Hawaii Admin. Code Title 4 | Hawaii Administrative Rules, Title 4 — Department of Agriculture

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Subtitle 6 DEPARTMENT OF AGRICULTURE

Chapter 67 SEED RULES

Haw. Code R. tit. 4, subtit. 6, ch. 67, tbl. 2 Germination Standards For Vegetable Seed - June 18, 1992

| Common Name | Percent | | --- | --- | | Artichoke ................................... | 60 | | Asparagus ................................... | 70 | | Asparagusbean ............................... | 75 | | Bean, garden ................................ | 70 | | Beans, lima ................................. | 70 | | Beans, runner ............................... | 75 | | Beet ........................................ | 65 | | Bittermelon ................................. | 70 | | Broadbean ................................... | 75 | | Broccoli .................................... | 75 | | Brussel sprouts ............................. | 70 | | Burdock, great .............................. | 60 | | Cabbage ..................................... | 75 | | Cabbage, tronchuda ........................ | 70 | | Cantaloupe (see muskmelon) | | | Cardoon ..................................... | 60 | | Carrot ...................................... | 55 | | Cauliflower ................................. | 75 | | Celeriac .................................... | 55 | | Celery ...................................... | 55 | | Chard, Swiss ................................ | 65 | | Chicory ..................................... | 65 | | Chinese cabbage ............................ | 75 | | Chives ...................................... | 50 | | Choi-sum (flowering pak-choi) ...... | 75 | | Citron ...................................... | 65 | | Collards .................................... | 80 | | Corn, sweet ................................. | 75 | | Cornsalad ................................... | 70 | | Cowpea ...................................... | 75 | | Cress, garden ............................... | 75 | | Cress, upland ............................... | 60 | | Cress, water ................................ | 40 | | Cucumber .................................... | 80 | | Dandelion ................................... | 60 | | Eggplant .................................... | 60 | | Endive ...................................... | 70 | | Gherkin, West Indian ................... | 75 | | Kale ........................................ | 75 | | Kale, Chinese ............................... | 75 | | Kohlrabi .................................... | 75 | | Leek ........................................ | 60 | | Lettuce ..................................... | 80 | | Mizuna (potherb mustard) .............. | 75 | | Muskmelon ................................... | 75 | | Mustard, India .............................. | 75 | | Mustard, spinach ............................ | 75 | | Okra ........................................ | 50 | | Onion ....................................... | 70 | | Onion, Welsh ................................ | 70 | | Pak choi .................................... | 75 | | Parsley ..................................... | 60 | | Parsnip ..................................... | 60 | | Pea ......................................... | 80 | | Pepper ...................................... | 55 | | Pumpkin ..................................... | 75 | | Radish ...................................... | 75 | | Rhubarb ..................................... | 60 | | Rutabaga .................................... | 75 | | Salsify ..................................... | 75 | | Sorrel ...................................... | 65 | | Soybean ..................................... | 75 | | Spinach ..................................... | 60 | | Spinach, New Zealand ................... | 40 | | Squash ...................................... | 75 | | Tomato ...................................... | 75 | | Tomato, husk ................................ | 50 | | Turnip ...................................... | 80 | | Watermelon .................................. | 70 |

History

June 18, 1992

Subtitle 7 QUALITY ASSURANCE DIVISION

Chapter 135 SEALS OF QUALITY

Haw. Code R. tit. 4, subtit. 7, ch. 135, exh. 3 Partner Seal of Quality (April 1, 2004)

Click Here To View Exhibit 3

History

April 1, 2004

Subtitle 1 ADMINISTRATION

Chapter 1 BOARD OF AGRICULTURE RULES OF PRACTICE AND PROCEDURE

Subchapter 1 GENERAL PROVISIONS

Haw. Code R. § 4-1-1 Purpose; construction

This chapter governs practice and procedure before the state board of agriculture and shall be construed to secure the just and efficient determination of every proceeding.

History

[Eff SEP 20 1986] (Auth: HRS §§ 91-2, 141-2, 142-2, 144-11, 145-15, 147-4, 148-2, 149A-19, 149A-33, 150-22, 150A-9, 152-2, 153-4, 155-4, 157-13, 159-7, 161-7, 163-4) (Imp: HRS § 91-2)

Haw. Code R. § 4-1-2 Definitions

As used in this chapter unless the context otherwise requires:

"Board" means the state board of agriculture.

"Chairperson" means the chairperson of the state board of agriculture.

"Complainant" means a person, an agency, or an officer upon whose complaint a proceeding is instituted.

"Department" means the state department of agriculture.

"Deputy" means the deputy to the chairperson of the state board of agriculture.

"Hearing officer" means a person duly appointed by the board to hold a hearing to take evidence or oral argument, and to make a recommended decision in any case or controversy within the jurisdiction of the board.

"Party" means the department, if named, permitted or entitled as of right to participate in a proceeding, each person named in a proceeding, or any interested or aggrieved person permitted or entitled as of right to participate in a proceeding before the board in the capacity of a petitioner, respondent, intervenor, or in a capacity other than that of a witness.

"Person" means individuals, partnerships, corporations, associations, or public or private organizations of any character other than the board or department.

"Petitioner" means a person on whose behalf petitions are made in proceedings involving declaratory rulings or the adopting, repealing, or amending of any rule of the board.

"Proceeding" means the board's consideration of the relevant facts and applicable law and action thereupon, with respect to a particular subject within the board's jurisdiction, initiated by a filing, a submittal, a request, or the board's notice or order. It shall include, but not be limited to, the following:

(1) Contested cases involving the denial, suspension, or revocation of, or refusal to renew, any license, permit, or certificate issued by the board;

(2) Proceedings involving petitions for declaratory rulings;

(3) An investigation or review instituted or requested to be instituted by the board; and

(4) Proceedings involving the adoption, amendment, or repeal of any rule of the board, whether initiated by board order or by petition of a person with a legal interest.

"Respondent" means a party in a contested case against whom an order to show cause has been issued by the board on its own initiative or a notice of hearing has been issued on the basis of a complaint filed with the board.

History

[Eff SEP 22 1986] (Auth: HRS § 91-2) (Imp: HRS § 91-2)

Haw. Code R. § 4-1-3 Grammatical usage; meaning of terms

(a) Unless otherwise required by the context, the singular includes the plural and vice-versa.

(b) Unless specifically stated, the terms used in rules adopted by the board pursuant to powers granted by statute shall have the meaning defined by that statute.

(c) A rule which defines a term without express reference to the statute or to this chapter, or to a portion thereof, defines the term for all purposes as used both in the statute and in this chapter, unless otherwise specifically required by the context.

History

[Eff SEP 20 1986] (Auth: HRS § 91-2) (Imp: HRS § 91-2)

Haw. Code R. § 4-1-4 Office

(a) The principal office of the board is located at 1428 South King Street, Honolulu, Hawaii.

(b) All communications to the board shall be addressed to the state board of agriculture, P. O. Box 22159, Honolulu, Hawaii 96823.

History

[Eff SEP 20 1986] (Auth: HRS §§ 91-2) (Imp: § 91-2)

Haw. Code R. § 4-1-5 Hours

The offices of the board shall be open from 7:45 a.m. to 4:30 p.m., Monday through Friday, unless otherwise provided by statute or executive order.

History

[Eff SEP 20 1986] (Auth: HRS §§ 80-1, 91-2) (Imp: HRS §§ 80-1, 91-2)

Haw. Code R. § 4-1-6 Meetings; conduct of meetings

(a) The board may meet and exercise its powers in any part of the State.

(b) Board meetings shall be held in accordance with sections 92-3, 92-4, 92-5, 92-7, 92-8, and 92-9, HRS, as applicable.

History

[Eff SEP 20 1986] (Auth: HRS §§ 91-2, 92-4, 92-5, 92-7, 92-8, 92-9) (Imp: HRS §§ 91-2, 92-3, 92-4, 92-5, 92-7, 92-8, 92-9)

Haw. Code R. § 4-1-7 Quorum; votes necessary for a decision

The constitution of a quorum and the number of votes necessary to validate any act of the board shall be in accordance with section 92-15, HRS.

History

[Eff SEP 20 1986] (Auth: HRS § 91-2) (Imp: HRS §§ 91-2, 92-15)

Haw. Code R. § 4-1-8 Records; annual report

(a) The chairperson shall have charge of the board's official records and shall be responsible for the maintenance and custody of the files and records of the board, including:

(1) The transcripts of testimony and exhibits;

(2) All papers and requests filed in proceedings;

(3) The minutes of all board meetings and hearings; and

(4) All findings, determinations, reports, opinions, orders, rules, and approved forms.

(b) The chairperson shall prepare for submission by the board an annual report of the department's activities and accomplishments to the governor and the legislature.

History

[Eff SEP 20 1986] (Auth: HRS §§ 91-2, 141-1) (Imp: HRS §§ 91-2, 141-1)

Haw. Code R. § 4-1-9 Authentication of board actions

All orders and other actions of the board shall be signed by the chairperson or, in his absence, by another member of the board designated by the chairperson.

History

[Eff SEP 20 1986] (Auth: HRS § 91-2) (Imp: HRS § 91-2)

Haw. Code R. § 4-1-10 Public records; requests for public records; fees

(a) All public records of the board shall be available for inspection by any person during office hours except as otherwise provided by section 92-51, HRS.

(b) All requests for inspection or copies of public records shall be submitted to the board in writing. The request shall:

(1) State the name, address, and phone number of the requestor;

(2) Give the reason for the request;

(3) Properly designate documents requested; and

(4) Give the date of the request.

(d) As used in this section, "public records" do not include "personal records" as defined in section 92E-1(3), HRS.

History

[Eff SEP 20 1986] (Auth: HRS § 91-2) (Imp: HRS §§ 91-2, 92-21, 92-51, 92E-1(3))

Subchapter 2 PROCEEDINGS BEFORE THE BOARD

Haw. Code R. § 4-1-11 General rule

All persons and parties shall comply with these rules of practice and procedure when appearing before the board. Procedures to be followed, unless specifically prescribed in this chapter or in chapter 91, HRS, shall be those which best serve the purposes of the proceeding. For good cause shown, the provisions of these rules may be modified or waived.

History

[Eff SEP 20 1986] (Auth: HRS §§ 91-2, 92-16) (Imp: HRS §§ 91-2, 92-16)

Haw. Code R. § 4-1-12 Appearances before the board

(a) A person may be represented by or with counsel in any proceedings under this chapter.

(b) When a person acting in a representative capacity appears in person or signs any document or paper submitted to the board, the personal appearance or signature of that individual shall constitute a representation to the board that the individual is authorized and qualified to represent that person. The individual, at any time, may be required to furnish proof of authority and qualification to act.

(c) No person who has been associated with the board as a member, officer, employee, or counsel shall be permitted to appear before the board in behalf of, or to represent in any manner, any person in connection with any proceeding or matter which was pending before, or passed by, the board during the time of the person's association unless the person shall first have obtained the written consent of the board upon a verified showing that the person did not give personal consideration to the matter or proceeding as to which consent is sought or gain particular knowledge of the facts thereof during the person's association with the board.

History

[Eff SEP 20 1986] (Auth: HRS § 91-2) (Imp: HRS § 91-2)

Haw. Code R. § 4-1-13 Filing of papers

(a) All papers or documents required to be filed with the board shall be filed with the chairperson.

(b) Such papers may be mailed or hand-carried to any office of the department in the State within the time limit, if any, for filing.

(c) The date on which the papers or documents are actually received by any office of the department shall be deemed to be the date of filing.

(d) All papers or documents shall be written legibly or typed and signed in black ink by the party or the party's duly authorized agent or attorney. The signer's name shall be printed legibly below the signature.

(e) The signature on any paper or document constitutes a certification that the person has read the document, that to the best of that person's knowledge, information, and belief, every statement in the paper or document is true, not misleading, and not interposed for delay.

(f) The initial document filed by any person in any proceeding shall include on the first page the name and address of the person who may be served with any documents filed in the proceeding.

History

[Eff SEP 20 1986] (Auth: HRS § 91-2) (Imp: HRS § 91-2)

Haw. Code R. § 4-1-14 Retention of papers

All papers filed with the board shall be retained by the board in its files. However, the chairperson may permit the withdrawal of the original documents upon submission of properly authenticated copies to replace the original papers.

History

[Eff SEP 20 1986] (Auth: HRS § 91-2) (Imp: HRS § 91-2)

Haw. Code R. § 4-1-15 Computation of time

Computation of time shall be as provided under section 1-29, HRS.

History

[Eff SEP 20 1986] (Auth: HRS § 91-2) (Imp: HRS §§ 1-29, 91-2)

Haw. Code R. § 4-1-16 Continuances or extensions of time

Whenever a person or agency has a right or is required to take action within the period prescribed or allowed by this chapter, by notice given under this chapter, or by an order, the board may:

(1) With or without notice, extend the period before expiration of the prescribed period; or

(2) Upon motion, permit the act to be done after the expiration of the specified period where the failure to act is clearly shown to be the result of excusable neglect.

History

[Eff SEP 20 1986] (Auth: HRS § 91-2) (Imp: HRS § 91-2)

Haw. Code R. § 4-1-17 Striking or amendment of papers

If any paper filed with the board is not in substantial conformity with the applicable rules, the board, on its own motion or the motion of any party, may strike the document or require that it be amended. If amended, the document shall be effective as of the date of the original filing.

History

[Eff SEP 20 1986] (Auth: HRS § 91-2) (Imp: HRS § 91-2)

Haw. Code R. § 4-1-18 Board decision

(a) Certified copies of all final orders, opinions, or rulings entered by the board in any proceeding shall be served upon the parties or persons participating in the proceedings by first class mail or personal delivery by the board.

(b) All final orders, opinions, or rulings may be released for general publication.

(c) Copies of materials released for general publication shall be available for public inspection in the office of the board or may be obtained upon request and upon payment of a reasonable charge in accordance with section 92-21, HRS.

History

[Eff SEP 20 1986] (Auth: HRS § 91-2) (Imp: HRS §§ 91-2, 92-21)

Haw. Code R. § 4-1-19 Counsel for the board

The attorney general, as counsel for the board, shall be a participant in all proceedings governed by this chapter. The attorney general or a representative of the attorney general shall be designated as "counsel for the board", and shall be served with copies of all papers, pleadings, maps, and documents as are all other parties to the same proceeding.

History

[Eff SEP 20 1986] (Auth: HRS §§ 28-4, 91-2) (Imp: HRS §§ 28-4, 91-2)

Haw. Code R. § 4-1-20 Substitution of parties

Upon motion and for good cause shown, the board may order substitution of parties, except that in case of death of a party, substitution may be ordered without the filing of a motion.

History

[Eff SEP 20 1986] (Auth: HRS § 91-2) (Imp: HRS § 91-2)

Haw. Code R. § 4-1-21 Consolidation

The board may consolidate for hearing or other purposes or contemporaneously consider two or more proceedings which involve substantially the same parties or issues which are the same or closely related, if it finds that such consolidation or contemporaneous hearing will be conducive to the proper dispatch of its business and to the ends of justice and will not unduly delay the proceedings.

History

[Eff SEP 20 1986] (Auth: HRS § 91-2) (Imp: HRS § 91-2)

Haw. Code R. § 4-1-22 Default

When a party, against whom an order to show cause has been issued, fails to plead or defend that action and this fact is made to appear by affidavit or otherwise, the board may enter the party's default. No order for default shall be entered against an infant or an incompetent person unless represented in a hearing by a guardian or other representative. For good cause shown, the board may set aside a default order.

History

[Eff SEP 20 1986] (Auth: HRS § 91-2) (Imp: HRS § 91-2)

Subchapter 3 RULEMAKING PROCEEDINGS

Haw. Code R. § 4-1-23 Initiation of rulemaking

(a) The adoption, amendment, or repeal of any rule of the board may be made by the board on its own motion, or by petition of any interested person or agency. Petitions for rulemaking filed with the board shall be matters of public record.

(b) Petitions shall conform to and be filed in accordance with section 4-1-12 and shall contain:

(1) The name, address, and telephone number of each petitioner;

(2) The signature of each petitioner;

(3) A draft or the substance of the proposed rule or amendment or a designation of the provisions of the rule to be repealed;

(4) A statement of the petitioner's interest in the subject matter; and

(5) A statement of the reasons in support of the proposed rule, amendment, or repeal.

(c) Within thirty days after the filing of a petition for rulemaking, the board shall either deny the petition or initiate rulemaking proceedings.

History

[Eff SEP 20 1986] (Auth: HRS §§ 91-2, 91-6) (Imp: HRS §§ 91-2, 91-6)

Haw. Code R. § 4-1-24 Denial of petition

Any petition that fails to comply in any material respect with the requirements of this chapter or fails to disclose sufficient reason to justify conducting rulemaking proceedings shall not be considered by the board. The board shall promptly notify the petitioner in writing of such denial, stating the reasons therefor. Denial of a petition shall not prevent the board from acting, on its own motion, upon any matter disclosed in the petition. The petitioner may seek judicial review of denial.

History

[Eff SEP 20 1986] (Auth: HRS § 91-2) (Imp: HRS §§ 91-2, 91-6, 91-14)

Haw. Code R. § 4-1-25 Acceptance of petition

If the board determines that the petition is in order and that it discloses sufficient reasons in support of the proposed rulemaking to justify the conduct of rulemaking proceedings, the procedures to be followed shall be as set forth in this chapter and applicable statutes.

History

[Eff SEP 20 1986] (Auth: HRS § 91-2) (Imp: HRS §§ 91-2, 91-6)

Haw. Code R. § 4-1-26 Notice of rulemaking

Whenever pursuant to a petition or upon its own motion the board proposes to adopt, amend, or repeal a rule, a notice of proposed rulemaking shall be published in accordance with sections 91-3, 91-6, and 92-41, HRS.

History

[Eff SEP 20 1986] (Auth: HRS § 91-2) (Imp: HRS §§ 91-2, 91-3, 91-6, 92-41)

Haw. Code R. § 4-1-27 Conduct of rulemaking hearings

(a) Each hearing shall be held before the board or presided over by a hearing officer.

(b) The board or hearing officer shall be authorized to take all actions necessary for the orderly conduct of the hearing.

(c) Each hearing shall be held at the time and place set in the notice of hearing, but may be continued by the board or hearing officer from day to day or adjourned to a later date or to a different place without notice other than an announcement at the hearing.

(d) The hearing shall be conducted in such a way as to afford interested persons a reasonable opportunity to offer evidence on the matters specified in the notice of hearing and to obtain a clear and orderly record. However, in order to avoid unnecessary, cumulative evidence, the board or hearing officer may limit the number of witnesses or the time allowed for testimony.

(e) At the commencement of the hearing, the notice of hearing shall be read and the procedure to be followed shall be outlined briefly. Evidence shall then be received with respect to the matters specified in the notice of hearing in such order as the board or hearing officer prescribes.

(f) All interested persons and agencies shall be afforded an opportunity to submit orally or in writing data, views, or arguments that are relevant to the matters specified in the notice of hearing. The board or hearing officer may require the filing of an original and eight copies of all written comments, recommendations, or replies.

(g) Before proceeding to testify, all interested persons shall:

(1) State their name, address, and whom they represent; and

(2) Give any information respecting their appearance as the board or hearing officer may request.

(h) Witnesses shall be subject to questioning by members of the board or by any other representative of the board. Cross examination by other persons or agencies shall be permitted only at the discretion of the board or hearing officer.

(i) The board or hearing officer shall confine the evidence to the questions before the hearing, but need not apply the technical rules of evidence.

(j) Unless otherwise ordered by the board or hearing officer, testimony given at the public hearing shall not be reported verbatim.

(k) All supporting written statements, maps, charts, tabulations, or similar data offered in evidence at the hearing, and which are deemed by the board or hearing officer to be authentic and relevant, shall be received in evidence and made a part of the record.

History

[Eff SEP 20 1986] (Auth: HRS § 91-2) (Imp: HRS §§ 91-2, 91-3)

Haw. Code R. § 4-1-28 Recommendation; submissions; board decision

(a) At the close of a public hearing presided over by a hearing officer, the hearing officer shall announce either:

(1) What recommendation will be made to the board on the proposed adoption, amendment or repeal; or

(2) The date by which such recommendation will be made.

(b) If no recommendation is made at the close of the public hearing, the hearing officer, within five calendar days of the close of the public hearing, may request or allow filing of additional written submissions in support of or in opposition to the proposed rulemaking.

(c) The hearing officer's recommendation shall be filed with the board not later than ten calendar days after the close of the public hearing or the expiration of any period for filing additional written submissions.

(d) At the close of a public hearing before the board, the board shall announce its decision or the date by which such decision will be made. The board's decision on the adoption, amendment, or repeal of any rule shall be rendered in accordance with section 92-3(a)(2), HRS.

History

[Eff SEP 20 1996] (Auth: HRS § 91-2) (Imp: HRS §§ 91-2, 91-3)

Haw. Code R. § 4-1-29 Board action

(a) In rulemaking proceedings before the board, the board shall take final action either at the close of the public hearing or on the date previously announced for decision making.

(b) In rulemaking proceedings presided over by a hearing officer, the board shall take final action within forty-five calendar days after the filing of the hearing officer's recommendation.

History

[Eff SEP 20 1986] (Auth: HRS §§ 91-2, 91-3) (Imp: HRS §§ 91-2, 91-3)

Haw. Code R. § 4-1-30 Emergency rulemaking

The board may adopt emergency rules in accordance with section 91-3(b) and 91-4(b)(2), HRS.

History

[Eff SEP 20 1986] (Auth: HRS §§ 91-2, 91-3(b), 91-4(b)(2)) (Imp: HRS §§ 91-2, 91-3(b), 91-4(b)(2))

Subchapter 4 APPLICATION FOR ISSUANCE OR RENEWAL OF LICENSE, PERMIT, OR CERTIFICATE

Haw. Code R. § 4-1-31 Forms and instructions

An application for the issuance or renewal of a license, permit, or certificate shall be filed with the board. Application shall be made by completing a form furnished by the department.

History

[Eff SEP 20 1986] (Auth: HRS § 91-2) (Imp: HRS § 91-2)

Haw. Code R. § 4-1-32 Denial of application

In the event an application for the issuance or renewal of a license, permit, or certificate is denied, the chairperson or the chairperson's designated representative shall promptly notify the applicant of the board's action by letter which shall include a concise statement of the reasons therefor and of the applicant's right to a hearing if the applicant so desires.

History

[Eff SEP 20 1986] (Auth: HRS §§ 91-2, 91-9) (Imp: HRS §§ 91-2, 91-9)

Haw. Code R. § 4-1-33 Request for hearing

Any person whose application for the issuance or renewal of a license, permit, or certificate has been denied by the board, shall be entitled to a hearing after notice, provided that a request for a hearing is filed with the board within thirty days of the date of mailing of the letter informing the applicant of the denial of the application.

History

[Eff SEP 20 1986] (Auth: HRS § 91-2) (Imp: HRS § 91-2)

Haw. Code R. § 4-1-34 Proceedings upon request for hearing

If a request for hearing is filed within the time prescribed, the board shall order a hearing upon reasonable notice, which shall be conducted in accordance with subchapter 5 and all applicable laws on contested cases.

History

[Eff SEP 20 1986] (Auth: HRS § 91-2) (Imp: HRS § 91-2)

Subchapter 5 CONTESTED CASE PROCEEDINGS

Haw. Code R. § 4-1-35 Initiation of contested case

(a) A contested case is initiated with the filing of

(1) A request for a contested case hearing;

(2) A citation issued by the department;

(3) A complaint; or

(4) An order to show cause issued by the board.

(b) Upon the filing of a document initiating a contested case, a docket number shall be assigned consisting of a two-digit year identifier, a two-letter division or branch identifier, and a numerical case identifier, with each identifier separated by a dash. Docket numbers shall be assigned chronologically on a calendar year basis.

History

[Eff SEP 20 1986] (Auth: HRS § 91-2) (Imp: HRS §§ 91-2, 91-9)

Haw. Code R. § 4-1-36 Request for contested case hearing

(a) A hearing on a contested matter may be requested by the board on its own motion, by any government agency upon filing of a written petition, or by any person aggrieved by a decision or ruling of the board or against whom a citation has been issued by department employees for a violation of state law or rule.

(b) A person aggrieved by a decision or ruling of the board shall file a request for hearing within ten calendar days after mailing of written notice of board action.

(c) A cited person desiring a hearing shall file a request for hearing within twenty days after mailing of the citation, notice of violation, or similar document.

(d) A request for hearing filed after the expiration of the time limits set forth in subsections (b) and (c) shall be deemed untimely, and the board need not grant such a request.

History

[Eff SEP 20 1986] (Auth: HRS § 91-2) (Imp: HRS § 91-2)

Haw. Code R. § 4-1-37 Filing of complaint

(a) Any person or agency of the State or its political subdivisions, or any officer thereof, may file a complaint against a person holding a license, permit, or certificate issued by the board charging a violation of any law over which the board has jurisdiction or of any rule of the board.

(b) The complaint shall be in writing, signed by the complainant, and shall contain:

(1) A short and simple statement of the facts constituting the alleged violation;

(2) The name and address of the complainant; and

(3) The name and address of the respondent.

(1) Transmit a copy of the complaint to the person against whom the complaint has been filed;

(2) Direct the department staff to investigate the matter contained in the complaint if it has not already done so, and to make an appropriate report and recommendations.

(d) Upon receipt of the staff investigative report, the chairperson shall present the complaint, together with the staff report and recommendations, to the board at its next meeting.

(e) The board shall determine whether or not the complaint should be set for a contested case hearing. The board need not order a hearing where the matters complained of:

(1) Involve a private controversy redressable in the courts and the public interest is not involved; or

(2) Concern a situation where it is clear on the face of the complaint that there has been no violation of law or rule.

History

[Eff SEP 20 1986] (Auth: HRS §§ 91-2, 92-17) (Imp: HRS §§ 91-2, 92-17)

Haw. Code R. § 4-1-38 Order to show cause

(a) Whenever the board has reason to believe that a law over which it has jurisdiction or one of its rules has been violated by a person holding a license, permit, or certificate issued by the board, the board shall issue and serve upon that person an order to show cause.

(b) The order shall set forth the particular sections of the law or rule involved, and the nature of the alleged violation or subject matter of inquiry.

History

[Eff SEP 20 1986] (Auth: HRS §§ 91-2, 91-9, 91-9.5, 92-17) (Imp: HRS §§ 91-2, 91-9, 91-9.5, 92-17)

Haw. Code R. § 4-1-39 Notice of hearing

Upon filing of a petition or request for hearing under section 4-1-36, board determination that a contested case hearing is required under section 4-1-37(e), or service of an order to show cause under section 4-1-38, a written notice of hearing shall be served on the parties in accordance with section 91-9.5, HRS.

History

[Eff SEP 20 1986] (Auth: HRS § 91-2) (Imp: HRS §§ 91-2, 91-9)

Haw. Code R. § 4-1-40 Prehearing conferences; briefs

(a) The board or hearing officer may hold pre-hearing conferences with the parties for the purpose of;

(1) Formulating, simplifying, or narrowing the issues;

(2) Arranging for the exchange of proposed exhibits or proposed written testimony, the setting of schedules, the exchange of names of witnesses, and the limitation of the number of witnesses; and

(3) Such other matters as may expedite the orderly conduct and disposition of the proceedings.

(b) The board or hearing officer may request briefs setting forth the issues, facts, and legal arguments upon which the parties intend to rely, and may fix the conditions and time for the filing of briefs and the number of pages. Exhibits may be reproduced in an appendix to a brief. A brief of more than twenty pages shall contain a subject index and a table of authorities.

History

[Eff SEP 20 1986] (Auth: HRS § 91-2) (Imp: HRS § 91-9)

Haw. Code R. § 4-1-41 Conduct of contested case hearings

(a) Each hearing shall be held before the board or presided over by a hearing officer.

(b) The board or hearing officer shall be authorized to administer oaths or affirmations and to take all actions necessary for the orderly conduct of the hearing.

(d) The hearing shall be conducted in such a way as to afford each party a reasonable opportunity to offer evidence on the matters specified in the notice of hearing and to obtain a clear and orderly record. However, in order to avoid unnecessary, cumulative evidence, the board or hearing officer may limit the number of witnesses or the time allowed for testimony.

(e) At the commencement of the hearing, the notice of hearing shall be read and the procedure to be followed briefly outlined. Evidence shall then be received with respect to the matters specified in the notice of hearing in such order as the board or hearing officer prescribes.

(f) The petitioner or complainant shall make the first opening statement and the last closing argument unless the board or hearing officer directs otherwise. Other parties shall be heard in such order as the board or the hearing officer directs.

(g) Each party shall be afforded an opportunity to submit orally or in writing data, views, or arguments that are relevant to the matters specified in the notice of hearing. The board or hearing officer may require the filing of an original and eight copies of all written comments, recommendations, or replies.

(h) All supporting written statements, maps, charts, tabulations, or similar data offered in evidence at the hearing, and which are deemed by the board or hearing officer to be authentic and relevant, shall be received in evidence and made a part of the record.

(i) Each party shall have the right to call or have subpoenaed witnesses to testify at the hearing.

(j) Each party shall have the right to conduct such examination or cross examination of the witnesses as may be necessary for a full and true disclosure of the relevant facts and shall have the right to submit rebuttal evidence, subject to limitation of repetitive questions or cumulative evidence by the board or hearing officer.

(k) Witnesses shall also be subject to questioning by members of the board, the hearing officer, or any other representative of the board.

(l) Before proceeding to testify, all witnesses shall:

(1) Swear or affirm to tell the truth;

(2) State their name and address; and

(3) Give any information respecting their appearance as the board or hearing officer may request.

(m) Where a party is represented by more than one counsel, the counsel may allocate direct or cross examination of witnesses between them, but only one counsel shall be permitted to cross examine a witness, to state any objections, or to make opening and closing arguments.

(n) Any procedure may be modified or waived by stipulation of the parties, and informal disposition may be made by stipulation, agreed settlement, consent order, or default.

(o) The board or hearing officer shall confine the evidence to the questions before the hearing, but need not apply the technical rules of evidence.

(p) At the close of the reception of evidence or within a reasonable time thereafter and prior to the filing of the hearing officer's recommended decision, the parties shall be permitted to file proposed findings of fact and conclusions of law together with reasons therefor. Proposals shall be in writing and shall contain references to the record and authorities relied upon. The original and eight copies shall be filed with the board and copies shall be furnished to all parties concerned.

(q) Prior to the filing of a recommended decision, the hearing officer, for good cause shown, may reopen the case for the reception of further evidence.

History

[Eff SEP 20 1986] (Auth: HRS § 91-2) (Imp: HRS §§ 91-2, 91-9)

Haw. Code R. § 4-1-42 Recommended decision; exceptions

(a) The hearing officer's recommended decision shall be filed as soon as practicable and not later than thirty calendar days after the close of the reception of evidence.

(b) The hearing officer's recommended decision shall become a part of the record and include separate findings of fact and conclusions of law as well as reasons therefor. The findings and conclusions shall be based upon the whole record and supported by reliable, probative, and substantial evidence, including facts of which the hearing officer may have taken official notice.

(c) If any party to the proceeding has filed proposed findings, the hearing officer shall incorporate in the recommended decision a ruling upon each proposed finding.

(d) A copy of the hearing officer's recommended decision shall be served upon each party or the party's counsel of record.

(e) Within ten calendar days after receipt of a copy of the hearing officer's recommended decision, any party may file with the board exceptions to any part thereof and request review by the board. Each exception shall specify the portions of the record and the authorities relied on to sustain each point. A copy of the exceptions and request for review shall be served upon each party or the party's counsel of record.

History

[Eff SEP 20 1986] (Auth: HRS § 91-2) (Imp: HRS §§ 91-2, 91-12)

Haw. Code R. § 4-1-43 Board action

(a) Before taking final action in a contested case, the board, on its own motion, may order further proceedings to be held.

(b) In taking final action, the board shall consider the recommended decision of the hearing officer and all relevant evidence introduced in conjunction with the case.

(c) If timely exceptions and requests for review have been filed by a party adversely affected by the recommended decision, the board shall allow the party an opportunity to present argument and shall consider the whole record or such portions as may be cited by the party.

(d) The board shall take final action within forty-five calendar days:

(1) After filing of the recommended decision of the hearing officer if no timely exceptions and requests for review have been filed; or

(2) After the conclusion of further proceedings as provided in subsection (a) or review as provided in subsection (c).

History

[Eff SEP 20 1986] (Auth: HRS §§ 91-2, 91-3) (Imp: HRS §§ 91-2, 91-3, 91-11)

Haw. Code R. § 4-1-44 Informal disposition; offers of settlement; satisfaction of complaint

(a) The complainant, respondent, counsel for the board, and any other party to the proceedings may meet at any time prior to or during hearings for the purpose of informal disposition of the proceedings.

(b) Unaccepted proposals or offers of settlement shall not be admissible in evidence.

(c) If a respondent satisfies a complaint either before or after the commencement of a hearing, a statement setting forth when and how the complaint has been satisfied shall be:

(1) Signed and verified by each party;

(2) Filed with the board; and

(3) Served upon all parties of record. Satisfied complaints may be dismissed at the discretion of the board.

History

[Eff SEP 20 1986] (Auth: HRS §§ 91-2, 91-9) (Imp: HRS §§ 91-2, 91-9)

Haw. Code R. § 4-1-45 Service of papers

(a) The board or hearing officer shall serve all orders, notices, and other papers issued by the board or hearing officer, together with any other papers which the board or hearing officer is required by law to serve. All other papers shall be served by the party filing them.

(b) All papers, including notice of final board action, shall be served:

(1) On all counsel of record at the time of filing;

(2) Upon parties not represented by counsel; or

(3) Upon agents designated by parties or by law.

(c) Any counsel entering an appearance subsequent to the initiation of a proceeding shall notify all other counsel of record and all parties not represented by counsel of this fact.

(d) Service of papers shall be made personally or by first-class certified mail.

(e) A party shall be in default upon failure or refusal to adhere to papers served in accordance with this section.

History

[Eff SEP 20 1986] (Auth: HRS § 91-2) (Imp: HRS § 91-2)

Haw. Code R. § 4-1-46 Depositions

(a) Upon application of a party to any proceeding, the board or hearing officer, at any time after the filing of a complaint, may order the taking of testimony by oral deposition or by deposition upon written interrogatories.

(b) Any party desiring to take the deposition of a witness shall make application in writing to the board or the hearing officer giving reasons why a deposition should be taken, together with the following:

(1) The character of the deposition;

(2) The time and place the deposition is to be taken;

(3) The name and address of the person before whom the deposition will be taken;

(4) The name and address of each witness; and

(5) The subject matter upon which a witness is expected to testify.

(c) Upon approval of an application for the taking of testimony by deposition, a deposition may be taken before any person having power to administer oaths other than the person designated in the notice, provided written notice is given to all parties concerned.

(d) Each witness testifying shall be duly sworn. The adverse party shall have the right to cross-examine the witness.

(e) The questions propounded to the witness and the answers thereto shall be reduced to writing and, in the presence of the person taking the deposition, read to and subscribed by the witness and certified in the usual form by the person taking the deposition. The person taking the deposition shall forward the original and two copies of the deposition to the board at its office in Honolulu, Hawaii.

(f) A deposition ordered and taken in accordance with this section may be used in any proceedings if the board or the hearing officer finds that the evidence is otherwise admissible and that:

(1) The witness is dead; or

(2) The witness is outside the State, unless it appears that the absence of the witness is procured by the party offering the deposition; or

(3) The witness is unable to attend or testify because of age, sickness, infirmity, or imprisonment; or

(4) The party offering the deposition has endeavored and been unable to procure the attendance of the witness by subpoena; or

(5) Exceptional circumstances exist to make it desirable to allow the deposition to be used.

(g) If any part of a deposition is put in evidence by a party, any other party may require the production of the remainder or any other portion of the deposition.

History

[Eff SEP 20 1986] (Auth: HRS § 91-2) (Imp: HRS § 91-2)

Haw. Code R. § 4-1-47 Subpoenas

(a) The issuance of subpoenas by the board shall be in accordance with section 92-16, HRS.

(b) Application for subpoenas for the production of documentary evidence shall be made in writing to the board or to the hearing officer. The application shall be reasonable in scope and specify as exactly as possible the documents desired, showing their general relevancy.

History

[Eff SEP 20 1986] (Auth: HRS §§ 91-2, 92-16) (Imp: HRS §§ 91-2, 92-16)

Haw. Code R. § 4-1-48 Ex parte communications

(a) No party or other person representing or on behalf of a party shall communicate privately on the merits of a case to any member of the board, the department staff, or the hearing officer designated to hear and decide a matter.

(b) The following types of ex parte communications are permitted:

(1) Requests for information as to the status of a proceeding; and

(2) Those which all parties to the contested case have agreed upon or which the board or hearing officer has formally ruled may be made on an ex parte basis.

(c) Statements may be made to any news media to inform the public of the status or progress of the contested case or the testimony presented or the evidence produced.

History

[Eff SEP 20 1986] (Auth: HRS § 91-2) (Imp: HRS §§ 91-2, 91-9)

Haw. Code R. § 4-1-49 Record of hearing

Contested case hearings shall be reported verbatim or recorded on electronic devices.

History

[Eff SEP 20 1986] (Auth: HRS § 91-2) (Imp: HRS §§ 91-2, 91-9)

Subchapter 6 DECLARATORY RULINGS

Haw. Code R. § 4-1-50 Petition for declaratory ruling

(a) On petition of an interested person, the board may issue a declaratory order regarding the applicability of any statutory provision or of any rule or order of the board. Petitions for the issuance of a declaratory order shall:

(1) State clearly and concisely the controversy of uncertainty;

(2) Cite the statutory authority involved;

(3) Include a complete statement of the facts and the reasons or grounds prompting the petition, together with full disclosure of the petitioner's interest; and

(4) Conform to the requirements of section 4-1-12.

(b) The board, upon receipt of a petition, may require the petitioner to file additional data or a memorandum of legal authorities in support of the position taken by the petitioner.

(c) The board, without notice or hearing, may dismiss a petition for declaratory ruling which fails in any material respect to comply with the requirements of this section.

(d) Although no formal hearing will ordinarily be held on a petition for a declaratory ruling, the board may order a hearing.

(e) Any petitioner or interested party who requests a hearing on a petition for declaratory ruling shall:

(1) Set forth in writing the reasons why the information filed will not permit a fair and expeditious disposition of the petition; and

(2) If the hearing is dependent upon factual assertions, submit affidavits establishing those facts.

(f) In the event a hearing is ordered by the board, the proceedings shall be in accordance with subchapter 5.

History

[Eff SEP 20 1986] (Auth: HRS §§ 91-2, 91-8) (Imp: HRS §§ 91-2, 91-8)

Subchapter 7 SEVERABILITY

Haw. Code R. § 4-1-51 Severability

This chapter shall be deemed to be severable, and in the event a section of this chapter is determined to be invalid, such invalidity shall affect that section only and not invalidate this chapter in its entirety.

History

[Eff SEP 20 1986] (Auth: HRS § 91-2) (Imp: HRS § 91-2)

Subchapter 8 REPEAL

Haw. Code R. § 4-1-52 Repeal

All rules and regulations adopted by the board in effect on July 1, 1980, and subsequently not converted to the Hawaii Administrative Rules format in accordance with section 91-4.2 and 91-5, HRS, are repealed.

History

[Eff SEP 20 1986] (Auth: HRS §§ 91-2, 141-2, 142-2, 144-11, 145-15, 147-4, 148-2, 149A-19, 149A-33, 150-22, 150A-9, 152-2, 153-4, 155-4, 157-13, 159-7, 161-7, 163-4) (Imp: HRS §§ 91-4.2, 91-5)

Subtitle 2 AGRICULTURAL LOAN DIVISION

Chapter 8 AGRICULTURAL LOAN PROGRAM RULES

Subchapter 1 LOAN APPLICATIONS

Haw. Code R. § 4-8-1 Definitions

As used in this chapter:

"Board" means the board of agriculture of the department of agriculture.

"Chairperson" means the chairperson of the board of agriculture.

"Consolidation" means to reorganize the financing of two or more debts.

"Department" means the department of agriculture.

"Division" means the agricultural loan division of the department of agriculture.

"Division head" means the agricultural loan division head.

"Extension" means extending the time within which the installments of principal may be paid.

"Extra payment" means that portion of total prepayments made during the course of the loan through liquidation or sale of secured assets.

"Loan officer" means the agricultural loan division officer.

"Refinancing" means to renew or reorganize the financing of a debt.

"Refund" means that portion of loan funds which was deposited into a supervised checking account and returned to the State.

"Workout" means a plan to solve a delinquent or problem loan.

History

[Eff 1/31/85; comp 9/20/86] (Auth: HRS § 155-4) (Imp: HRS §§ 155-4)

Haw. Code R. § 4-8-2 Administration of agricultural loan program

Responsibility for administration of the agricultural loan program shall be placed within the agricultural loan division.

History

[Eff 1/31/85; comp 9/20/86] (Auth: HRS § 155-4) (Imp: HRS §§ 155-4)

Haw. Code R. § 4-8-3 Qualified farmer applicants

(a) Qualified farmer applicants shall have two or more years of experience in operating the applicant's own farm, of which most of the time shall have been spent on farming or most of the income shall have been derived from farming.

(b) The qualified farmer applicant's ability to repay the loan shall be based substantially on the operating results of the applicant's prior farming experience.

(c) Qualified farmer applicants shall provide satisfactory proof of farming, including but not limited to, tax returns and general excise tax license.

(d) Qualified farmer applicants shall authorize the department in writing to confirm the applicant's qualifications and any other information.

History

[Eff 1/31/85; comp 9/20/86] (Auth: HRS §§ 155-2, 155-4) (Imp: HRS § 155-1)

Haw. Code R. § 4-8-4 New farmer applicants

(a) When a new farmer applicant's qualifications are based on farming experience, the experience shall be relevant and contribute significantly towards the new farmer loan project.

(b) New farmer applicants shall provide satisfactory proof of qualifications, including but not limited to, a diploma, college transcripts, and general excise tax license.

(c) New farmer applicants shall authorize the department in writing to confirm the applicant's qualifications and any other information.

(d) The new farmer applicant's equity contribution towards the cost of the project may be by means other than cash. Non cash equity contribution shall be reasonably valued and contribute significantly towards the project requirement as determined by the division. In accepting cash from loans as equity contribution, these loans shall be placed on standby and repayment shall require the approval of the department.

History

[Eff 1/31/85; comp 9/20/86] (Auth: HRS § 155-4) (Imp: HRS § 155-10)

Haw. Code R. § 4-8-5 Sound credit risk

To be eligible for a loan, the applicant shall be a sound credit risk with the ability to repay the money borrowed, as determined by the department. The department's determination may be based on projections of income and expense with reasonable assumptions submitted by the applicant. Income from the applicant's farming activities shall be the sole criterion for the department's determination of the applicant's ability to repay the money borrowed.

History

[Eff 1/31/85; comp 9/20/86] (Auth: HRS § 155-4) (Imp: HRS § 155-10)

Haw. Code R. § 4-8-6 Application for loans

(a) The applicant for a loan shall file an application with the department at any of the following locations:

(1) Agricultural Loan Division State Department of Agriculture 1428 South King Street Honolulu, Hawaii 96814 (Mailing address: P.O. Box 22159, Honolulu, Hawaii 96822)

(2) Agricultural Loan Division Department of Agriculture P.O. Box 226 Captain Cook, Hawaii 96704

(3) Agricultural Loan Division State Department of Agriculture 16E Lanikaula Street Hilo, Hawaii 96720

(4) Agricultural Loan Division State Department of Agriculture P.O. Box 700 Wailuku, Maui, Hawaii 96793

(5) Department of Agriculture P. O. Box 1671 Lihue, Kauai, Hawaii 96766

(b) The application shall be filed on forms prescribed and furnished by the division. The division requires a completed application for review. Financial statements prepared by an accountant in a format acceptable to the division may be provided as part of the application.

(c) The division may require the applicant to provide supporting documentation for the information submitted in the application.

(d) The division may require the applicant to provide written authorization to verify or otherwise secure relevant information from third parties such as other creditors of the applicant.

(e) The application and any prepared financial statements shall be signed by the applicant or the applicant's authorized representative.

History

[Eff 1/31/85; comp 9/20/86] (Auth: HRS § 155-4) (Imp: HRS §§ 155-4)

Haw. Code R. § 4-8-7 Filing fee

The department does not charge a filing fee for any application. However, the applicant shall pay for any actual expenses incurred, as provided in section 4-8-18.

History

[Eff 1/31/85; comp 9/20/86] (Auth: HRS § 155-4) (Imp: HRS §§ 155-4)

Haw. Code R. § 4-8-8 Letters of decline

(a) The division requires that each direct loan application shall include letters of decline as follows:

(1) The applicant's bank of account (private lender);

(2) One other private lender;

(3) Federal Land Bank Association of Hawaii for classes "A" and "B" loans and for classes "D" and "F" loans where loans are primarily for class "A" purposes;

(4) Hawaii Production Credit Association for class "C" loans and for classes "D" and "F" loans where loans are primarily for class "C" purposes;

(5) Sacramento Bank for Cooperatives or their authorized representative for class "E" loans; and

(6) Farmers Home Administration of the United States Department of Agriculture.

(b) The division requires letters of decline for participating loans from the participating private lender and from the Farmers Home Administration of the United States Department of Agriculture. If a substantial part of a proposed participating loan is to refinance a debt held by another private lender who also has a participating agreement with the State, a letter of decline will be required from that lender also.

(c) To facilitate processing of class "D" emergency loans, the division may accept a blanket letter of decline from a lender to cover a specific commodity group or area which the lender will not finance because of the lender's policy or where the financial situation will not warrant extension of credit by the lender.

History

[Eff 1/31/85; Comp 9/20/86] (Auth: HRS § 155-4) (Imp: HRS §§ 155-3, 155-6, 155-8)

Haw. Code R. § 4-8-9 Restrictions on loan purpose

(a) The applicant's reasons for requesting the loan shall be relevant to encouraging the growth, development, and well being of agriculture in the state.

(b) Loan funds for vehicle purchase may be provided by the department, but only for vehicles which are clearly suitable for agricultural purposes, such as trucks, pickup and panel trucks, jeeps and other multi-purpose vehicles. Loan funds for vehicle purchase shall not be provided for passenger cars.

(c) Loan funds shall not be provided by the department if funds are to be used in any way for the production or keeping of:

(1) Any animal that will be sold, kept, or used for fighting or baiting as defined and prohibited under section 711-1109, Hawaii Revised Statutes;

(2) Any animal that will be sold, kept, or used as a pet, including but not limited to, a dog, cat, canary, parakeet, or any other animal life not used as work stock or for agricultural production; or

(3) Any plants whose possession, use, or products are prohibited by law.

History

[Eff 1/31/85; comp 9/20/86] (Auth: HRS § 155-4) (Imp: HRS §§ 155-2, 155-10, 155-12)

Haw. Code R. § 4-8-10 Restrictions on participating loans

(a) Except where there is an unusual danger of natural catastrophe or economic hardship, the State's share of a loan in participation with a private lender shall not exceed seventy-five per cent of the principal amount of the loan made to a qualified farmer. The State's share of a participating loan may be the legal maximum of ninety per cent when the loan applicant operates in a danger area (such as the Punarift zone) or when the major portion of the borrower's income is from a commodity affected by prolonged or severe economic difficulties such as depressed prices, disease, weather, or other circumstances of fairly wide impact on the commodity group. Ninety per cent participation shall be for class "C" and "D" loans only, since it is not the intent of the department to encourage permanent expansion in danger areas or uneconomic commodity groups.

(b) Out of the interest collected, the department shall pay the participating private lender a service fee as follows:

| Private Lender's Share of Loan | Allowable Service Fee | | --- | --- | | 29% or less participation | 1/2 of 1% on the State's unpaid principal balance. | | 30% to 39% participation | 3/4 of 1% on the State's unpaid principal balance. | | 40% or more participation | 1% on the State's unpaid principal balance. |

(c) Where all or any portion of a participating loan is to be used to refinance existing loans from participating lenders, the State's share of the amount to be refinanced shall not exceed fifty per cent. In a situation where it is in the best interest of the State as determined by the department, the chairperson may waive this restriction.

History

[Eff 1/31/85; comp 9/20/86] (Auth: HRS § 155-4) (Imp: HRS §§ 155-4, 155-6)

Haw. Code R. § 4-8-11 Repayment term of loan

The department shall determine the repayment term of the loan based on factors such as the loan's purpose, the useful life of the items being financed, the applicant's repayment ability, and the financial condition of the applicant.

History

[Eff 1/31/85; comp 9/20/86] (Auth: §HRS § 155-4) (Imp: HRS §§ 155-13)

Haw. Code R. § 4-8-12 Interest rates

The date of loan approval by the chairperson or the board of agriculture shall be used in determining the applicable interest rate for a similar type loan made by the appropriate farm credit bank.

History

[Eff 1/31/85; comp 9/20/86] (Auth: HRS § 155-4) (Imp: HRS § 155-8)

Haw. Code R. § 4-8-13 Collateral

(a) Adequacy of collateral shall be determined by the department. For purposes of land purchase and improvements, the department shall require a real estate mortgage recordable at the bureau of conveyances or the land court of the State of Hawaii. A non-farm recordable real estate mortgage with adequate value may be substituted, at the department's discretion. Chattels, using a security agreement and a financing statement, shall be used as primary collateral for farm operating loans.

(b) Where it is determined by the department that there is adequate collateral but questionable repayment history, limited life on security such as crops and livestock, or where the borrower has outstanding loan from several sources, a third or fourth mortgage may be taken as additional collateral to secure the loan. But in no event shall a third or fourth mortgage be the primary collateral.

(c) The department may require an appraisal for real estate and improvements. Whenever practicable, an independent appraiser shall be utilized. The applicant shall be responsible for hiring an independent appraiser at the applicant's own expense, and the applicant shall pay for all costs incurred in the appraisal.

(d) Appraisals made by bank, farmers home administration, and other mortgage lenders may be accepted.

(e) Loan officers may appraise chattels, crops, and other assets.

(f) In the event of a dispute, a second appraisal shall be required.

History

[Eff 1/31/85; comp 9/20/86] (Auth: HRS § 155-4) (Imp: HRS §§ 155-10, 155-11)

Haw. Code R. § 4-8-14 Equity contribution

(a) The department may require a reasonable cash contribution from an applicant to purchase equipment or other capital items or to complete the project. The department may modify the repayment term based on the amount of applicant's equity contribution.

(b) Cash, real property, farm equipment, crops, and other assets which contribute significantly toward the project may be accepted as equity contribution. The division shall determine whether non-cash equity contribution contributes significantly toward the project.

History

[Eff 1/31/85; comp 9/20/86] (Auth: HRS § 155-4) (Imp: HRS §§ 155-10, 155-11)

Haw. Code R. § 4-8-15 Emergency loans

The board may implement an emergency loan program under the following circumstances:

(1) The emergency shall involve significant economic loss of an agricultural commodity or significant damage to agriculture in a county or an island;

(2) Loans are not available from any other agency of the state, federal, or county governments, and private lenders are unwilling to lend under emergency conditions; and

(3) The governor has proclaimed an emergency.

History

[Eff 1/31/85; comp 9/20/86] (Auth: HRS § 155-4) (Imp: HRS § 155-9)

Haw. Code R. § 4-8-16 Scope of emergency loans

(a) An emergency loan is intended to allow the applicant to continue farming at a level comparable to the applicant's activities immediately prior to losses from the emergency. Replacements for losses of facility and equipment must contribute significantly to farming and shall be reasonably similar to damaged or loss items.

(b) An emergency loan shall not be provided to:

(1) Establish an applicant in farming nor to expand substantially the operations of the applicant carried on immediately prior to the emergency;

(2) Enable an applicant to reorganize farm or ranching operations; or

(3) An applicant not affected by the emergency.

(c) Since an emergency loan involves higher than normal credit risk, the loan shall be made only where a sound basis for credit exists and if there is reasonable assurance that the loan will be repaid in full.

History

[Eff 1/31/85; comp 9/20/86] (Auth: HRS § 155-4) (Imp: §HRS 155-9)

Haw. Code R. § 4-8-17 Review, analysis, and recommendation

(a) The applicant shall be responsible for completing the application. Information shall be current with necessary supporting documents or exhibits. The loan officer shall inform the applicant of any deficiency.

If the applicant fails to complete the application within a reasonable period of time, the incomplete application may be canceled by the department. The applicant may submit a new application with completed information.

(b) Each application shall be subject to assessment of credit factors such as management ability, credit history, repayment ability, financial position, adequacy of security, and past performance. A loan recommended for approval by the loan officer may include approval conditions, and shall be submitted to the division head for review.

(c) The division head shall review each application for compliance with this chapter and chapter 155, Hawaii Revised Statutes.

(d) A loan application recommended for approval by the division head shall be submitted to the chairperson for approval by the board only if there are funds available. Should it become necessary because of a scarcity of funds to restrict loan activities, the first priority shall be given to participating loans.

(e) The board may approve or disapprove a submitted application and may modify or add to its approval conditions. The chairperson may approve or disapprove a submitted application and may modify or add to its approval conditions, where the requested amount plus any principal balance on existing loans to the applicant, does not exceed $25,000 of State funds.

History

[Eff 1/31/86; comp 9/20/86] (Auth: HRS §§ 155-4) (Imp: HRS §§ 155-4)

Haw. Code R. § 4-8-18 Loan closing

(a) The applicant whose loan has been approved shall be responsible for:

(1) Providing necessary documents, such as assignment of insurance, and compliance with the loan approval conditions;

(2) Providing the department with a preliminary report and a certificate of title, lien letter, or title insurance covering the real property being used as security showing lien position as approved by the board. A title company or escrow company shall be utilized, whenever applicable, and the applicant shall be responsible for the costs;

(3) Hiring an attorney at the applicant's own expense to draft the real estate mortgage (in fee or leasehold) and other documents, as required. Mortgages shall be submitted to the department of the attorney general for review and approval as to form; and

(4) Paying for the actual costs incurred in closing the loan, such as appraisals, lien searches, title searches, document preparation, and any work in connection with the loan that is outside the department's scope of activities.

(b) Direct loans shall be closed by the division staff. The borrower shall execute documents before a notary public where required. Execution of other documents shall be acknowledged by the loan officer.

(c) The applicable approval conditions of the loan shall be met to the satisfaction of the department. The borrower is responsible for compliance with the approval conditions.

(d) The private lender shall be responsible for closing participating and insured loans.

History

[Eff 1/31/85; comp 9/20/86] (Auth: HRS § 155-4) (Imp: HRS §§ 155-4, 155-11, 155-12)

Haw. Code R. § 4-8-19 Disbursement of loan funds

(a) Loan funds shall be disbursed only after the lien instruments have been recorded at the bureau on conveyances of the State of Hawaii.

(b) The request for funds shall be initiated by the borrower and is subject to approval by the loan officer.

(c) Disbursements shall be made according to approved loan purpose. The borrower may request single or multi-disbursements, subject to approval by the loan officer.

(d) For multi-disbursements, loan funds shall be disbursed through a supervised account opened at a bank or a savings and loan institution. A deposit agreement shall be executed by the borrower, the financial institution, and the State.

(e) When disbursement of loan funds involve single or only a few payments that are easily acknowledgeable such as for purchase of land or equipment, direct disbursement can be made to the escrow company or vendor. Acknowledgement shall be required.

(f) Any change in the use of loan funds requires the prior written approval of the department.

(g) The borrower shall provide the division with copies of invoices or statements prior to disbursements.

History

[Eff 1/31/85; am and comp 9/20/86] (Auth: HRS § 155-4) (Imp: HRS §§ 155-4, 155-12)

Subchapter 2 LOAN SERVICING

Haw. Code R. § 4-8-25 Administration

(a) The division shall have the following powers:

(1) To accept and process applications for all types of loan applications as provided in chapter 155, Hawaii Revised Statutes;

(2) To disapprove loan applications in all cases where disapproval is based upon the applicant's inability to meet the requirements, purposes, and policies of the agricultural loan program;

(3) To make personal risk investigations in connection with loan applications;

(4) To close loans and disburse loan proceeds;

(5) To collect amounts due on loans;

(6) To have borrowers maintain insurance policies and coverage in sufficient amounts to protect the State's security interests in the loans;

(7) To determine when to file claim against estates of deceased borrowers and to file proper claims;

(8) To recommend for board action final determination as to foreclosure of direct loans and to determine the date of call in such cases; and

(9) To invest idle funds in time certificates of deposit and other investments authorized by the department of budget and finance;

(b) The chairperson shall have the following powers:

(1) To execute legal documents on the board's behalf after official policy-making determinations have been decided by the board;

(2) To approve applications for release of personal liability;

(3) To approve change in use of loan funds and installment dates, loan transfers, assignment of loans, loan workouts and assumptions, partial releases, and subordinations;

(4) To approve sales of repossessed real estate and chattels, or offers of settlement, purchase of State-owned real estate, or purchase of crops, livestock and other chattels;

(5) To waive and extend loan payments, except in unusual circumstances involving forbearance for specific commodity groups; and

(6) To dispose of insurance proceeds for building, replacement, or repayment on loans, or by release to borrower if for loss of personal property.

History

[Eff 1/31/85; comp 9/20/86] (Auth: HRS § 155-4) (Imp: HRS §§ 155-4, 155-13, 155-14)

Haw. Code R. § 4-8-26 Right to inspect

The division or its authorized representative has the right to inspect, at reasonable hours, the mortgaged property, the farm, the security, crops, livestock, equipment, chattels, the books, and the records of the borrower in connection with the administration of the loan.

History

[Eff 1/31/85; comp 9/20/86] (Auth: HRS § 155-4) (Imp: HRS §§ 155-4, 155-12)

Haw. Code R. § 4-8-27 Borrower's responsibilities

Each borrower or guarantor shall:

(1) Submit to the division an annual financial statement during the life of the loan and interim statements and reports as may be requested by the division;

(2) Comply with the term loan agreement, which may be amended from time to time with approval by the division;

(3) Keep the division informed on any and all changes on security and other major changes in the operation;

(4) Promptly provide information and documents to the division upon request; and

(5) Repay loans made under the agricultural loan program in accordance with the terms of the promissory note.

History

[Eff 1/31/85; comp 9/20/86] (Auth: HRS § 155-4) (Imp: HRS §§ 155-4, 155-12, 155-13)

Haw. Code R. § 4-8-28 Assumption of indebtedness

Assumption of indebtedness may be considered if the person which proposes to assume the indebtedness is eligible under section 155-10, Hawaii Revised Statutes. The maker of the note cannot be released on the assumption of the indebtedness by others.

History

[Eff 1/31/85; comp 9/20/86] (Auth: HRS § 155-4) (Imp: HRS §§ 155-4, 155-10, 155-11)

Haw. Code R. § 4-8-29 Waiver of payment and extension

(a) When inability to meet a scheduled payment is caused by a natural catastrophe, depressed prices, or other external factors beyond the borrower's control, the borrower may request the department for a waiver of payment. In its discretion, the department may grant the waiver. A waiver is normally for a limited period of six months or less at which time the borrower's situation shall be reviewed by the division. The department shall not grant a waiver where reasonable assurance of repayment in the future is lacking, collateral for the loan will be jeopardized, or where the borrower otherwise has not complied with the loan requirements.

(b) Upon request for waiver, the chairperson may grant an extension for more than six months where the division finds that:

(1) The borrower cannot meet payment schedule even after a waiver of six months, because of prolonged natural or economic disaster;

(2) The borrower cannot meet more than fifty per cent of its annual payment; and

(3) The borrower would require a period of one year or longer to recover from the effects of depressed prices, natural catastrophe, or other external factors beyond borrower's control.

(1) The borrower shall agree to special conditions with regard to extension.

(2) The interest on the borrower's existing loans from the department shall be brought to current status.

(3) The borrower shall make monthly payments on the existing loans from the department through an assignment of income.

(4) There shall be a year end analysis and review of the borrower's financial status.

History

[Eff 1/31/85; comp 9/20/86] (Auth: HRS § 155-4) (Imp: HRS §§ 155-4, 155-13)

Haw. Code R. § 4-8-30 Subordination and partial release

(a) A direct loan borrower may apply to the division for a subordination or partial release of collateral. The division will review such requests on a case-by-case basis.

(b) The chairperson may approve a request for subordination or partial release if the borrower meets any one or more of the following conditions:

(1) The borrower shall reduce its loan balance;

(2) The borrower is current on loan payments and there is sufficient security to cover requests;

(3) The borrower shall add to or substitute the security with other security of better value (especially for borrowers with average or below average performance); and

(4) The borrower shall strengthen the State's security position by assigning payments to the department through a person, a bank, a wholesaler, or a cooperative, and the borrower shall bring all its delinquent loans to current status.

History

[Eff 1/31/85; comp 9/20/86] (Auth: HRS § 155-4) (Imp: HRS § 155-4)

Haw. Code R. § 4-8-31 Application of payment

(a) Refund and canceled undisbursed funds shall be applied to the principal and returned to the loan revolving fund.

(b) The department may apply payment to any loan outstanding in the case of a borrower with multiple loans from the department.

History

[Eff 1/31/85; comp 9/20/86] (Auth: HRS § 155-4) (Imp: HRS §§ 155-4, 155-13)

Haw. Code R. § 4-8-32 Refinancing and consolidation

Refinancing and consolidation may be considered when the loan meets the following criteria:

(1) The loan is delinquent and part of the workout requires a new loan. Refinancing will cure delinquency or improve the cash flow situation, or both;

(2) The borrower's financial condition will be improved; and

(3) The adequacy of the security will be unimpaired or it may be improved.

History

[Eff 1/31/85; comp 9/20/86] (Auth: HRS § 155-4) (Imp: HRS §§ 155-4, 155-13)

Haw. Code R. § 4-8-33 Changes in participating loan

On all participating loans, any request for changes shall be initiated by the private lender, with recommendation for concurrence from the loan officer through the division head and disposition by the chairperson.

History

[Eff 1/31/85; comp 9/20/86] (Auth: HRS §§ 155-4) (Imp: HRS §§§ 155-4, 155-6)

Haw. Code R. § 4-8-34 Default

(a) Default, whether in the payment of any debt or in the performance of any covenant or agreement, shall constitute default under all instruments evidencing a debt from the borrower to the State.

(b) Upon such a default, the State, at its option, may declare all or any part of that indebtedness immediately due and payable.

(c) Failure of the State to exercise this option shall not constitute a waiver of the State's right to exercise the option in the event of any subsequent default.

History

[Eff 1/31/85; comp 9/20/86] (Auth: HRS § 155-4) (Imp: HRS §§ 155-4, 155-12)

Haw. Code R. § 4-8-35 Delinquent and problem loans

The division shall review delinquent and problem accounts to determine whether or not defaults are being satisfactorily resolved, acceptable repayment arrangements are in effect, or if a satisfactory repayment arrangement can be worked out. Any workout repayment plan shall be subject to periodic review, normally every six months. If the division determines that there is no satisfactory workout of a delinquent account or remedies to other defaults, the account shall be referred to the board for appropriate action. The board may refer the delinquent account to the attorney general for appropriate action where:

(1) The borrower has failed to maintain workout arrangements or otherwise remedy defaults; or

(2) Legal action is required to protect the State's interest; or

(3) The division's security position is threatened by the borrower or by the actions of the borrower's other creditors or vendors; or

(4) There is no financial or other remedy to solve the borrower's breach or default.

History

[Eff 1/31/85; comp 9/20/86] (Auth: HRS § 155-4) (Imp: HRS §§ 155-4, 155-12)

Haw. Code R. § 4-8-36 Attorney general accounts

(a) The attorney general may act on behalf of the department to protect its interest in security for loans provided to borrowers and to otherwise pursue legal measures to effect collection on delinquent accounts.

(b) The attorney general shall provide the board with timely reports on the status of delinquent accounts.

History

[Eff 1/31/85; comp 9/20/86] (Auth: HRS § 155-4) (Imp: HRS §§ 155-4, 155-12)

Haw. Code R. § 4-8-37 Loans paid in full

Upon payment in full, the collateral shall be released by the department through its chairperson unless the collateral is pledged to secure another debt to the State or department.

History

[Eff 1/31/85; comp 9/20/86] (Auth: HRS § 155-4) (Imp: HRS §§ 155-4, 155-11)

Subchapter 3 NORTH KOHALA LOAN AND GRANT PROGRAM LOAN SERVICING

Haw. Code R. § 4-8-43 Administration

Responsibility for the administration of the North Kohala loan and grant program shall be placed within the department of agriculture.

History

[Eff and comp 9/20/86] (Auth: SLH 1972, Act 197, §3) (Imp: SLH 1972, Act 197, §3)

Haw. Code R. § 4-8-44 Right to inspect

The department or its authorized representative shall have the right to inspect, at reasonable hours, the physical facilities, the books and records of the borrower in connection with the administration of the loan under the North Kohala loan and grant program.

History

[Eff and comp 9/20/86] (Auth: SLH 1972, Act 197, §3) (Imp: SLH 1972, Act 197, §3)

Haw. Code R. § 4-8-45 Borrower's responsibilities

The borrower or guarantor shall:

(1) Submit to the department an annual financial statement during the life of the loan and such interim statements and reports as may be requested by the department;

(2) Comply with the term loan agreement, which may be amended from time to time with approval by the department and concurred by the authorized representative of the county of Hawaii;

(3) Keep the department informed on any and all changes concerning security and other major changes in the operation;

(4) Promptly provide information and documents to the department upon request; and

(5) Repay loans made under the North Kohala loan and grant program in accordance with the terms of the promissory note.

History

[Eff and comp 9/20/86] (Auth: SLH 1972, Act 197, §3) (Imp: SLH 1972, Act 197, §3)

Haw. Code R. § 4-8-46 Repayment

(a) Loans made shall be repaid in accordance with the terms of the note and payments shall be applied first to interest then to principal.

(b) The department shall transmit repayments to the State and County of Hawaii in accordance with appropriate contractual agreements.

(c) Additional payments in any sums, or the payment of the entire principal may be made at any date within the time period of the loan without penalty.

History

[Eff and comp 9/20/86] (Auth: SLH 1972, Act 197, §3) (Imp: SLH 1972, Act 197, §3)

Haw. Code R. § 4-8-47 Waiver of payment and extension

(a) The department, with the concurrence of the county of Hawaii, may defer payment of the installments of principal for a period not to exceed two years.

(b) The borrower shall agree to keep interest payments current.

History

[Eff and comp 9/20/86] (Auth: SLH 1972, Act 197, §3) (Imp: SLH 1972, Act 197, §3)

Haw. Code R. § 4-8-48 Refinancing

The department may require the borrower to refinance the balance owed on any direct loan as soon as the borrower is able to obtain credit from other sources at standard rates and terms.

History

[Eff and comp 9/20/86] (Auth: SLH 1972, Act 197, §3) (Imp: SLH 1972, Act 197, §3)

Chapter 9 THE AQUACULTURE LOAN PROGRAM

Haw. Code R. § 4-9-1 Rules

This chapter shall govern the procedures of the department of agriculture relative to loans and the administration of loans to qualified aquaculturalists.

History

[Eff 9/28/81] (Auth: HRS § 219-5) (Imp: HRS § 219-5)

Haw. Code R. § 4-9-2 Purpose and intent of the program

(a) The purpose of the program is to financially assist in the development of aquaculture through the making of loans to qualified applicants.

(b) The intent of the program is to further the development of aquaculture in the state.

History

[Eff 9/28/81] (Auth: HRS § 219-5) (Imp: HRS § 219-5)

Haw. Code R. § 4-9-3 Definitions

Whenever used in this chapter:

"Bank of the farm credit system" means either the production credit association of hawaii, the federal land bank association of hawaii, or the sacramento bank for cooperatives;

"Department" means the department of agriculture of the state of Hawaii;

"Division" means the agricultural loan division of the department of agriculture; and

"Private lender" includes commercial banks, credit unions, savings and loan associations, mortgage companies, and other qualified companies whose business includes the making of aquacultural loans in the state.

History

[Eff 9/28/81] (Auth: HRS § 219-5) (Imp: HRS § 219-2)

Haw. Code R. § 4-9-4 Loan; eligibility

An applicant for an aquaculture loan shall be:

(1) A qualified aquaculturalist;

(2) A sound credit risk with ability to repay the money borrowed;

(3) Willing to carry out recommended aquacultural management practices;

(4) An adult resident of the State of Hawaii;

(5) A corporation or aquacultural cooperative licensed to do business in Hawaii; or a partnership in which at least one partner is an adult resident of the State of Hawaii; and

(6) Able to produce satisfactory credit references.

History

[Eff 9/28/81] (Auth: HRS § 219-5) (Imp: HRS §§ 219-2, 219-6)

Haw. Code R. § 4-9-5 Restrictions

(a) No loan shall be made for the production of any aquacultural product for the purpose of selling or keeping of such animals as pets.

(b) No loan shall be made unless the applicant has been unable to secure loans at reasonable rates and terms from:

(1) A private lender; and

(2) A respective bank of the farm credit system; or

(3) The farmers home administration.

(c) The aggregate amount of the state's liability, contingent or otherwise, on insured loans made to qualified aquaculturalists by private lenders, banks of the farm credit system, and the farmers home administration shall not exceed limits set by statutes.

(d) No real estate loans shall be made on unsurveyed lands.

History

[Eff 9/28/81] (Auth: HRS § 219-5) (Imp: HRS § 219-6)

Haw. Code R. § 4-9-6 Application procedure

(a) Any qualified aquaculturalist who meets the eligibility requirements may apply for an aquaculture loan with the division.

(b) Applications shall be made on prescribed forms available at department offices.

(c) Applications for loans shall contain financial statements, projections on income and expenses, and other instruments as may be required by the division.

(d) Prior to awarding a loan, the division shall cause title to real property to be examined and have executed a note and mortgage. The applicant shall pay the necessary costs involved, including but not limited to costs for appraisal reports, preparation of security instruments, and title searches.

History

[Eff 9/28/81] (Auth: HRS § 219-5) (Imp: HRS § 219-6)

Haw. Code R. § 4-9-7 Conditions

(a) Every borrower who is granted a loan shall comply with the following conditions:

(1) Expend no portion of his loan for purposes other than those sanctioned by the department;

(2) Carry out recommended management practices, including the keeping of proper records;

(3) Not sell or otherwise dispose of the mortgaged property except on written consent of the department and except upon such conditions as may be prescribed in writing by the department.

(4) Undertake to pay, when due, all taxes, liens, judgments, or assessments which may be lawfully assessed against the mortgaged property, together with the costs and expense of any foreclosure of the mortgaged property;

(5) Keep insured to the satisfaction of the department all buildings and other insurable property covered by the mortgage. Insurance shall be made payable to the mortgagee as its interest may appear at the time of the loss. At the option of the lender, and subject to the general regulations of the department, sums so received may be used to pay for reconstruction of the buildings destroyed, or for decreasing the amount of the indebtedness; and

(6) Keep buildings and equipment in good repair, provide proper care for improvements, stock and implements, keep land free from noxious weeds, and practice a good system of husbandry.

(b) If the borrower is in default in respect to the above conditions, or any other conditions, or any other condition or covenant of the mortgage, the whole of the loan shall, at the option of the lender become due and payable forthwith. The lender may, with or without notice, take possession of the mortgaged property pending a foreclosure and may carry on aquacultural pursuits upon the mortgaged premises, expending all reasonable sums therefor. Such sums shall be a lien on the mortgaged premises and be recoverable in any foreclosure proceedings or otherwise. The lender may foreclose the mortgage by any method provided for by law.

History

[Eff 9/28/81] (Auth: HRS § 219-5) (Imp: HRS § 219-5, 6, 7, 8; HRS § 219-6)

Haw. Code R. § 4-9-8 Security for loans

(a) For purposes of class "A" and class "C" facility loans, no loan shall exceed eighty five per cent of the value of the security offered; for purposes of class "B" loans and class "C" operating loans, the ratio of loan to the value of the security offered shall be discretionary with the department.

(b) All security instruments for the purposes of direct loans shall be executed to and by the department; for purposes of insured loans all security instruments shall be executed to and by the private lenders; for purposes of participating loans all security instruments shall be executed to and by the department and the private lender jointly.

(c) In case of the sale or transfer of mortgaged land or other collateral, the department may permit the item to be assumed under the following conditions:

(1) Where the purchaser is a qualified aquaculturalist; or

(2) Where the purchaser may not be a qualified aquaculturalist when the sale has been advertised for a reasonable period of time and no qualified aquaculturalist is willing to purchase the farm or item; or

(3) Where the purchaser continues aquaculture operations and complies with conditions as set forth in chapter 219, HRS, and rules as prescribed herein.

(d) In case of the death of the borrower, a legal heir or legal representative shall have the option within six months of the death to assume the mortgage of the deceased. The department or its agents may, pending the exercise of the option and pending possession being taken by the heirs or representatives, take possession of all mortgaged property and carry on the aquacultural operation connected therewith, and the expense of the same shall be added to the principal due on the mortgage to bear interest at the applicable rate.

(e) If a loan is approved by the board, the division shall cause the title to real property to be examined and a mortgage drawn and recorded. The applicant shall pay the actual costs involved.

Mortgages, title insurance, notes, security and financing statements shall be used as security instruments as applicable collateral.

History

[Eff 9/28/81] (Auth: HRS § 219-5) (Imp: HRS § 219-5, 7, 8)

Haw. Code R. § 4-9-9 Interest rate

(a) The interest rate charged by the state shall be at five per cent simple interest per annum.

(b) All loans shall bear simple interest on the unpaid principal balance, charged on the actual amount disbursed to the borrower.

History

[Eff 9/28/81] (Auth: HRS § 219-5) (Imp: HRS § 219-5, 7, 8)

Haw. Code R. § 4-9-10 Disbursements

(a) Disbursement shall be made only after proper documentation, recordation, and filing at the bureau of conveyances is completed.

(b) Disbursement of loan funds shall require approval of the division.

(c) Loan funds shall be disbursed through deposit in a special supervised account, in the borrower's bank of account, or the bank of his choice except in special single disbursement or through escrow.

History

[Eff 9/28/81] (Auth: HRS § 219-5) (Imp: HRS § 219-4, 5, 7, 8)

Haw. Code R. § 4-9-11 Repayment; refinancing

(a) Loans made under this chapter shall be repaid in accordance with terms of the note and payments shall be applied first to interest and then to principal.

(b) Additional payments in any sum, or the payment of the entire principal may be made at any date within the time period of the loan.

(c) The board may, for satisfactory cause and at its discretion, extend the time within which the installments of principal may be paid for a period not to exceed five years subject to the following conditions:

(1) Payments may be waived by the chairman, upon written request showing good cause;

(2) Interest payments shall be kept current; and

(3) For loans used for products requiring eighteen months or more before first harvest, the department may defer the first payment of principal until the first harvest or for a period not to exceed two years, whichever occurs first.

(d) The borrower shall refinance the balance owed on any loan as soon as he is able to obtain credit from other sources at reasonable rates and terms.

(e) All payments due the state shall be remitted to the State of Hawaii, and can be paid at any agricultural loan division office in the state.

History

[Eff 9/28/81] (Auth: HRS § 219-5) (Imp: HRS § 210-4, 5, 7, 8)

Haw. Code R. § 4-9-12 Appraisals

(a) The administration of the loan appraisal shall be the responsibility of the division:

(1) Whenever practicable, independent appraisers shall be utilized; and

(2) The applicant shall order and pay for all costs made by independent appraisers.

(b) Appraisals made by bank, farmers home administration, and other mortgage lenders may be accepted.

History

[Eff 9/28/81] (Auth: HRS § 219-5) (Imp: HRS § 219-5, 6, 7, 8)

Haw. Code R. § 4-9-13 Administration

(a) Responsibility for the administration of the aquaculture loan program shall be placed within the agricultural loan division.

(b) Each borrower shall submit to the department an annual financial statement during the life of the loan and such interim statements and reports as may be requested by the department.

History

[Eff 9/28/81] (Auth: HRS § 219-5) (Imp: HRS § 219-3)

Subtitle 3 DIVISION OF ANIMAL INDUSTRY

Chapter 16 CATTLE, BISON, WATER BUFFALO, CAMELIDS, SHEEP, AND GOATS

Subchapter 1 GENERAL PROVISIONS

Haw. Code R. § 4-16-1 Objective

The objective of this chapter is to prevent the introduction of pests and diseases of cattle, sheep, goats, bison, water buffalo and camelids into the State, and to control diseases of these species found in the state.

History

[Eff. 10/5/81] (Auth: HRS § 142-2) (Imp: HRS § 142-3)

Haw. Code R. § 4-16-2 Construction of rules

This chapter shall be construed to effectuate the purposes of chapter 142, Hawaii Revised Statutes.

History

[Eff. 10/5/81] (Auth: HRS § 142-2) (Imp: HRS § 142-3)

Haw. Code R. § 4-16-3 Subchapters

(a) Each subchapter sets forth special rules applicable to the type of proceeding described in the caption.

(b) This subchapter sets forth general rules applicable to proceedings governing cattle, bison, water buffalo, camelids, sheep, and goats.

History

[Eff. 10/5/81] (Auth: HRS § 142-2) (Imp: HRS § 142-3)

Haw. Code R. § 4-16-4 Definitions

As used in this chapter, unless context otherwise requires:

"Accredited veterinarian" means a veterinarian certified by federal and state animal health authorities to participate in cooperative disease control activities, including execution of health certificates for the interstate and international movement of animals.

"Animals" includes wild animals, feral animals, domestic animals, aquaculture animals, poultry, birds, and hatching eggs.

"APHIS" means Animal and Plant Health Inspection Service of the United States Department of Agriculture.

"Approved disinfectant" means a germicidal agent approved for use in a specific state-federal animal disease control and eradication program.

"Approved pesticide" means a chemical agent approved for use against external parasites.

"Board" means the state board of agriculture.

"Carrier" means any person or company engaged in the activity of transporting animals, by land, sea, or air including any ship, vessel, airplane, or other conveyance used to transport animals; or its master, commanding officer, owner, local manager, broker or agent.

"Certificate of veterinary inspection" or "CVI" means an official state or federal certificate issued by an accredited veterinarian or state or federal veterinary officer providing all information and test results required for animals to enter Hawaii, to move interstate and certifying that the animals being transported are free of symptoms of transmissible disease.

"Chairperson" means the chairperson of the state board of agriculture.

"Contact" means any physical union or touching-between animals.

"Department" means the state department of agriculture.

"Division" means the division of animal industry, department of agriculture.

"Division head" means the administrator of the division of animal industry.

"Domestic animals" includes horses, mules, asses, cattle, sheep, goats, swine, dogs, cats, poultry, rabbits, llamas and alpacas, including camelid, maintained in the domestic state; includes poultry and hatching eggs.

"Effects" includes ropes, halters, harnesses, buckets, stalls, crates, pens, stables, feed, feed bags, and other equipment used to handle, confine, maintain, or transport animals.

"Entry" means the release of animals into the State after completion of all requirements set forth in this chapter.

"Health certificate" means an official document in English, issued by an accredited veterinarian certifying that the animals being shipped are free from external parasites and symptoms of transmissible disease and providing all other information and test results required for acceptance by the State, also known as "Certificate of Veterinary Inspection".

"Hold order" means an order issued by the state veterinarian restricting the movement of all animals, effects, and implements at a premise undergoing a disease investigation, for a maximum period of ninety days for each hold order issued.

"Inspector" means a veterinarian, livestock inspector, or any officer or employee of the department of agriculture or USDA, authorized or designated by the state veterinarian to enforce the provisions of this chapter.

"Official vaccinate" means a female bovine animal that has been vaccinated with an approved brucellosis vaccine and identified with the required tattoo and official identification.

"Polymerase Chain Reaction" or "PCR" means a laboratory test to detect genetic material from a specific organism, such as a virus and protozoa.

"Premise" means a property, including any structure on it.

"Quarantine" means the secure isolation and confinement of animals on a premise or premises, or in an area designated by the state veterinarian. No animal may be removed from or added to these premises or areas except as permitted by the state veterinarian.

"Shipmaster's declaration" means an official state form that shall be completed and submitted by a carrier and provides information on animals transported including the name of the importer.

"State veterinarian" means the veterinary program administrator of animal industry division, department of agriculture.

"Transmissible disease" means any contagious, infectious, or communicable disease of animals.

"Vaccine" means a biological agent composed of live, attenuated, genetically modified, or killed microorganisms such as bacteria and viruses, or their DNA or RNA used for the prevention or treatment of diseases.

History

[Eff. 10/5/81] (Auth: HRS § 142-2) (Imp: HRS § 142-3)

Haw. Code R. § 4-16-5 Quarantine-general

(a) The department is authorized to place a quarantine on any animal, herd, population of animals, premises, district, or island whenever in its opinion such action is necessary to prevent the spread of a transmissible disease.

(b) No animals shall be removed from or be added to such herds, premises, or areas except by permit from the department.

History

[Eff. 10/5/81] (Auth: HRS § 142-2) (Imp: HRS §§ 142-6 and 142-9)

Haw. Code R. § 4-16-6 Quarantine area-feedlot

(a) All commercial feed yards which receive and feed animals from more than one herd are hereby declared quarantine zones.

(b) No animals shall be moved from these quarantine areas except to a licensed slaughterhouse or another commercial feedlot.

History

[Eff. 10/5/81] (Auth: HRS § 142-2) (Imp: HRS § 142-3)

Haw. Code R. § 4-16-7 Quarantine area-slaughterhouse

(a) All pens on slaughterhouse premises are hereby declared quarantine zones.

(b) Animals taken to these pens shall remain there until slaughtered, except that they may be removed only when under permit issued by the division.

History

[Eff. 10/5/81] (Auth: HRS § 142-2) (Imp: HRS § 142-3)

Haw. Code R. § 4-16-8 Regulatory jurisdiction on importations

(a) Importations of cattle, bison, water buffalo, camelids, sheep, and goats from areas under the jurisdiction and control of the United States are subject to the rules of the department.

(b) Importations of cattle, bison, water buffalo, camelids, sheep, and goats from foreign countries, besides complying with department requirements, shall not violate any federal regulations.

History

[Eff. 10/5/81] (Auth: HRS § 142-2) (Imp: HRS §§ 142-4, 142-5, and 142-8)

Haw. Code R. § 4-16-9 Entry status on imports

No cattle, bison, camelids, water buffalo, sheep, or goats shall be transported to the State or allowed entry into the State unless accompanied by a valid import permit issued by the division before arrival, a valid certificate of veterinary inspection and all pre-entry and entry requirements have been met. Bison and water buffalo in addition to being issued a pre-arrival import permit by the division shall also be required to obtain a permit to possess issued by the Hawaii Board of Agriculture through the department's Plant Quarantine Branch prior to importation. Landing or removal of animals from a carrier for purposes of inspection or quarantine shall not constitute entry into the State for any purpose whatsoever. No effects of animals, likewise, shall be brought into the State unless so authorized by an inspector of the division of animal industry or USDA.

History

[Eff. 10/5/81] (Auth: HRS § 142-2) (Imp: HRS §§ 142-4 and 142-5)

Haw. Code R. § 4-16-10 Ports of entry

(a) Cattle, bison, and water buffalo shall enter through a port or airport on the islands of Oahu, Hawaii or Maui where permanent state livestock quarantine facilities are provided. Cattle, bison, and water buffalo may also enter through other ports in the State if adequate temporary quarantine facilities are made available by the importer and approved in writing by the division.

(b) Sheep, goats, and camelids shall enter through any official port or airport in the State with prior approval from the division.

History

[Eff. 10/5/81] (Auth: HRS § 142-2) (Imp: HRS §§ 142-3, 142-4, and 142-5)

Haw. Code R. § 4-16-11 Carrier responsibility

(a) Carriers transporting cattle, bison, water buffalo, camelids, sheep, or goats interstate or intrastate through or from any port or airport in the State or landing these animals at any port or airport within the State shall, immediately on arrival, submit a shipmaster's declaration to the department providing the following information:

(1) Name and address of owner, importer, consignor, consignee, and port of origin of the animals;

(2) Number of animals on board, including those born en route; and

(3) Number of animals which have died or have been injured en route, with the circumstances of the deaths or injuries.

(b) Carriers shall be responsible for securely confining cattle, bison, water buffalo, camelids, sheep, or goats for entry into the State at the pier or airport until movement is authorized by an inspector. Cattle, bison, water buffalo, camelids, sheep, or goats in transit to ports beyond Hawaii shall not be off-loaded for any purpose unless authorized by the state veterinarian or designated agent.

(c) Carriers shall ensure that cattle, bison, water buffalo, camelids, sheep, and goats are provided adequate ventilation. Animals shall not be stowed during transportation or staged prior or subsequent to transportation in a manner that prevents natural ventilation.

(d) Carriers transporting animals into the state shall not off-load and dispose of manure except under the supervision of an inspector.

(e) Ocean carriers for the intrastate movement of livestock shall ensure that the Interisland Livestock Shipping Standards by species, attached as Exhibit A are followed.

(f) It shall be the responsibility of the carrier, owner, or stock tender of livestock being transported interstate and intrastate to provide provisions for the livestock during transport and not allow livestock to go without feed or water for more than 24 hours while in transport.

(g) Ocean carriers, barring harbor logistical limitations, shall implement loading and unloading practices that strive to ensure animals are the last on and first off a docked vessel. Carriers shall restrict animals from being loaded into locations that produce excessive heat, have restricted ventilation or are placed in locations that may flood containers with ocean water. Carriers shall ensure that livestock staging areas within harbors have access to clean water and adequate ventilation.

(h) No animal shall be transported via ocean vessel that is injured, ill, has unhealed wounds or is unable to bear weight on all four limbs; is blind in both eyes; is likely to give birth during transport or has given birth in the past 48 hours and traveling without their offspring; or is not weaned and traveling separate from the mother. Aggressive animals shall be transported separately.

History

[Eff. 10/5/81] (Auth: HRS § 142-2) (Imp: HRS §§ 142-3, 142-4, 142-5 and 142-8)

Haw. Code R. § 4-16-12 Use of quarantine station facilities

(a) Owners of cattle, bison, water buffalo, camelids, sheep, or goats held at an official or authorized quarantine facility for any reason shall:

(1) Provide feed and care for stock;

(2) Clean pens after removal of the animals; and

(3) Promptly remove any dead animals from the quarantine station grounds when directed to do so by the state veterinarian.

(b) If, for any reason, the owners fail to fulfill the requirements in subsection (a), the state may assume these responsibilities, and all costs involved shall be charged to the owner.

History

[Eff. 10/5/81] (Auth: HRS § 142-2) (Imp: HRS §§ 142-3 and 142-6)

Haw. Code R. § 4-16-13 Regulatory jurisdiction on exports

(a) Shipments to other U.S. areas shall comply with entry requirements of the state of destination.

(b) Shipments outside the U.S. are under federal jurisdiction.

(c) Hawaii certificates of veterinary inspection, issued by accredited veterinarians for the interstate movement of livestock, shall be submitted to the division for review within seven (7) days of being issued.

History

[Eff. 10/5/81] (Auth: HRS § 142-2) (Imp: HRS § 142-3)

Subchapter 2 CATTLE, BISON, WATER BUFFALO

Haw. Code R. § 4-16-14 Scope

(a) This subchapter governs special rules pertaining to importation of cattle, bison, or water buffalo into the State.

(b) Applicable general provision rules in subchapter 1 should be read in conjunction with this subchapter.

(c) In any conflict between a special rule in this subchapter and a general provision rule in subchapter 1, the special rule shall govern.

History

[Eff. 10/5/81] (Auth: HRS § 142-2) (Imp: HRS § 142-3)

Haw. Code R. § 4-16-15 Pre-shipment entry requirements

(a) Cattle, bison, and water buffalo for entry shall possess a valid import permit issued by the division prior to importation.

(b) Cattle, bison, and water buffalo for entry shall possess a certificate of veterinary inspection issued by an accredited veterinarian, or a state or federal veterinary officer, within ten days before shipping to the state. The certificate of veterinary inspection shall contain a description of each animal, including age, sex, breed, and either an official eartag number, or official identification and shall certify that the animals described:

(1) Are free from external parasites and symptoms of transmissible diseases and have not had recent exposure to these diseases;

(2) Have originated in a herd that is not under quarantine for any reason;

(3) Are negative to an intradermal tuberculin test conducted by a state, federal, or accredited veterinarian within thirty days before shipment;

(4) Have been tested by a state, federal, or accredited veterinarian and found to be negative to an official test for brucellosis performed in a USDA-approved laboratory within thirty days before shipment;

(5) Have been tested by a state, federal, or accredited veterinarian and found to be free of anaplasmosis by an ELISA test performed in a state or federal approved laboratory within thirty days before shipment;

(6) All non-virgin bulls and all bulls eighteen months of age and older shall be tested negative to a PCR test for trichomoniasis within thirty days before shipment. Pooled samples from up to five bulls may be tested at diagnostic laboratories that approve pooled PCR testing. Tested bulls shall remain separate from female cattle over six months of age prior to ten days before testing and until arrival in Hawaii; and

(7) Have been dipped or completely sprayed under the supervision of a state, federal, or accredited veterinarian with an EPA approved pesticide to kill ticks on cattle within seven days before shipping to Hawaii.

(c) Official laboratory test charts for all required pre-entry testing shall be attached to the certificate of veterinary inspection.

History

[Eff. 10/5/81] (Auth: HRS §§ 142-2) (Imp: §§ 142-3 and 142-4)

Haw. Code R. § 4-16-16 Post-shipment entry requirements

(a) Cattle for entry shall be transported to and held in the quarantine station or a quarantine site approved by the division to be inspected and tested for any transmissible disease that the state veterinarian may require. While in quarantine, animals shall be sprayed or dipped with an EPA approved pesticide approved by the state veterinarian. The cattle, bison, and water buffalo may be refused entry or quarantined for any deficiency in the certificate of veterinary inspection for the shipment or signs of disease.

(b) Cattle, bison, and water buffalo found to be negative to test requirements, free of external parasites, and show no signs of transmissible diseases may be released from the quarantine station or approved quarantine site under quarantine at premises approved by the state veterinarian, during which time they shall be retested for tuberculosis, brucellosis, anaplasmosis and other diseases required by the state veterinarian sixty to ninety days after arriving in the State. The owner, importer, or consignee shall furnish the inspector with information on where each animal in the shipment will be held.

(c) All expenses in connection with the examination, testing, treating, or destruction and disposal of cattle, bison, and water buffalo while in quarantine, shall be borne by the owner, importer, or consignee.

(d) No indemnity shall be paid for reactors found on entry testing.

History

[Eff. 10/5/81] (Auth: HRS § 142-2) (Imp: HRS § 142-4)

Haw. Code R. § 4-16-17 Anaplasmosis surveillance, control and eradication

(a) Upon direction of the state veterinarian, blood samples shall be collected at slaughter from all cattle two years of age and older and shall be forwarded to the veterinary laboratory of the division for anaplasmosis testing.

(b) When reactors are found in tests conducted under subsection (a), the entire herd shall be quarantined and retested for anaplasmosis. The herd shall remain under quarantine and be retested at sixty to ninety-day intervals until two consecutive negative tests have been obtained.

(c) All testing of cattle in compliance with requirements shall be done in a safe manner. Cattle shall be stanchioned or otherwise securely restrained to the satisfaction of the veterinarian conducting the test.

(d) All positive reactors to the anaplasmosis test shall be identified with a reactor tag affixed to the left ear by the state veterinarian or designee. All reactors shall be slaughtered under permit issued by the state veterinarian within thirty days after official notification In writing of the reaction. The owner shall give advance notice to the state veterinarian of the time and place of slaughter of the reactors.

(e) All cattle slaughtered as Identified positive reactors to the anaplasmosls test shall be appraised prior to slaughter and the owner Indemnified In accordance with the provisions of section 142-22, Hawaii Revised Statutes.

(f) No Indemnity shall be paid when the owner does not comply with all rules and Instructions Issued by the division pertaining to the control and eradication of anaplasmosls.

History

[Eff. 10/5/81] (Auth: HRS § 142-2) (Imp: HRS §§ 142-3, 142-6, 142-9 and 142-22)

Haw. Code R. § 4-16-18 Brucellosis surveillance, control, and eradication

(a) Upon direction of the state veterinarian, blood samples shall be collected at slaughter from all cattle two years age and older and forwarded to the veterinary laboratory of the department for brucellosis testing.

(b) Upon direction of the state veterinarian, samples of milk produced In licensed dairies shall be collected and forwarded to the veterinary laboratory for brucellosis testing as often as deemed necessary by the state or federal veterinarian to maintain surveillance of brucella Infection within the herd.

(c) Whenever laboratory test results Indicate Infection, the herd of origin shall be quarantined and tested within thirty days following official notification of the Infection.

(d) When reactors are found In tests conducted under subsection (a), the entire herd shall be quarantined and subject to the conditions required In the current USDA APHIS Uniform Methods and Rules for the Eradication of Brucellosis, until eligible for release from quarantine.

(e) All testing of cattle in compliance with requirements of this section shall be done in a safe manner. Cattle shall be stanchioned or otherwise securely restrained to the satisfaction of the veterinarian conducting the test.

(f) All reactors to the brucellosis test shall be identified with a reactor tag affixed to the left ear by the state veterinarian or designee. All reactors shall be slaughtered under direction of the state veterinarian within fifteen days after official notification in writing of the reaction. The owner shall give advance notice to the state veterinarian of the time and place of slaughter of the reactors.

(g) All cattle slaughtered as identified reactors to the brucellosis test shall be appraised prior to slaughter and the owner shall be indemnified in accordance with the provisions of Title 9 of the Code of Federal Regulations.

(h) No indemnity shall be paid unless the owner has complied with all rules and instructions issued by the division pertaining to the control and eradication of brucellosis.

History

[Eff. 10/5/81] (Auth: HRS § 142-2) (Imp: HRS §§ 142-3, 142-6, 142-9, and 142-23)

Haw. Code R. § 4-16-19 Control of vaccination for Brucellosis

(a) Approval from the division is required for sale and distribution of brucellosis vaccine.

(b) Each animal vaccinated shall be permanently identified as required by the USDA APHIS Uniform Methods and Rules for the Eradication of Brucellosis.

(c) The division is authorized to rescind approval issued under subsection (a) whenever in its judgment such action is warranted.

History

[Eff. 10/5/81] (Auth: HRS § 142-2) (Imp: HRS §§ 142-3 and 142-6)

Haw. Code R. § 4-16-20 Tuberculosis control and eradication

(a) All herds of cattle in which reactors to the tuberculin test have been found and all herds from which tuberculous animals have been found at slaughter shall be designated as infected herds and shall be quarantined.

(b) All herds of cattle that have been in contact with herds in which tuberculin test reactors or tuberculous animals have been found shall be designated as exposed herds and shall be quarantined.

(c) Owners of herds quarantined under subsection (a) and (b) shall, within thirty days after official notification in writing, implement a program to lift the quarantine through either complete herd depopulation via slaughter or through testing procedures, as prescribed by the state veterinarian.

(d) All testing of cattle for tuberculosis shall be done in a safe manner. Cattle shall be stanchioned or otherwise securely restrained to the satisfaction of the veterinarian conducting the test. The owner of the cattle shall provide all facilities necessary for the safe restraint of the cattle for testing.

(e) All positive reactors to the tuberculosis test shall be identified with an official reactor tag affixed to the left ear by the state veterinarian or designee. All reactors shall be slaughtered within fifteen days after official notification in writing of the reaction. The owner shall give advance notice to the state veterinarian of the time and place of slaughter of the reactors. A Permit for the Movement of Restricted Animals (VS FORM 1-27) shall be issued prior to movement by the State or Federal Veterinarian.

(f) All cattle identified as positive reactors to the tuberculosis test shall be appraised prior to slaughter and the owner shall be indemnified in accordance with the provisions of 9 CFR § 50.3.

(g) No indemnity shall be paid unless the owner has complied with all rules and instructions issued by the division pertaining to the control and eradication of tuberculosis.

(h) Following removal of reactors or depopulation of the herd, the premises shall be cleaned and disinfected within fifteen days, as prescribed in the USDA APHIS Uniform Methods and Rules.

History

[Eff. 10/5/81] (Auth: HRS § 142-2) (Imp: HRS §§ 142-3, 142-6, 142-9, 142-17, 142-18, 142-19, 142-20 and 142-21)

Haw. Code R. § 4-16-20.1 Trichomoniasis control and eradication

(a) All herds of cattle in which reactors to the PCR trichomoniasis test have been found shall be designated as infected herds and shall be quarantined.

(b) All herds of cattle that have been in contact, comingled, or had fence contact with infected herds shall be designated as exposed herds and placed under a hold order until all bulls twelve months and older have been tested negative for Trichomoniasis and any positive bulls are removed under permit from the division for slaughter.

(c) Within sixty days after official notification in writing, owners of herds quarantined or placed on hold orders under subsections (a) and (b) shall test their entire bull battery or slaughter all bulls under permit issued by the State Veterinarian.

(d) All testing of bulls for trichomoniasis shall be done after bulls have been isolated for ten days from female cattle and shall be tested by veterinarians accredited at the II level in Hawaii that have undergone training for trichomoniasis testing of bulls. The owner of the bulls for testing shall be responsible for gathering the bulls and providing all facilities necessary for the safe restraint of the bulls for testing.

(e) All positive reactors to the PCR trichomoniasis test shall be reported by the accredited veterinarian to the state veterinarian within seventy-two hours of receiving test results.

(f) All bulls that test positive shall remain under quarantine and remain isolated from all cattle until slaughtered within thirty days of testing positive under permit issued by the state veterinarian.

(g) All bulls tested for trichomoniasis shall be identified at the time of testing with an official 840 USDA identification tag. The tag number shall correspond to the bull's test sample and listed on the test submission and result forms.

(h) Samples for trichomoniasis PCR testing shall be tested at an ISO/IES 170 25 or AAVDL approved laboratory and may be pooled in accordance with the diagnostic laboratory's testing protocol.

(i) Herds placed under quarantine for trichomoniasis shall be tested annually and remain quarantined until passing a complete negative test of the herd's bull battery one year after removal of the last infected bull from the herd.

History

[Eff. 12/22/2023] (Auth: HRS § 142-2)

Haw. Code R. § 4-16-20.2 Diseases and investigation

The State Veterinarian is authorized to investigate the disease status of cattle in the State showing clinical signs of disease or poor health.

(a) When an investigation by the State Veterinarian determines that a regulated or reportable disease or disease of high economic consequence is suspected or diagnosed, the State Veterinarian is authorized to take actions as provided in HRS § 142-6.

(b) When no infectious disease is suspected or diagnosed and adverse physical state is determined to involve animal husbandry related causes, the division may advise the owner or refer the owner to university extension agents or private veterinarians for assistance. In the event that the owner refuses to take recommended corrective actions, the State Veterinarian may refer the case to the humane agencies for the county.

History

[Eff. 12/22/2023] (Auth: HRS § 142-2)

Subchapter 3 SHEEP

Haw. Code R. § 4-16-21 Scope

(a) This subchapter governs special rules pertaining to importation of sheep into the State.

(b) Applicable general provision rules in sections 4-16-1 through 13 should be read in conjunction with this subchapter.

(c) In any conflict between a special rule in this subchapter and a general provision rule in sections 4-16-1 through 13, the special rule shall govern.

History

[Eff. 10/5/81] (Auth: HRS § 142-2) (Imp: HRS § 142-3)

Haw. Code R. § 4-16-22 Pre-shipment entry requirements

Sheep for entry shall be accompanied by a certificate of veterinary inspection issued by an accredited veterinarian or a state or federal veterinary officer in the state of origin, within seven days before shipment. The certificate of veterinary inspection shall give a description of each animal, including age, sex, breed, and official USDA eartag number, and shall certify that the animals described:

(1) Are free from external parasites and symptoms of transmissible diseases and have not had. recent exposure to these diseases;

(2) Have originated in a herd that is not under quarantine for Scrapie; and

(3) Have been dipped or completely sprayed under the supervision of a state, federal, or accredited veterinarian with a pesticide approved for killing ticks on sheep within seven days before shipment.

(4) Is officially identified with an USDA-APHIS approved method for identification of sheep.

History

[Eff. 10/5/81] (Auth: HRS § 142-2) (Imp: HRS §§ 142-3 and 142-4)

Haw. Code R. § 4-16-23 Post-shipment entry requirements

(a) Imported sheep shall be inspected by a state veterinarian or an agent before being granted entry into the State. Any indication of transmissible disease at the time of inspection shall be sufficient reason to quarantine any or all of the sheep in the shipment at premises approved by the state veterinarian. Animals shall not be released or permitted entry into the State until the state veterinarian is satisfied that they are free of symptoms of transmissible diseases and external parasites.

(b) All expenses in connection with the segregation and treatment or destruction and disposal of the quarantined animals shall be borne by the owner, importer, or consignee.

History

[Eff. 10/5/81] (Auth: HRS § 142-2) (Imp: HRS § 142-4)

Subchapter 4 GOATS and CAMELIDS

Haw. Code R. § 4-16-24 Scope

(a) This subchapter governs special rules pertaining to importation of goats and camelids into the State.

(b) Applicable general provision rules in sections 4-16-1 through 13 should be read in conjunction with this subchapter.

In any conflict between a special rule in this subchapter and a general provision rule in sections 4-16-1 through 13, the special rule shall govern.

History

[Eff. 10/5/81] (Auth: HRS § 142-2) (Imp: HRS § 142-3)

Haw. Code R. § 4-16-25 Pre-shipment entry requirements

(a) Goats and camelids for entry shall be accompanied by a certificate of veterinary inspection issued by an' accredited veterinarian or a state or federal veterinary officer within seven days before shipment. The certificate of veterinary inspection shall give a description of each animal, including age, sex, breed, and official USDA eartag number, and shall certify that the animals described:

(1) Are free from external parasites and symptoms of transmissible diseases and have not had recent exposure to these diseases;

(2) Have originated in a herd that is not under quarantine for scrapie or tuberculosis and have been found negative to an intradermal tuberculin test by a state, federal, or accredited veterinarian within thirty days before shipment; and

(3) Have been treated under the supervision of a state, federal, or accredited veterinarian with an approved pesticide for killing ticks on goats or camelids, within seven days before shipment.

(b) Goats have originated in a herd that is not under quarantine for Scrapie.

History

[Eff. 10/5/81] (Auth: HRS § 142-2) (Imp: HRS §§ 142-3 and 142-4)

Haw. Code R. § 4-16-26 Post-shipment entry requirements

(a) Imported goats shall be inspected by a state veterinarian before being granted entry into the State. Any indication of transmissible disease at the time of inspection shall be sufficient reason to quarantine any or all of the goats in the shipment at premises approved by the state veterinarian. They shall not be released and be permitted entry into the State until the state veterinarian is satisfied that they are free from symptoms of transmissible diseases and external parasites.

(b) All expenses in connection with the segregation and treatment or destruction and disposal of the quarantined goats shall be borne by the owner, importer, or consignee.

History

[Eff. 10/5/81] (Auth: HRS § 142-2) (Imp: HRS § 142-4)

Chapter 17 SWINE

Subchapter 1 GENERAL PROVISIONS

Haw. Code R. § 4-17-1 Objective

The objective of this chapter is prevention and control of swine diseases in the State.

History

[Eff. 10/5/81] (Auth: HRS § 142-2) (Imp: HRS § 142-3)

Haw. Code R. § 4-17-2 Definitions

As used in this chapter, unless context otherwise requires:

"Animals" includes wild animals, domestic animals, poultry and other birds, and hatching eggs;

"Animal products" means any edible or inedible substance derived in whole or in part from animals;

"Approved disinfectant" means a germicidal agent approved for use in a specific state-federal animal disease control and eradication program;

"Board" means the board of agriculture, State of Hawaii;

"Carrier" means any ship, vessel, airplane, or other conveyance used to transport animals; or its master, commanding officer, owner, local manager, or agent;

"Department" means department of agriculture, State of Hawaii;

"Division" means division of animal industry, department of agriculture;

"Division head" means the chief or senior officer of the division of animal industry;

"Domestic animals" includes horses, mules, asses, cattle, sheep, goats, swine, dogs, cats, poultry, and other animals maintained in the domestic state; includes poultry and hatching eggs;

"Effects" includes ropes, halters, harnesses, buckets, stalls, crates, pens, stables, feed, feed bags, and other equipment used to handle, confine, maintain, or transport animals;

"Inspector" means a veterinarian or livestock inspector in the division of animal industry or USDA;

"Interstate health certificate" means an official document issued by an accredited veterinarian or a state or federal veterinary officer certifying that the animals being shipped are free from external parasites and symptoms of transmissible disease and providing all other information and test results required for acceptance by the state of destination;

"Licensed veterinarian" means a veterinarian having a current, valid license to practice veterinary medicine in the State of Hawaii;

"Premises" means a piece of property, including any structure on it;

"Provisional quarantine" means temporary or conditional quarantine;

"Quarantine" means the isolation of an animal or animals on premises or in areas specified by the division; the designation given such premises or areas. No animals may be removed from or be added to such premises or areas except as permitted by the division;

"Shipmaster's declaration" means an official state form which must be completed and submitted by a carrier providing information on animals and birds transported;

"State veterinarian" means a qualified veterinarian in the division of animal industry, department of agriculture, designated by the board of agriculture;

"Transmissible disease" means any contagious, infectious, or communicable disease of animals;

"Uniform Methods and Rules" means recommended minimum standards adopted by USDA for the achievement of goals in state-federal animal disease control and eradication programs;

"USDA" means United States Department of Agriculture; and

"Vaccine" means a suspension of live, attenuated or killed microorganisms such as bacteria and viruses used for the prevention or treatment of infectious diseases.

History

[Eff. 10/5/81] (Auth: HRS § 142-2) (Imp: HRS § 142-3)

Subchapter 2 IMPORT REQUIREMENTS

Haw. Code R. § 4-17-3 Regulatory jurisdiction

(a) Importations of swine from areas under the jurisdiction and control of the United States are subject to the rules of the department.

(b) Importations of swine from foreign countries, besides complying with department requirements, shall not violate any federal regulations.

History

[Eff. 10/5/81] (Auth: HRS § 142-2) (Imp: HRS §§ 142-4, 142-5 and 142-8)

Haw. Code R. § 4-17-4 Entry into State

No swine shall be allowed entry into the State unless all pre-entry requirements have been met. Landing or removal of swine from a carrier for purposes of inspection or quarantine shall not constitute entry into the State for any purpose whatsoever. No effects of these swine, likewise, shall be brought into the State unless so authorized by an inspector of the department.

History

[Eff. 10/5/81] (Auth: HRS § 142-2) (Imp: HRS §§ 142-4 and 142-5)

Haw. Code R. § 4-17-5 Ports of entry

Swine may be entered through any official port or airport in the State.

History

[Eff. 10/5/81] (Auth: HRS § 142-2) (Imp: HRS §§ 142-3, 142-4 and 142-5)

Haw. Code R. § 4-17-6 Carrier responsibility

(a) Carriers transporting swine through any port in the State of Hawaii or landing swine at any port within the State of Hawaii shall, on arrival, submit a shipmaster's declaration to the department providing the following information:

(1) Name and address of owner, importer, consignor, consignee, and port of origin of the animals;

(2) Number of swine on board, including those born en route; and

(3) Number of swine which have died or have been injured en route, with the circumstances of the deaths or injuries.

(b) Carriers shall be responsible for securely confining swine for entry at the pier or airport until movement is authorized by an inspector. Swine in transit to ports beyond Hawaii shall not be off-loaded for any purpose unless authorized by the state veterinarian or an agent.

History

[Eff. 10/5/81] (Auth: HRS § 142-2) (Imp: HRS §§ 142-3, 142-4, 142-5 and 142-8)

Haw. Code R. § 4-17-7 Preshipment requirements

(a) A permit to import shall be obtained in advance of shipment from the division. The permit shall be issued subject to the following:

(1) Swine imported for slaughter shall be consigned to the licensed quarantined slaughterhouse designated on the entry permit;

(2) Feeder swine shall be consigned to the farm designated on the permit and shall be held in isolation quarantine until slaughtered;

(3) Swine imported for breeding purposes shall be consigned to the farm of destination designated on the entry permit and shall be held in quarantine for a period of thirty days, after which they shall be subjected to an additional fifteen days of pen exposure quarantine with a comparable number of healthy swine raised on the farm of destination; and

(4) The quarantines required under paragraphs (1), (2), and (3) above shall be under the supervision of the state veterinarian.

(b) The swine shall be accompanied by an official health certificate issued within seven days before shipment by an accredited veterinarian, or a state or federal veterinary officer in the state of origin, certifying that the swine:

(1) Are progeny of and originate in a herd and area not under quarantine for hog cholera or any other swine disease;

(2) Have originated in a herd in which there have been no cases of pseudorabies during the twelve-month period preceding shipment; and, for breeding and feeder swine, also have been tested and found negative to the serum neutralization test for pseudorabies conducted by a state, federal, or other USDA-approved laboratory within thirty days before shipment. They shall be retested thirty days after arrival.

(3) Are free from external parasites and symptoms of transmissible diseases and have not had recent exposure to these diseases;

(4) Have not been fed raw garbage; and

(5) Are identified by a slap brand or eartag and the identification is recorded or described on the health certificate.

History

[Eff. 10/5/81] (Auth: HRS § 142-2) (Imp: HRS § 142-4)

Haw. Code R. § 4-17-8 Post-shipment requirements

(a) Upon arrival, the swine shall be inspected by the state veterinarian or his agent before entry into the State. Any indication of transmissible diseases at the time of inspection shall be sufficient reason to quarantine any or all of the swine in the shipment at premises approved by the state veterinarian.

(b) All expenses in connection with the segregation, treatment, destruction, or disposal of the quarantined swine, shall be borne by the owner, importer, or consignee.

History

[Eff. 10/5/81] (Auth: HRS § 142-2) (Imp: HRS § 142-4)

Haw. Code R. § 4-17-9 Relating to the use of quarantine station facilities

Owners of swine held at an official or authorized quarantine station for any reason shall provide feed and care for stock and shall clean pens after removal of the animals. Also, owners shall promptly remove any dead swine from the quarantine station when directed to do so by the state veterinarian. If, for any reason, the owners fail to fulfill these requirements, the division will assume these responsibilities and all costs involved shall be charged to the owner.

History

[Eff. 10/5/81] (Auth: HRS § 142-2) (Imp: HRS §§ 142-3 and 142-6)

Subchapter 3 EXPORT REQUIREMENTS

Haw. Code R. § 4-17-10 Regulatory jurisdiction

(a) Shipments to other U. S. areas shall comply with entry requirements of the state of destination.

(b) Shipments to areas outside the U. S. come under federal jurisdiction.

History

[Eff. 10/5/81] (Auth: HRS § 142-2) (Imp: HRS § 142-3)

Subchapter 4 CONTROL OF SWINE DISEASES IN THE STATE

Haw. Code R. § 4-17-11 Quarantine-general

The department is authorized to place a quarantine on any swine, herd, premises, district, or island whenever in its opinion such action is necessary to prevent the spread of a severe transmissible disease. No swine shall be removed from or added to such herds, premises, or area except by permit from the department. This quarantine shall remain in effect until rescinded by the department.

History

[Eff. 10/5/81] (Auth: HRS § 142-2) (Imp: HRS §§ 142-6 and 142-9)

Haw. Code R. § 4-17-12 Quarantine-feedlot

All swine feed yards which receive and feed swine from more than one herd are hereby declared quarantine zones. No swine shall be moved from these quarantine zones except to a licensed slaughterhouse.

History

[Eff. 10/5/81] (Auth: HRS § 142-2) (Imp: HRS § 142-6)

Haw. Code R. § 4-17-13 Quarantine-slaughterhouse

All swine pens on slaughterhouse premises are hereby declared quarantine zones. Swine taken to these pens shall remain there until slaughtered, except that they may be removed for slaughter at another slaughterhouse under permit issued by the department.

History

[Eff. 10/5/81] (Auth: HRS § 142-2) (Imp: HRS § 142-6)

Haw. Code R. § 4-17-14 Swine brucellosis surveillance, control and eradication

(a) Blood samples shall be collected at slaughter from all female swine six months of age and older and be forwarded to the veterinary laboratory of the department for brucellosis testing.

(b) Whenever the laboratory results in tests conducted under subsection (a) above indicate herd infection, all animals of breeding age in the herd of origin of the test reactor shall be tested for brucellosis by the state veterinarian or his agent.

(c) The owner of the swine to be tested, or his agent in charge of the swine, shall cooperate with the veterinarian conducting the test and shall assist in confining and restraining the swine to be tested in a manner satisfactory to the veterinarian.

(d) Herds which are determined to be infected with brucellosis shall be quarantined, and no swine shall be added to or be removed from the herds except on written permit issued by the state veterinarian.

(e) The owner of an infected herd shall, within thirty days after notice from the state veterinarian, select and implement a plan approved by the department for the control and eradication of swine brucellosis.

(f) Quarantine restriction shall be lifted after the herd has either been depopulated and the premises cleaned and disinfected or has passed two consecutive negative tests for brucellosis at least ninety days apart.

(g) Herds in validated counties shall be tested as required in the Uniform Methods and Rules to maintain validation of the county.

(h) Herds in non-validated counties shall be tested as required in the Uniform Methods and Rules to maintain individual herd validation.

History

[Eff. 10/5/81] (Auth: HRS § 142-2) (Imp: HRS § 142-3)

Haw. Code R. § 4-17-15 Hog cholera and African swine fever surveillance and control

(a) Any case of disease in swine suggestive of hog cholera and African swine fever shall be reported without delay by the owner or his agent to a state or federal veterinarian. The herd shall be quarantined immediately and a complete inventory of swine on the premises shall be recorded by the receiving veterinarian.

(b) The herd shall be appraised and depopulated. Appraisal shall be as follows:

(1) The swine shall be appraised at their actual value for meat, feeding, or breeding purposes, whichever is applicable;

(2) For grade animals, only females shall be eligible for appraisal based on breeding value;

(3) Appraisal shall be made by a department or federal representative, or jointly, and shall be based on the number of live animals inventoried at the time the disease was officially reported;

(4) The record of appraisal shall be signed by the appraiser(s) and by the owner certifying his acceptance of the appraisal;

(5) Swine may be appraised in groups if they are of the same type. Appraisal may be on a per head basis if each animal in the group has the same value per pound;

(6) Swine presented for appraisal as registered purebred, hybrid, or inbred swine shall be accompanied by certificates of registered breeding; otherwise, such swine will be appraised as grades; and

(7) State indemnity shall not exceed the maximum amount authorized under the Uniform Methods and Rules of USDA.

(c) The premises, vehicles, and equipment on the farm shall be cleaned and disinfected under the supervision of the state veterinarian.

History

[Eff. 10/5/81] (Auth: HRS § 142-2) (Imp: HRS §§ 142-3 and 142-23.1)

Subchapter 5 GARBAGE

Haw. Code R. § 4-17-16 Feeding

The feeding of uncooked garbage to swine is prohibited.

History

[Eff. 10/5/81] (Auth: HRS § 142-2) (Imp: HRS § 142-3)

Haw. Code R. § 4-17-17 Permit

A permit shall be obtained from the division for processing garbage for feeding to swine.

History

[Eff. 10/5/81] (Auth: HRS § 142-2) (Imp: HRS § 142-3)

Haw. Code R. § 4-17-18 Cooking facilities

Garbage cooking facilities shall be adequately fenced to prevent entry by animals.

History

[Eff. 10/5/81] (Auth: HRS § 142-2) (Imp: HRS § 142-3)

Haw. Code R. § 4-17-19 Containers

The containers used for collecting and transporting garbage to be fed to swine shall be of metal construction and be leak-proof and spill-proof. These containers shall be thoroughly cleaned after each use and shall be used for no other purpose.

History

[Eff. 10/5/81] (Auth: HRS § 142-2) (Imp: HRS § 142-3)

Haw. Code R. § 4-17-20 Processing

Collected garbage shall be processed as soon as practicable in closed cookers in such a manner that all parts of the garbage shall:

(1) Be heated to a temperature of not less than two hundred degrees Fahrenheit for a minimum period of two hours; or

(2) Be heated to a temperature of not less than two hundred twelve degrees Fahrenheit for at least thirty minutes.

History

[Eff. 10/5/81] (Auth: HRS § 142-2) (Imp: HRS § 142-3)

Haw. Code R. § 4-17-21 Access to herds

Owners of swine shall permit access by inspectors for the purpose of inspecting the animals and premises.

History

[Eff. 10/5/81] (Auth: HRS § 142-2) (Imp: HRS §§ 142-3, 142-29 and 142-30)

Haw. Code R. § 4-17-22 Foreign garbage

No garbage from any carrier arriving in the State of Hawaii, whether from the mainland United States or a foreign country, shall be landed in the State for any purpose without prior written approval from the department.

History

[Eff. 10/5/81] (Auth: HRS § 142-2) (Imp: HRS § 142-3)

Subchapter 6 GARBAGE

Haw. Code R. § 4-17-23 Penalty

Any person violating any of the provisions of sections 4-17-16 through 4-17-22 shall be subject to the provisions of section 142-12, Hawaii Revised Statutes.

History

[Eff. 10/5/81] (Auth: HRS § 142-2) (Imp: HRS § 142-12)

Chapter 20 NON-DOMESTIC ANIMALS

Subchapter 1 GENERAL PROVISIONS

Haw. Code R. § 4-20-1 Objective

This chapter shall govern the procedures of the department of agriculture pertaining to non-domestic animals. The objective of this chapter is prevention of animal diseases.

History

[Eff. 10/5/81] (Auth: HRS § 142-2) (Imp: HRS §§ 142-2 and 142-3)

Haw. Code R. § 4-20-2 Definitions

As used in this chapter, unless context otherwise requires:

"Board" means board of agriculture, State of Hawaii;

"Carrier" means any ship, vessel, airplane, or other conveyance to transport animals; or its master, commanding officer, owner, local manager, or agent;

"Chief plant inspector" means branch chief of the plant quarantine branch, plant industry division;

"Department" means department of agriculture, State of Hawaii;

"Division" means division of animal industry, department of agriculture;

"Effects" includes ropes, halters, harnesses, buckets, stalls, crates, pens, stables, feed, feed bags, and other equipment used to handle, confine, maintain, or transport animals;

"Inspector" means a veterinarian or livestock inspector in the division of animal industry or USDA;

"Non-domestic animals" includes all animals other than those normally maintained in the domestic state or in association with humans;

"Premises" means a piece of property, including any structure on it;

"Shipmaster's declaration" means an official state form which must be completed and submitted by a carrier providing information on animals and birds transported;

"State veterinarian" means a qualified veterinarian in the division of animal industry, department of agriculture, designated by the board of agriculture;

"Transmissible disease" means any contagious, infectious, or communicable disease of animals;

"USDA" means United States Department of Agriculture; and

"Vaccine" means a suspension of live, attenuated or killed microorganisms such as bacteria and viruses used for the prevention or treatment of infectious diseases.

History

[Eff. 10/5/81] (Auth: HRS § 142-2) (Imp: HRS § 142-3)

Subchapter 2 IMPORT REQUIREMENTS

Haw. Code R. § 4-20-3 Regulatory jurisdiction

(a) Importations of non-domestic animals from areas under U.S. jurisdiction are subject to the rules of the department.

(b) Importations of non-domestic animals from foreign countries, besides complying with requirements of all state agencies mentioned in subsection (a), shall not violate any federal regulations.

History

[Eff. 10/5/81] (Auth: HRS § 142-2) (Imp: HRS §§ 142-4, 142-5, 142-8 and 142-11)

Haw. Code R. § 4-20-4 Entry into State

No non-domestic animals shall be allowed entry into the State unless all pre-entry requirements have been met. Landing or removal of non-domestic animals from a carrier for purposes of inspection or quarantine shall not constitute entry into the State for any purpose whatsoever. No effects of non-domestic animals, likewise, shall be brought into the State unless so authorized by an inspector of the department.

History

[Eff. 10/5/81] (Auth: HRS § 142-2) (Imp: HRS §§ 142-4 and 142-5)

Haw. Code R. § 4-20-5 Ports of entry

(a) Non-domestic animals subject to testing requirements shall be entered through Hilo or Honolulu, where livestock testing and quarantine facilities are provided.

(b) Non-domestic animals subject to rabies quarantine shall be entered through Honolulu, where the State's only rabies quarantine station is located; however, animals of this category may, on approval of the board, be quarantined under supervision of the division at an official state, county, or municipal zoo.

History

[Eff. 10/5/81] (Auth: HRS § 142-2) (Imp: HRS §§ 142-3, 142-4, 142-5)

Haw. Code R. § 4-20-6 Carrier responsibility

(a) Carriers transporting non-domestic animals through any port in the State or landing these animals at any port within the State shall, on arrival, submit a shipmaster's declaration to the department providing the following information:

(1) Name and address of owner, importer, consignor, consignee, and port of origin of the animals;

(2) Number of non-domestic animals on board; and

(3) Number of non-domestic animals which have died en route, with the circumstances of the deaths.

(b) Carriers shall be responsible for securely confining animals for entry at the pier or airport until movement is authorized by an inspector.

(c) Animals in transit to port beyond Hawaii shall not be off-loaded for any purpose unless authorized by the state veterinarian or an agent.

(d) Carriers shall not off-load and dispose of manure except under the supervision of an inspector.

History

[Eff. 10/5/81] (Auth: HRS § 142-2) (Imp: HRS §§ 142-3, 142-4, 142-5 and 142-8)

Haw. Code R. § 4-20-7 Preshipment requirements

(a) A permit issued by the board shall be required for importing non-domestic animals. Application for the permit shall be made in writing to the chief plant inspector in advance of importation and shall be subject to conditions imposed by the division of animal industry to prevent the introduction of transmissible diseases.

(b) Non-domestic animals for entry shall be accompanied by an interstate health certificate issued by an accredited veterinarian, or a state or federal veterinary officer in the state of origin, within seven days before shipment. The certificate shall give a description and identification of each animal and shall certify that:

(1) The animals described are free from external parasites and symptoms of transmissible diseases and that they have not had recent exposure to these diseases; and

(2) That all preshipment requirements prescribed have been complied with.

History

[Eff. 10/5/81] (Auth: HRS § 142-2) (Imp: HRS §§ 142-3 and 142-4)

Haw. Code R. § 4-20-8 Post-shipment requirements

(a) Non-domestic animals for entry shall be subject to inspection by the state veterinarian or any agent. Any indication of transmissible disease or failure to comply with all preshipment requirements shall be sufficient reason to refuse entry or quarantine the animals at premises approved by the state veterinarian.

(b) Non-domestic animals subject to any special follow-up testing requirements imposes shall be held under premises quarantine until completion and clearance from such testing.

(c) All expenses in connection with the segregation and treatment or destruction and disposal of the quarantined animals shall be borne by the owner, importer, or consignee.

History

[Eff. 10/5/81] (Auth: HRS § 142-2) (Imp: HRS §§ 142-3 and 142-4)

Haw. Code R. § 4-20-9 Relating to use of quarantine station facilities

(a) Owners of non-domestic animals held at an official or authorized quarantine station for any reason shall:

(1) Provide feed and care for stock;

(2) Clean pens after removal of the animals; and

(3) Promptly remove any dead animals from the quarantine station grounds when directed to do so by the state veterinarian.

(b) If, for any reason, the owners fail to fulfill the requirements in subsection (a), the quarantine station shall assume these responsibilities, and all costs involved shall be charged to the owner.

History

[Eff. 10/5/81] (Auth: HRS § 142-2) (Imp: HRS §§ 142-3 and 142-6)

Subchapter 3 EXPORT REQUIREMENTS

Haw. Code R. § 4-20-10 Regulatory jurisdiction

(a) Shipments to other U.S. areas shall comply with entry requirements of the state of destination.

(b) Shipments outside the U.S. come under federal jurisdiction.

History

[Eff. 10/5/81] (Auth: HRS § 142-2) (Imp: HRS § 142-3)

Subchapter 4 CONTROL OF ANIMAL DISEASES IN THE STATE

Haw. Code R. § 4-20-11 Quarantine-general

(a) The division is authorized to place a quarantine on any non-domestic animal, premises, district, or island, whenever in its opinion such action is necessary to prevent the spread of a transmissible disease.

(b) No animals shall be removed from or be added to such herds, premises, or areas except by permit from the division.

History

[Eff. 10/5/81] (Auth: HRS § 142-2) (Imp: HRS §§ 142-3, 142-6 and 142-9)

Chapter 21 VACCINES, MICROORGANISMS, AND PARASITES

Haw. Code R. § 4-21-1 Objective

The objective of this chapter is to control the sale and use of live vaccines and microorganisms.

History

[Eff. 10/5/81] (Auth: HRS § 142-2) (Imp: HRS § 142-3)

Haw. Code R. § 4-21-2 Definitions

As used in this chapter, unless context otherwise requires:

"Board" means the board of agriculture, State of Hawaii;

"Division head" means the chief or senior officer of the division of animal industry;

"Licensed veterinarian" means a veterinarian having a current, valid license to practice veterinary medicine in the State of Hawaii;

"Pathogen" means any organism or material capable of producing disease;

"Transmissible disease" means any contagious, infectious, or communicable disease of animals;

"Vaccine" means a suspension of live, attenuated, or killed microorganisms such as bacteria and viruses used for the prevention or treatment of infectious diseases.

History

[Eff. 10/5/81] (Auth: HRS § 142-2) (Imp: HRS § 142-2)

Haw. Code R. § 4-21-3 Import requirements

The importation of live veterinary vaccines, microorganisms, and parasites injurious to animals is prohibited except under permit issued by the division head.

History

[Eff. 10/5/81] (Auth: HRS § 142-2) (Imp: HRS § 142-3)

Haw. Code R. § 4-21-4 Sale of vaccines and pathogenic microorganisms

Live vaccines and pathogenic microorganisms used for immunizing animals shall be sold by the importer only to licensed veterinarians in the State of Hawaii unless authorized otherwise in writing by the division head.

History

[Eff. 10/5/81] (Auth: HRS § 142-2) (Imp: HRS § 142-3)

Haw. Code R. § 4-21-5 Control over use

The division head shall have authority to restrict and prescribe the manner of use of any vaccine, virus, or other viable biological product, subject to the direction and control of the board, whenever such action is necessary for the effective control, prevention, and eradication of transmissible diseases among animals.

History

[Eff. 10/5/81] (Auth: HRS § 142-2) (Imp: HRS § 142-3)

Chapter 22 REPORTING OF ANIMAL DISEASES AND DISEASE AGENTS

Haw. Code R. § 4-22-1 Objective

This chapter shall govern the procedures of the department of agriculture pertaining to the surveillance and reporting of suspected or diagnosed animal diseases and disease agents in the State.

History

[Eff. 10/5/81; am and comp] (Auth: HRS § 142-2) (Imp: HRS § 142-3)

Haw. Code R. § 4-22-2 Definition

As used in this chapter, unless the context otherwise requires:

"Division" means division of animal industry, department of agriculture;

"Office of International Epizootics" or "OIE" means the international governing body that sets standards for animal health;

"State veterinarian" means the veterinary program administrator in the division of animal industry, department of agriculture.

History

[Eff. 10/5/81; am and comp] (Auth: HRS § 142-2) (Imp: HRS § 142-3)

Haw. Code R. § 4-22-3 Division responsibility

(a) The division shall incorporate the Office of International Epizootics Lists A and B diseases and supplementary Hawaii disease list I as lists of reportable diseases.

(b) Exhibit A at the end of this chapter entitled "List of Diseases by OIE Classification" and "Supplementary Hawaii Disease List I", dated August 2000 or any more recent list designated by the board of agriculture, State of Hawaii, are made a part of this chapter.

History

[Eff. 10/5/81; am and comp] (Auth: HRS § 142-2) (Imp: HRS § 142-3)

Haw. Code R. § 4-22-4 Veterinarian responsibility

(a) Veterinarians in the State of Hawaii shall report all cases of reportable diseases or disease agents suspected, observed or diagnosed, to the state veterinarian.

(b) Written or verbal notification of suspected, observed or diagnosed list A, list B or list I diseases shall be made according to the following:

(1) List A diseases and designated list B and list I diseases or disease agents shall be reported immediately, or within twenty-four hours; and

(2) Other list B and list I diseases or disease agents shall be reported within the time periods listed in Exhibit A attached at the end of this chapter.

(c) Notification to the state veterinarian of list A, list B or list I diseases or disease agents shall include, but not be limited to, the following information:

(1) Name of the veterinarian reporting;

(2) Disease or disease agent being reported;

(3) Species, location and number of animals involved; and

(4) Name and address of the owner of the animals.

History

[Eff. 10/5/81; am and comp] (Auth: HRS § 142-2) (Imp: HRS § 142-3)

Haw. Code R. § 4-22-5 Penalty

Any person who violates any provision of this chapter shall be subject to penalties provided in section 142-12, Hawaii Revised Statutes.

History

[Eff and comp] (Auth: HRS § 142-2) (Imp: HRS § 142-12)

Chapter 23 HORSES

Subchapter 1 GENERAL PROVISIONS

Haw. Code R. § 4-23-1 Objective

This chapter shall govern the procedures of the department of agriculture pertaining to the prevention and control of horse diseases in the State.

History

[Eff. 10/5/81] (Auth: HRS § 142-2) (Imp: HRS §§ 142-2 and 142-3)

Haw. Code R. § 4-23-2 Definitions

As used in this chapter, unless context otherwise requires:

"Carrier" means any ship, vessel, airplane, or other conveyance used to transport animals; or its master, commanding officer, owner, local manager, or agent;

"Division" means division of animal industry, department of agriculture;

"Division head" means the chief or senior officer of the division of animal industry;

"Effects" includes ropes, halters, harnesses, buckets, stalls, crates, pens, stables, feed, feed bags, and other equipment used to handle, confine, maintain, or transport animals;

"Equine encephalomyelitis" is sleeping sickness of horses;

"Equine infectious anemia (EIA)" is swamp fever;

"Horses" includes mules and asses;

"Inspector" means a veterinarian or livestock inspector of the division of animal industry or USDA;

"Premises" means a piece of property, including any structure on it;

"Shipmaster's declaration" means an official state form which must be completed and submitted by a carrier providing information on animals and birds transported;

"State veterinarian" means a qualified veterinarian in the division of animal industry, department of agriculture, designated by the board of agriculture;

"Transmissible disease" means any contagious, infectious, or communicable disease of animals;

"USDA" means United States Department of Agriculture; and

"Vaccine" means a suspension of live, attenuated or killed microorganisms such as bacteria and viruses used for the prevention or treatment of infectious diseases.

History

[Eff. 10/5/81] (Auth: HRS § 142-2) (Imp: HRS § 142-3)

Subchapter 2 IMPORT REQUIREMENTS

Haw. Code R. § 4-23-3 Regulatory jurisdiction

(a) Importations of horses from areas under the jurisdiction and control of the United States are subject to the rules of the department.

(b) Importations of horses from foreign countries, besides complying with department requirements, shall not violate federal regulations.

History

[Eff. 10/5/81] (Auth: HRS § 142-2) (Imp: HRS §§ 142-4, 142-5, 142-8 and 142-11)

Haw. Code R. § 4-23-4 Entry into State

(a) No horses shall be allowed entry into the State unless all pre-entry requirements have been met.

(b) Landing or removal of horses from a carrier for purposes of inspection or quarantine shall not constitute entry into the State for any purpose whatsoever.

History

[Eff. 10/5/81] (Auth: HRS § 142-2) (Imp: HRS §§ 142-4 and 142-5)

Haw. Code R. § 4-23-5 Ports of entry

Horses may be entered through any official port or airport in the State.

History

[Eff. 10/5/81] (Auth: HRS § 142-2) (Imp: HRS § 142-4)

Haw. Code R. § 4-23-6 Carrier responsibility

(a) Carriers transporting horses through any port in the State or landing horses at any port within the State shall, on arrival, submit a shipmaster's declaration to the division providing the following information:

(1) Name and address of owner, importer, consignor, consignee, and port of origin of the horses;

(2) Number of horses on board, including those born en route; and

(3) Number of horses which have died or have been injured en route, with the circumstances of the deaths or injuries.

(b) Carriers shall be responsible for securely confining horses for entry at the pier or airport until movement is authorized by an inspector.

(c) Horses in transit to ports beyond Hawaii shall not be off-loaded for any purpose unless authorized by the state veterinarian or an agent.

(d) Carriers shall not off-load and dispose of manure except under the supervision of an inspector.

History

[Eff. 10/5/81] (Auth: HRS § 142-2) (Imp: HRS §§ 142-3, 142-4, 142-5 and 142-8)

Haw. Code R. § 4-23-7 Preshipment requirements

Horses for entry shall be accompanied by a health certificate issued by an accredited veterinarian or a state or federal veterinary officer within seven days before shipment. The certificate shall give a description of each animal, including breed, sex, age, and identifying marks or scars, and shall certify that the horses described:

(1) Are free from external parasites and symptoms of transmissible diseases and have not had recent exposure to these diseases;

(2) Have originated in an area in which equine encephalomyelitis has not occurred in the six-month period immediately preceding the date of shipment;

(3) Have been inoculated by an accredited veterinarian with one or more doses, as recommended by the manufacturer, of a USDA-approved equine encephalomyelitis vaccine to provide protection against the type or types of equine encephalomyelitis experienced in the area of origin. The date or dates of vaccination shall be stated on the certificate. The animals shall not be eligible for shipment until a minimum period of fifteen days has elapsed following completion of the vaccination procedure;

(4) Have been tested and found negative to the Coggins or other USDA-approved test for equine infectious anemia at a state, federal, or private laboratory accredited by the USDA to conduct this test within ninety days before shipment. The results, date of test, and name of the laboratory shall be stated on the certificate; and

(5) Have been completely sponged or sprayed, thoroughly wetting the mane and tail, under the supervision of a state, federal, or accredited veterinarian in the state of origin with a one-half percent water solution of malathion wettable powder, or other USDA-approved pesticide, within seven days before shipment.

History

[Eff. 10/5/81] (Auth: HRS § 142-2) (Imp: HRS §§ 142-3 and 142-4)

Haw. Code R. § 4-23-8 Post-shipment requirements

(a) Horses for entry shall be inspected by the state veterinarian or an agent on arrival and treated for external parasites by the owner under the supervision of an inspector.

(b) Any indication of transmissible disease at the time of inspection shall be sufficient reason to quarantine any or all of the animals in the shipment at premises approved by the state veterinarian.

(c) All expenses in connection with the segregation, treatment, destruction, and disposal of the quarantined animals shall be borne by the owner, importer, or consignee.

(d) All horses arriving in the State shall be held in isolation on the owner's premises until retested for equine infectious anemia by the Coggins or other USDA-approved test conducted at the veterinary laboratory of the division forty-five to sixty days following entry. Any positive reactor revealed by this test shall:

(1) Within fifteen days following notification of the reaction, be freeze-branded on the left neck by the state veterinarian or an agent with a design consisting of "95A" followed by a number assigned to the particular reactor by the division; and

(2) Be automatically quarantined on premises indefinitely, except that it may be moved for slaughter under written permit issued by the state veterinarian.

History

[Eff. 10/5/81] (Auth: HRS § 142-2) (Imp: HRS §§ 142-3, 142-5 and 142-6)

Haw. Code R. § 4-23-9 Relating to the use of quarantine station facilities

(a) Owners of horses held at official or authorized quarantine stations shall:

(1) Provide feed and care for stock;

(2) Clean pens during the quarantine period and immediately after removal of the animals; and

(3) Promptly remove any dead animals from the quarantine station grounds when directed to do so by the state veterinarian.

(b) If, for any reason, the owner fails to fulfill these requirements related to use of quarantine station facilities, the division shall assume these responsibilities, and all costs involved shall be charged to the owner.

History

[Eff. 10/5/81] (Auth: HRS § 142-2) (Imp: HRS §§ 142-3 and 142-6)

Subchapter 3 EXPORT REQUIREMENTS

Haw. Code R. § 4-23-10 Regulatory jurisdiction

(a) Shipments to other U. S. areas shall comply with entry requirements of the state of destination.

(b) Shipments outside of the U. S. come under federal jurisdiction.

History

[Eff. 10/5/81] (Auth: HRS § 142-2) (Imp: HRS § 142-3)

Subchapter 4 CONTROL OF HORSE DISEASES IN THE STATE

Haw. Code R. § 4-23-11 Quarantine-general

(a) The division is authorized to place a quarantine on any animal, herd, premises, district, or island whenever such action is necessary to prevent the spread of a transmissible disease.

(b) No horses shall be removed from or added to such herds, premises, or areas except by permit from the division.

History

[Eff. 10/5/81] (Auth: HRS § 142-2) (Imp: HRS §§ 142-6 and 142-9)

Haw. Code R. § 4-23-12 Equine infectious anemia control

(a) All horses on premises in which positive reactors to the Coggins or other USDA-approved test for equine infectious anemia are revealed shall be tested within sixty days following notification of such reactors.

(b) Laboratory testing shall be conducted at the division's veterinary laboratory.

(c) All positive reactors to the test for equine infectious anemia shall be subject to requirements of section 4-23-8(d).

History

[Eff. 10/5/81] (Auth: HRS § 142-2) (Imp: HRS § 142-3)

Chapter 24 MEAT GRADING

Subchapter 1 INCORPORATION OF RULES

Haw. Code R. § 4-24-1 Scope

Title 7, Chapter I, Food Safety and Quality Service, of the Code of Federal Regulations, published by the Office of the Federal Register National Archives and Records Service, General Services Administration, 1980 edition, is made a part of this chapter.

History

[Eff. 10/05/81] (Auth: HRS § 147-91) (Imp: HRS §§ 147-92 and 147-93)

Subchapter 2 STANDARDS FOR GRADES OF CARCASS BEEF

Haw. Code R. § 4-24-2 Construction of rules

Title 7, Chapter I, Subchapter C, entitled 'Regulations and Standards under the Agricultural Marketing Act of 1946," Part 54 of the Code of Federal Regulations sections 54.102 to 54.117 shall govern the procedures pertaining to meat grading of the division of animal industry, department of agriculture, State of Hawaii.

History

[Eff. 10/05/81] (Auth: HRS 147-91) (Imp: HRS §§ 147-92 and 147-93)

Subchapter 3 STANDARDS FOR GRADES OF LAMB, YEARLING MUTTON, AND MUTTON CARCASSES

Haw. Code R. § 4-24-3 Construction of rules

Title 7, Chapter I, Subchapter C, entitled "Regulations and Standards under the Agricultural Marketing Act of 1946," Part 54 of the Code of Federal Regulations sections 54.121 to 54.127, shall govern the procedures pertaining to grading of lamb, yearling mutton, and mutton carcasses of the division of animal industry, department of agriculture, State of Hawaii.

History

[Eff. 10/05/81] (Auth: HRS § 147-91) (Imp: HRS §§ 147-92 and 147-93)

Subchapter 4 STANDARDS FOR GRADES OF PORK CARCASSES

Haw. Code R. § 4-24-4 Construction of rules

Title 7, Chapter I, Subchapter C, entitled "Regulations and Standards under the Agricultural Marketing Act of 1946," Part 54 of the Code of Federal Regulations sections 54.131 to 54.137, shall govern the procedures pertaining to grading of pork carcasses of the division of animal industry, department of agriculture, State of Hawaii.

History

[Eff. 10/05/81] (Auth: HRS § 147-91) (Imp: HRS §§ 147-92 and 147-93)

Chapter 27 BRANDS

Haw. Code R. § 4-27-1 Objective

The objective of this chapter is to control the use and registration of livestock brands.

Haw. Code R. § 4-27-2 Definitions

As used in this chapter, unless context otherwise requires:

"Brand" means a mark made by burning with a hot iron onto the surface of the livestock's hide to designate ownership;

"Department" means department of agriculture, State of Hawaii;

"Division" means division of animal industry, department of agriculture; and

"Livestock" means domestic animals used or raised on a farm, and does not include dogs and cats.

History

[Eff. 12/15/83] (Auth: HRS §§ 142-2 and 142-41) (Imp: HRS § 142-3)

Haw. Code R. § 4-27-3 Division responsibility

(a) The division shall maintain a list of all registered brands in a separate book known as the "Hawaii Brand Book."

(b) All applications for brand registration shall be approved by the division to ensure that similar or duplicate brands are not being registered.

(c) Each brand registered pursuant to section 142-41, Hawaii Revised Statutes, shall expire pursuant to the requirements of section 142-42, Hawaii Revised Statutes. The division shall notify all registered brand owners when the re-registration period opens and the media shall be advised by the department's public relations officer.

History

[Eff. 12/15/83] (Auth: HRS § 142-2) (Imp: HRS §§ 142-3, 142-41, 142-42, and 142-43)

Haw. Code R. § 4-27-4 Owner responsibility

(a) Owners shall register all livestock brands as required by statute. The owner shall submit a burnt cardboard imprint of the registered brand to the division for filing.

(b) Owners of brands who desire to transfer a brand registered with the department shall notify the division of the intent to transfer. The new owner shall register the brand with the department and shall pay the transfer fee.

History

[Eff. 12/15/83] (Auth: HRS § 142-2) (Imp: HRS §§ 142-41 and 142-42)

Haw. Code R. § 4-27-5 Fees

The recording fee for each brand shall include a registration fee or a transfer fee. The following fees are established:

(1) Registration fee --------------------------- $10; and

(2) Transfer fee ------------------------------- $5

History

[Eff. 12/15/83] (Auth: HRS § 142-2) (Imp: HRS §§ 142-3 and 142-41)

Haw. Code R. § 4-27-6 Penalty

Penalties for:

(1) Using the registered brand of another person;

(2) Using an unregistered brand;

(3) Obliterating a brand; or

(4) Branding a person's livestock with the brand of another shall be as provided in sections 142-45 to 142-48, Hawaii Revised Statutes.

History

[Eff. 12/15/83] (Auth: HRS § 142-12) (Imp: HRS §§ 142-45, 142-46, 142-47, and 142-48)

Chapter 28 POULTRY AND BIRDS

Subchapter 1 GENERAL PROVISIONS

Haw. Code R. § 4-28-1 Objectives

The objectives of this chapter are to prevent the introduction of pests and diseases of poultry and birds into the State, and to control poultry and bird diseases found in the State.

History

[Eff JAN 16 2004] (Auth: HRS § 142-2) (Imp: HRS § 142-3)

Haw. Code R. § 4-28-2 Definitions

As used in this chapter, unless the context requires otherwise:

"Accredited veterinarian" means a veterinarian certified by federal and state animal health authorities to participate in cooperative disease control activities, including execution of official certificates of veterinary inspection for the interstate and international movement of animals.

"APHIS" means Animal and Plant Health Inspection Service of the United States Department of Agriculture.

"Aviary game bird" includes the various species of pheasant which are of rare nature and are generally propagated and raised for ornamental and aesthetic purposes, but does not pertain to birds raised for food, fighting, baiting, or for similar commercial purposes.

"Bird" or "birds" means all birds of the class aves, including eggs for hatching, other than poultry.

"Board" means the board of agriculture, State of Hawaii.

"Carrier" means a person or company engaged in the activity of transporting animals, by land, sea, or air including any ship, vessel, airplane, or other conveyance used to transport animals; or its master, commanding officer, owner, local manager, broker or agent.

"Carrier pigeon" means a homing or racing pigeon that has an identification device.

"Certificate of veterinary inspection" or "CVI" means an official state or federal certificate issued by an accredited veterinarian or state or federal veterinary officer providing all information and test results required for poultry and birds to enter Hawaii and certifying that the poultry or birds being transported are free of symptoms of transmissible disease.

"Commercial chickens" means chickens other than hatching eggs and day-old chickens, originating from NPIP certified hatcheries, imported for commercial egg or meat production, by entities maintaining a valid Hawaii General Excise Tax license for that purpose.

"Day-old birds" means birds that are shipped directly to Hawaii before twenty-four hours of age but may arrive after twenty-four hours of age. "Day-old birds" shall mean and include day-old poultry.

"Department" or "department of agriculture" means department of agriculture, State of Hawaii.

"Division" means division of animal industry, department of agriculture.

"Effects" means crates or cages used to transport poultry or birds, and bedding, dishes, toys, or other objects that may accompany any bird, including poultry.

"Entry" means the release of poultry or birds into the community after completion of all requirements set forth in this chapter.

"Identification device" means either a band placed around the leg or attached within the wing of poultry and birds or an implantable electronic microchip that allows poultry or birds to be individually identified with a unique numeric or alphanumeric identifier.

"Isolation" means to keep poultry and birds separated in a room not being used to house any other poultry or birds except that imported poultry or birds received less than seven days apart may be held together with the prior approval of an inspector.

"NPIP" means National Poultry Improvement Plan.

"Pigeon" means rock doves ( Columbia livia ).

"Poultry" means ducks, geese, pigeons, and birds of the Order Galliformes such as chickens, turkeys, guinea fowls, peafowl, pheasants, grouse, partridges, and quail, including their eggs for hatching.

"Premise" means a property, including any structure on it.

"Pullorum-Typhoid" means diseases of poultry caused by Salmonella pullorum and Salmonella gallinarum , respectively.

"Quarantine" means the secure isolation and confinement of poultry or birds on a premise or premises, or in an area designated by the state veterinarian. No poultry or birds may be removed from or added to these premises or areas except as permitted by the state veterinarian.

"Racing pigeon" means any pigeon whose identification device is registered with any county, state, national, or international pigeon racing organization.

"Shipmaster's declaration" means an official state form that shall be completed and submitted by a carrier and that provides information on poultry and birds transported including the name of the importer.

"Show pigeon" means any pigeon intended for show purposes that bears an identification device.

"State veterinarian" means the veterinary program administrator in the division of animal industry, department of agriculture.

"Transmissible disease" means any contagious, infectious, or communicable disease of poultry or birds.

"USDA" means United States Department of Agriculture.

"Vaccine" means a suspension of live, attenuated, killed, or genetically altered organisms or parts thereof used for the prevention, amelioration, or treatment of infectious diseases.

"Valid import permit" or "import permit" or "poultry and bird import permit" means a properly completed import permit issued by the division and signed by an accredited veterinarian or a NPIP approved state inspector authorized to issue a "Report of Sales of Hatching Eggs, Chicks, and Poults" (VS Form 9-3, Oct 81). An NPIP approved state inspector may only issue an import permit for day-old poultry or hatching eggs.

History

[Eff JAN 16 2004] (Auth: HRS § 142-2) (Imp: HRS §§ 142-3, 142-101, 142-111)

Subchapter 2 IMPORT REQUIREMENTS

Haw. Code R. § 4-28-3 Regulatory jurisdiction

Importation of poultry and birds into the State of Hawaii are subject to this chapter. International shipments of poultry and birds shall also meet federal entry requirements.

History

[Eff JAN 16 2004] (Auth: HRS § 142-2) (Imp: HRS § 142-3)

Haw. Code R. § 4-28-4 Entry of poultry, birds, and effects without inspection prohibited

Poultry or birds may be denied entry into the State unless all preshipment and quarantine requirements have been met. Landing or arrival of poultry or birds for purposes of inspection shall not constitute entry into the State for any purpose whatsoever. No poultry or birds shall be allowed to enter the State except after inspection, quarantine, and other pre-entry requirements have been met. Every carrier, owner, handler, or other person causing poultry or birds to arrive in the State shall be required to present the animals to the department for inspection immediately upon arrival. No effects of poultry or birds that accompany the animals shall be entered into the State unless inspected and passed by an inspector.

History

[Eff JAN 16 2004] (Auth: HRS § 142-2) (Imp: HRS §§ 142-4, 142-5)

Haw. Code R. § 4-28-5 Arrival port

All poultry and birds, including hatching eggs and day-old birds, shall be landed at the Honolulu International Airport and be submitted to the airport animal quarantine holding facility for inspection.

History

[Eff JAN 16 2004] (Auth: HRS § 142-2) (Imp: HRS §§ 142-3, 142-4, 142-5)

Haw. Code R. § 4-28-6 Containers

All poultry and birds shall be transported in either new containers or in containers that have been thoroughly cleaned and disinfected to remove droppings, blood, feathers, fluff, eggshells, yolk, albumen, litter or other bedding, food, or other residual materials associated with container use.

History

[Eff JAN 16 2004] (Auth: HRS § 142-2) (Imp: HRS §§ 142-3, 142-4)

Haw. Code R. § 4-28-7 Carrier responsibility

(a) Carriers transporting poultry and birds into the State, except poultry and birds in transit to ports outside of Hawaii, shall immediately upon arrival deliver the shipment to the Honolulu International Airport animal quarantine holding facility and submit a shipmaster's declaration to the division providing the following:

(1) Name and address of owner, importer, consignee, and port of origin of the poultry and birds;

(2) Number of poultry and birds onboard; and

(3) Number of poultry and birds that have died or have been injured en route, with the circumstances of the deaths or injuries.

(b) Poultry and birds in transit to ports beyond Hawaii shall not be off-loaded for any purpose unless authorized by the state veterinarian or an inspector.

(c) Carriers shall not accept for transport to Hawaii any shipment of poultry or birds, including hatching eggs, without a valid "Poultry and Bird Import Permit" (Form DC-50, 8/03), which is attached at the end of this chapter. The import permit shall be obtained from the division and securely fixed to the outside of a shipping container, group of shipping containers, or pallet of shipping containers so that it is clearly visible. It shall be the responsibility of the carrier to deny shipment, or immediately transport to a port outside of Hawaii, all poultry and birds arriving without a valid import permit. The import permit shall contain:

(1) An entry number issued by the state veterinarian or an inspector;

(2) A list and count for each species of poultry or birds shipped;

(3) A destination address, name, and contact telephone number;

(4) A return address, name, and contact telephone number;

(5) A statement that provisions of this chapter were met for all poultry and birds in the shipment, including the telephone number and name of the facility used to meet preshipment quarantine requirements for poultry and birds subject to quarantine as provided in section 4-28-8(a); and

(6) The signature of the accredited veterinarian attesting that preshipment requirements have been met, or in the case of day-old birds and hatching eggs, the signature of a NPIP hatchery agent or accredited veterinarian.

History

[Eff JAN 16 2004] (Auth: HRS § 142-2) (Imp: HRS §§ 142-3, 142-4, 142-5, 142-8)

Haw. Code R. § 4-28-8 Preshipment requirements

(a) In addition to any other applicable requirements, an import permit issued by the division shall be required to import all poultry, birds, day-old birds, and hatching eggs. Each shipment shall have a valid import permit attached, in plain view, to the outside of a shipping container, group of shipping containers, or pallet of shipping containers, used to transport the birds and poultry into the State.

(b) For all poultry and birds, an import permit shall not be issued and entry into the State not permitted unless the poultry and birds for entry have been quarantined in isolation from mosquitoes in a mosquito-free and mosquito-proof enclosure under the supervision of the accredited veterinarian issuing the CVI for entry. The isolation period shall be for a minimum period of seven days (one hundred and sixty-eight hours) and poultry or birds shall enter the State within thirty-six hours of completion of the seven days isolation. The seven days isolation period shall not apply to the following:

(1) Hatching eggs and day-old birds;

(2) Chickens, pheasants, quail, chuckers, rock doves ( Columba livia ), and budgerigars ( Melopsittacus undulates ) that are older than four weeks; and

(3) Poultry or birds with a positive specific antibody test to West Nile virus (enzyme-linked immunosorbent assay, plaque-reduction neutralization test, or hemagglutination inhibition test) performed between thirty days and one hundred and eighty days of entry by a laboratory approved by the Hawaii state veterinarian. Positive and negative test results shall be interpreted according to national standards for the type of test performed.

(c) For all poultry and birds, entry shall not be permitted into the State unless the following conditions have been met and certified in writing by the accredited veterinarian issuing a CVI, or a NPIP state inspector authorized to issue a "Report of Sales of Hatching Eggs, Chicks, and Poults." The issuing accredited veterinarian or NPIP state inspector shall validate the completed import permit accompanying each shipment by signature.

(1) For day-old poultry and poultry hatching eggs, entry shall not be permitted into the State unless accompanied by a valid import permit and the following:

(A) A CVI or a NPIP "Report of Sales of Hatching Eggs, Chicks, and Poults" containing a description and count of the day-old poultry or poultry hatching eggs;

(B) A certificate of participation or statement that the day-old poultry or poultry hatching eggs originated in a flock that has a Pullorum-Typhoid clean rating and is designated a United States sanitation monitored flock in accordance with NPIP standards;

(C) A statement that the day-old poultry have not been vaccinated with a vaccine containing a live agent for any disease except Marek's disease, except that vaccination for other conditions may be allowed when authorized by the state veterinarian. In such exceptions, the type of vaccine, manufacturer's name, and expiration date of the vaccine shall be included in the CVI.

(2) For poultry other than day-old poultry and poultry hatching eggs, entry into the State shall not be permitted without a valid import permit and a CVI issued in the state of origin within ten days of arrival. The CVI shall:

(A) Give the type and age of the poultry;

(B) List the identification numbers of the poultry to be shipped;

(i) Originated in a flock that is designated as a U.S. sanitation flock under NPIP with a rating of Pullorum-Typhoid clean in an official national or state plan for poultry, or tested negative for Pullorum-Typhoid disease within thirty days of arrival;

(ii) Were not vaccinated for any disease with a vaccine containing a live agent within sixty days of shipment; and

(iii) Were free of external parasites and symptoms of transmissible diseases or evidence of recent exposure to parasites or diseases; and

(D) Declare that all non-commercial chickens were test negative by a Newcastle's Disease virus (NDV) specific hemagglutination inhibition (HI) test within fourteen days of arrival. Noncommercial chickens testing positive by the HI test shall be required to test negative by polymerase chain reaction (PCR) methodology or by NDV virus isolation (VI) within fourteen days of arrival. A positive result by PCR or VI disqualifies a bird from entry unless the virus is determined to be a vaccine strain. Polymerase chain reaction or virus isolation tests shall be performed on a cloacal swab sample collected within fourteen days of arrival. The test result for each non-commercial chicken and the date of sample collection shall be recorded on, or attached to, the CVI. Testing for NDV shall be at a government laboratory qualified to perform PCR, VI or HI tests specific for NDV.

(3) For birds not subject to subsection (c)(1) or subsection (c)(2), entry into the State shall not be permitted unless accompanied by a valid poultry and bird import permit and a CVI issued in the state of origin within ten days of arrival. The CVI shall give a description of each bird, including breed, sex, and age, and a list of identification numbers, and certify that the birds described:

(A) Were free of external parasites and symptoms of transmissible diseases or evidence of recent exposure to parasites or diseases; and

(B) Have not been vaccinated with a vaccine containing a live agent during the sixty-day period before shipment.

(4) In addition to the requirements listed in subsection (c)(3), importation of birds requires:

(A) A permit issued by the plant quarantine branch, department of agriculture, prior to shipment for certain species of poultry and birds; and

(B) An identification device for all birds except canaries, finches, budgerigars, lovebirds, cockatiels, and doves, placed before arrival into the State. The identification device shall remain on the bird at least thirty days after importation, except that an identification device may be removed for reasons of health or safety, in which case the importer or owner shall obtain prior authorization from the state veterinarian or an inspector.

(d) Poultry and birds originating from a country, State, or area with exotic NDV or highly pathogenic avian influenza virus (AIV) may be denied entry or allowed entry only after testing for the presence of NDV or AIV by a test method designated by the state veterinarian.

History

[Eff JAN 16 2004] (Auth: HRS § 142-2) (Imp: HRS §§ 142-4, 142-4.5, 142-10)

Haw. Code R. § 4-28-9 Post-shipment requirements

(a) All poultry and birds entering the State shall be inspected by the state veterinarian or an inspector upon arrival. Failure to comply with pre-arrival requirements, evidence of transmissible disease, or possible exposure to a transmissible disease shall be sufficient reason to refuse entry, place the poultry or birds under quarantine, or destroy the poultry or birds.

(b) All expenses incurred in connection with the testing, segregation, treatment, destruction, and disposal of poultry or birds that are refused entry, quarantined, or destroyed shall be borne by the owner, shipper, importer, or consignee.

(c) All birds entering the State shall be kept in isolation for a period of thirty days at the importer's premises at a site approved by the state veterinarian. Poultry shall be isolated for a minimum period of seven days. Poultry or birds may be sold or transferred to another person, provided the poultry or birds continue to be held in isolation by the new owner for the remainder of the isolation period.

(d) Importers of poultry and birds shall keep a record of each sale or transfer that contains the:

(1) Date of sale or transfer;

(2) Name, address, and telephone number of the purchaser or transferee;

(3) Number and species of poultry or birds sold or transferred; and

(4) Identification device number of the poultry or birds sold or transferred.

Subsequent owners, likewise, shall keep records of sales and transfers. Transfer forms shall be available from the division. A record of transfer shall be maintained for not less than ninety days after entry and shall be made available to the division if, during this period, a quarantine is placed on a premise because of the diagnosis of a disease listed in chapter 4-22, Hawaii Administrative Rules, "Reporting of Animal Diseases and Disease Agents," or other transmissible disease of poultry or birds. Pet shops dealing exclusively in birds of local origin are exempt from the requirements of this subsection.

(e) Every shipper, importer, consignee, and subsequent owner of poultry or birds shall report promptly to the state veterinarian all instances of sick or dead poultry or birds occurring during the required isolation period and, upon request by the department, shall make those poultry or birds available for testing and other diagnostic procedures.

(f) The state veterinarian or an inspector may inspect an importer's premises, isolation facilities, or records relating to poultry or bird importations and sales, during reasonable hours to investigate a disease outbreak or assess compliance with these rules. A report of inspection shall be on file with the division.

(g) Poultry and birds imported into the State directly from USDA-approved quarantine facilities are exempt from the isolation requirement of subsection (c).

(h) Poultry and birds entering the State for exhibition or performance shall be held in isolation at a premise, under conditions approved by the state veterinarian, for the duration of the exhibition or performance.

History

[Eff JAN 16 2004] (Auth: HRS § 142-2) (Imp: HRS §§ 142-3, 142-4, 142-5, 142-11, 142-13, 142-29, 142-98)

Haw. Code R. § 4-28-10 Failure to meet entry requirements

Failure to meet preshipment requirements shall result in refusal of entry into the State. No poultry, birds, day-old birds or hatching eggs refused entry shall remain in the State for more than 24 hours after their arrival date and time. During this 24-hour grace period, poultry, birds, day-old birds or hatching eggs refused entry shall be permitted to leave the State. After this 24-hour grace period, poultry, birds, day-old birds or hatching eggs refused entry and remaining in the State shall be humanely euthanized.

(1) All costs associated with the return to origin, euthanasia, and disposal of poultry, birds, day-old birds or hatching eggs shall be borne by the carrier, owner, importer, or consignee.

(2) Any carrier transporting poultry, birds, day-old birds or hatching eggs into the State without a valid poultry and bird import permit shall be responsible for all costs incurred in returning the poultry, birds, day-old birds or hatching eggs immediately to a North American port.

History

[Eff JAN 16 2004] (Auth: HRS 142-2) (Imp: HRS §§ 142-3, 142-4, 142-5, 142-6)

Subchapter 3 PENALTY

Haw. Code R. § 4-28-11 Penalty

Any person, including a carrier or handler, who violates any provision of this chapter shall be subject to penalties provided in section 142-12, Hawaii Revised Statutes.

History

[Eff JAN 16 2004] (Auth: HRS § 142-12) (Imp: HRS §§ 142-2, 142-4, 142-5)

Subchapter 4 CONTROL OF POULTRY AND BIRD DISEASES IN THE STATE

Haw. Code R. § 4-28-12 Quarantine-general

The state veterinarian may deny permits for entry or movement of poultry, birds, day-old birds, and hatching eggs, or place a hold or quarantine order on any premise, district, or island of the State, or place an embargo on the movement of poultry and birds within the State or from another state or territory of the United States, whenever action is necessary to prevent the spread of transmissible diseases to poultry, birds, or humans. No poultry or birds shall be removed from or be added to a quarantined premise or area except by permit from the division. A quarantine order shall remain in effect until rescinded by the state veterinarian.

History

[Eff JAN 16 2004] (Auth: HRS § 142-2) (Imp: HRS §§ 142-3, 142-6, 142-9)

Subchapter 5 PIGEON AND AVIARY GAME BIRD PERMITS

Haw. Code R. § 4-28-13 Owner responsibility

(a) Any person that raises pigeons or aviary game birds shall obtain a "Pigeon/Aviary Game Bird Permit" (Form DC-48, 8/03), that is a part of this chapter, shall be renewed every three years from the anniversary date of the initial date of registration. The applicant shall complete an application for a pigeon or aviary game bird permit with the following:

(1) Name and address, including the county and district, and contact telephone number;

(2) Type and number of pigeons or aviary game birds;

(3) Origin of birds;

(4) Number and species of other animals and birds kept at the permit location; and

(5) Number of male and female aviary game birds.

(b) Owners of carrier pigeons or persons acting for the owners, in areas zoned for residential, hotel, or apartment use shall have in their possession and shall be allowed to fly no more than twenty-five pairs, or a total of fifty carrier pigeons. The total number of carrier pigeons and racing pigeons allowed to fly for necessary exercise, training, and racing in areas zoned for other uses shall not exceed two hundred. Show pigeons shall not be allowed to fly free and are not required to abide by numeric limitations of this section.

History

[Eff JAN 16 2004] (Auth: HRS §§ 142-2, 142-102 and 142-112) (Imp: HRS §§ 142-102, 142-103, 142-112)

Haw. Code R. § 4-28-14 Maximum time period for permit approvals, disapprovals, or automatic approvals

(a) Pursuant to the requirements of chapter 91, Hawaii Revised Statutes, the department establishes fourteen calendar days as the maximum time period for approval or disapproval of a pigeon or aviary game bird ownership permit request after acceptance of a completed permit application.

(b) Notwithstanding the requirements of subsection (a) the maximum period of time shall be extended indefinitely in the event of a national disaster, state emergency, or union strike, that prevents the department from fulfilling application or review requirements in a timely manner.

(c) Except as provided in subsection (b), an application request for the issuance of a permit shall be given automatic approval if action is not taken by the department within the established maximum period of time as specified in subsection (a). If a permit application is automatically approved pursuant to this subsection, the department shall issue the permit within a reasonable period of time after being informed of or discovering the automatic approval.

(d) This section shall apply only to application requests for business or development-related permits required by law to be obtained prior to the formation, operation, or expansion of a commercial or industrial enterprise.

History

[Eff JAN 16 2004] (Auth: HRS §§ 91-13.5, 142-2) (Imp: HRS §§ 91-13.5, 142-3)

Subchapter 6 SEVERABILITY

Haw. Code R. § 4-28-15 Severability

If any provision of this chapter is declared unconstitutional, or the applicability thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of the chapter that can be given effect without the invalid provision or the application, and to this end the provisions of this chapter are severable.

History

[Eff JAN 16 2004] (Auth: HRS § 142-12) (Imp: HRS §§ 142-2, 142-3)

Chapter 29 DOGS, CATS, AND OTHER CARNIVORES

Subchapter 1 GENERAL PROVISIONS

Haw. Code R. § 4-29-1 Objective

The objective of this chapter is to prevent the introduction of rabies into the State.

History

[Eff 03/18/93; am and comp 05/23/97; comp 07/10/00; comp 06/30/03; comp 02/12/04; comp 10/31/05, am and comp SEP 28 2009] (Auth: HRS § 142-2) (Imp: HRS § 142-3)

Haw. Code R. § 4-29-2 Definitions

As used in this chapter, unless the context requires otherwise:

"Airport Animal Quarantine Holding Facility" is a facility operated by the state department of agriculture at the airport designated for the handling and holding of animals being imported into the State or destined for transit more than twenty-four hours after their arrival

"Animals" means cats, dogs, and all animals in the order carnivora.

"Animal port" means the facility that is operated by the Hawaiian Humane Society and is located at the Honolulu International Airport in the Airport Operational Area, which is used to hold animals, including birds and other non-domestic animals, that are destined for transit out of the State within twenty-four hours of their arrival.

"Animal quarantine manager" or "manager" means the manager of the animal quarantine branch, division of animal industry.

"Animal quarantine station", also referred to as "quarantine station" or "station", means the state animal quarantine facility in Hawaii Valley that is used to quarantine dogs, cats, and other carnivores under this chapter,

"Approved hospital" means any veterinary facility approved by the department to provide care for quarantined animals.

"Board" means the state board of agriculture.

"Booster interval" means the licensed duration of immunity of a vaccine; and the recommended time period for re-administration of a vaccine, to increase or maintain immunity, listed on the manufacturer's label or product insert.

"Carnivorous" means subsisting or feeding on animal tissue.

"Carrier" means a person employed or engaged in the activity of carrying goods for others for hire, by land, sea, or air.

"Chairperson" means the chairperson of the state board of agriculture.

"Complete care" means a system relieving the State of all responsibility to care for an animal, whereby an owner assumes the entire responsibility to provide all feeding, cleaning, and monitoring of the health and well-being of an animal in quarantine.

"Contact" means any physical union or touching between animals, with or without aggression.

"Current", when referring to vaccine or vaccination, means the period of time from the vaccine's administration to arrival in Hawaii has not exceeded the licensed duration of immunity listed on the manufacturer's label or product insert for that vaccine.

"Department" means the state department of agriculture.

"Designated address" means an address at which the service animal or exempted guide dog will reside while in the State during any portion of the thirty-day post-arrival period.

"Diplomat" means Diplomat in a Specialty Board recognized by the American Veterinary Medical Association.

"Disability", with respect to an individual, means a physical or mental impairment that substantially limits one or more of the major life activities of such individual; a record of such impairment; or being regarded as having such impairment.

"Division" means the division of animal industry, department of agriculture.

"Double door" means an entry vestibule having an outer door and an inner door arranged such that at least one door is always closed during the entry of visitors or employees.

"Effects" means crates used to transport carnivores, and collars, leashes, chains, bedding, dishes, toys, or other objects that may accompany any carnivore.

"Eligibility Date" or "Eligible Date" means the date determined by the State that an animal may qualify for five day or less quarantine by meeting all the specified requirements.

"Emergency" means any unanticipated, unexpected event which reasonably necessitates a user to travel to the State on an urgent basis, such that the user could not reasonably be expected to have the user's service animal or exempted guide dog meet all pre-entry requirements.

"Entry" means the release of a dog, cat, or other carnivore into the community after completion of all quarantine and post-quarantine requirements set forth in this chapter.

"Exempted guide dog" means a guide dog that has graduated from an approved guide dog training program and that works as a team with its visually impaired user.

"Groomer" means a person who brushes, bathes, cleans, or maintains the coat or integument of an animal within an animal quarantine station.

"Guest" means a person allowed entry into the animal quarantine station to visit a quarantined animal only when accompanied by an owner, co-owner, or visitor.

"Guide dog" means any dog individually trained by a licensed guide dog trainer for guiding a blind person by means of a harness attached to the dog and a rigid handle grasped by the person.

"Handler" means a person employed or engaged in holding, taking up, moving, or otherwise affecting the movement of animals

"HRS" means the Hawaii Revised Statutes.

"Inspector" means a veterinarian, livestock inspector, or any officer or employee of the department of agriculture, authorized and designated by the board of agriculture to enforce the provisions of this chapter.

"International Unit" or "I.U." means a standard measurement unit to express the results of an OIE serologic test approved to measure anti-rabies virus antibody.

"Microchip" means an implantable micro-electronic device that provides animal identification.

"Necessary medical treatment" means that which is directed immediately to the cure or amelioration of the disease or injury.

"Neighbor Island" means the islands of Hawaii, Maui, Kauai, Lanai, and Moiokai.

"Neighbor Island Inspection Permit" or "NIIP" means a permit issued by the division authorizing the transport, arrival, and entry of an animal at a port or airport on a neighbor island and specifies the port or airport, date of arrival, and identity of the animal and owner.

"Office of International Epizooties - rabies virus antibody test" or "OIE- RVA test" means any state-approved serologic test used to measure the levels of rabies antibodies in the serum of animals that has been validated and certified as a test method by the Office of International Epizooties.

"Order Carnivora" means any flesh-eating mammal under but not limited to the family Canidae, Ursidae, Procyonidae, Mustelidae, Felidae, Hyaenidae, and Viverridae.

"Original document" means a document which is not a facsimile or a photocopy and bears an original or carbon signature.

"Owner" or "co-owner" means the person or persons whose name appears on the shipmaster's declaration or a person designated in writing by the owner to act in the owner's behalf and having the same duties and responsibilities as the owner.

"Parking facility" means a lot, garage, building, or structure, or combination or portion thereof, in which motor vehicles are temporarily parked.

"Parking placard for persons with disabilities" means a distinguishing placard issued to a person with a disability by a county upon certification of disability pursuant to chapter 11-219, Hawaii Administrative Rules, or by a foreign jurisdiction and bearing the international symbol of accessibility.

"Parking space" means an area of space in a parking facility that is used for parking one motor vehicle at any time.

"Parking space designated for persons with disabilities" means any metered or unmetered parking space designated for the use of a person with a disability, as defined in this section, and which conforms with the Uniform Federal Accessibility Standards, 41 C.F.R. 101-19.6, Appendix A, 4.6.2 and 4.6.3. These spaces shall be identified as reserved by a sign showing the international symbol of accessibility and stating that a parkuig placard for persons with disabilities, as defined in this section, is required.

"Potential human exposure" means the inflicting of any wound on a person in which the skin is punctured or damaged in any manner by the teeth of an animal.

"Qualification date" means the date determined by the State that an animal may be released from quarantine by meeting all the specified requirements under chapter 4-29, HAR.

"Quarantine" means confinement at an animal quarantine station for a designated period pursuant to this chapter, or for a period before export from the State as provided in this chapter.

"Rabies vaccine" means an inactivated rabies vaccine or live recombinant rabies vaccine licensed by the United States Department of Agriculture or equivalent foreign government agency when the vaccine is administered outside of the United States.

"Safeguard" means to confine and handle animals so that the animals shall not come into physical contact with any other animal, or cause a potential human exposure, at any time. The location and method of confinement and handling shall be approved by the state.

"Satellite quarantine station" means a facility, other than the animal quarantine station, which holds a valid permit issued under section 4-29-12 and at which animals subject to quarantine may be housed.

"Service animal" means any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. The work or tasks performed by a service animal must be directly related to the individual's disability. The work or tasks include but are not limited to: assisting individuals who are blind or have low vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities, and helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behavior. The crime deterrent effects of an animal's presence, such as dogs with "protection training" and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purposes of this definition.

"Service dog" means another term for service animal.

"Shipmaster's declaration" means an official state form which shall be completed and submitted by a carrier and which provides information on animals transported and the name of the owner or co-owner, or both.

"Shipper" means a person who sends animals by any form of conveyance.

"State" means the State of Hawaii,

"State veterinarian" means the veterinary program administrator in the division of animal industry, department of agriculture.

"Trainer" means a person employed or engaged in training or utilizing the services of working animals.

"Transmissible disease" means any contagious, infectious, or communicable disease of any carnivore.

"User" means any person with a disability who, because of disability, relies upon the services of an exempted guide or service animal.

"United States" means the states of the union, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands.

"Veterinary hospital" means an office or building designated for the sole purpose of providing veterinary examinations, diagnostics, and medical and surgical treatments of animals operated by a veterinarian licensed to practice in Hawaii.

"Visitor" means the person or persons designated by the owner to visit a dog, cat, or other carnivore at the animal quarantine station, but not having the authority to act in the owner's behalf.

History

[Eff 03/18/93; am and comp 05/23/97; am and comp 07/10/00; am and comp 06/30/03; am and comp 02/12/04; am and comp 10/31/05; am and comp SEP 28 2009] (Auth: HRS § 142-2) (Imp: HRS § 142-3)

Subchapter 2 IMPORT REQUIREMENTS

Haw. Code R. § 4-29-3 Regulatory jurisdiction

Importations of dogs, cats, and other carnivores from areas outside of the State of Hawaii, except as provided in these rules, are subject to this chapter.

History

[Eff 03/18/93; comp 05/23/97; comp 07/10/00; comp 06/30/03; comp 02/12/04; comp 10/31/05; comp SEP 28 2009] (Auth: HRS § 142-2) (Imp: HRS §§ 142-4, 142-5, 142-8, 142-11)

Haw. Code R. § 4-29-4 Entry of dogs, cats, and other carnivores without inspection prohibited

Dogs, cats, and other carnivores may be denied entry into the State unless ail pre-shipment and quarantine requirements have been met. Landing or arrival of dogs, cats, and other carnivores for purposes of inspection shall not constitute entry into the State for any purpose whatsoever. No dogs, cats, or other carnivores shall be allowed to enter the State except after inspection, or after inspection and quarantine, by the department or agent designated by the department. Every carrier, owner, handler, or other person causing dogs, cats, or other carnivores to arrive in the State shall be required to present the animals to the department or agent designated by the department for inspection immediately upon arrival. No effects of dogs, cats, and other carnivores that accompany such animals shall be brought into the State unless inspected and passed by an inspector or agent designated by the department.

History

[Eff 03/18/93; am and comp 05/23/97; comp 07/10/00; comp 06/30/03; comp 02/12/04; am and comp 10/31/05; am and comp SEP 28 2009] (Auth: HRS § 142-2) (Imp: HRS §§ 142-4, 142-5, 142-8, 705-500)

Haw. Code R. § 4-29-5 Arrival ports

(a) Dogs, cats, and other carnivores which are subject to quarantine pursuant to section 4-29-9 or inspection pursuant to section 4-29-22 shall be landed at a port or airport on the island of Oahu or a port or airport approved by the department that has facilities and an agent designated by the department to process dogs and cats for entry.

(b) Dogs, cats, and other carnivores to be quarantined at the quarantine station or to be inspected pursuant to section 4-29-22 who arrive at neighbor island ports or airports not approved by the department shall be shipped to the island of Oahu at the owner's expense on the first available aircraft.

(c) To land a dog, cat, or other carnivore at a neighbor island port or airport approved by the department, the animal owner, shipper, or handler shall:

(1) Meet the requirements of sections 4-29-8, 4-29-8.1, and 4-29-8.2 for direct airport release for each animal except that all required documents shall be submitted to the department no less than thirty days before the arrival date;

(2) Submit a request for a Neighbor Island Inspection Permit to the department no less than thirty days before the arrival date;

(3) Contract with an agent approved by the department to inspect and release each animal upon arrival; and

(4) Possess a valid Neighbor Island Inspection Permit issued by the department for each animal.

(d) Dogs, cats, and other carnivores arriving or landing at neighbor island ports or airports without a valid Neighbor Island Inspection Permit issued by the department shall be transported out of the State or quarantined and transported to the Honolulu International Airport at the carrier's expense on the first available aircraft.

(e) Dogs, cats, and other carnivores aboard transiting private and commercial vessels are subject to section 4-29-7.

History

[Eff 03/18/93; am and comp 05/23/97; am and comp 07/10/00; comp 06/30/03; am and comp 02/12/04; am and comp 10/31/05; am and comp SEP 28 2009] (Auth: HRS § 142-2) (Imp: HRS §§ 142-3, 142-4, 142-5)

Haw. Code R. § 4-29-6 Carrier responsibility

The local manager, agent, handler, crew, or captain of any carrier arriving in the State with dogs, cats, or other carnivores on board shall:

(1) Immediately upon arrival furnish the inspector or agent designated by the department a shipmaster's declaration listing the number of dogs, cats, and other carnivores carried on board; the names and addresses of the owners, importers, consignors, and consignees, if any; and the port of origin. In addition, all deaths and injuries of animals occurring en route shall be described on this form as required by the division of animal industry;

(2) Immediately upon arrival, deliver dogs, cats, and other carnivores destined for entry to the inspector at the Honolulu International Airport or an agent or facility designated by the department at an approved port or, if arriving by boat, confine the animals on board that vessel in secure, escape-proof crates for arrival inspection or quarantine, and shall maintain custody of the animals at all times;

(3) Confine dogs, cats, and other carnivores not destined for entry on shipboard, at the airline cargo office, or at the animal port, in secure crates or cages within a locked, escape-proof room or compartment; provided that:

(A) No other dogs, cats, or other carnivores shall be allowed on board except for shipment to a port outside the State of Hawaii. When the animals are placed on board the carrier for shipment to a port outside the State, they shall be confined and shall not thereafter be removed from the carrier except as directed by an inspector;

(B) In the event of delivery to the animal quarantine station, the time spent on board or in an airline cargo office or the animal port shall not be credited against the quarantine period; and

(C) Carriers shall retrieve all animals under quarantine for shipment to a port outside the State from a state-designated facility and safeguard all such animals until the carrier transport craft departs the State; and

(4) Section 4-29-5 shall apply with respect to neighbor island ports and airports. Carriers shall not transport a dog or cat directly to a neighbor island port or airport from outside the state of Hawaii without a valid Neighbor Island Inspection Permit (NUP) issued by the Department of Agriculture.

History

[Eff 03/18/93; am and comp 05/23/97; comp 07/10/00; comp 06/30/03; comp 02/12/04; am and comp 10/31/05; am and comp SEP 28 2009] (Auth: HRS § 142-2) (Imp: HRS §§ 142-3, 142-47, 142-8)

Haw. Code R. § 4-29-7 Transiting private and commercial vessel responsibility

(a) Dogs, cats, and other carnivores aboard a transiting private or commercial vessel in Hawaiian waters may be permitted by an inspector to remain on board no longer than forty-eight hours after the vessel is first anchored, moored, or docked in the Hawaiian Islands except that animals subject to quarantine may be allowed to remain on board for up to ten days when the requirements of section 4-29-7.1 are met. For purposes of this subchapter, a transiting vessel is any vessel in Hawaiian waters whose owner, captain, or other person in charge intends that the vessel will remain in Hawaiian waters less than ten calendar days, and Hawaiian waters are those waters over which the State of Hawaii has jurisdiction.

(b) The owner, captain, or other person in charge of a transiting private or commercial vessel subject to this section with dogs, cats, or other carnivores on board remaining in Hawaiian waters less than forty-eight hours after the vessel is first anchored, moored, or docked in the Hawaiian Islands shall submit a signed statement witnessed by an inspector and attached to the shipmaster's declaration attesting that the animals in question shall be securely confined on board the vessel at all times during the period the vessel remains in Hawaiian waters, and that no other dogs, cats, or other carnivores will be allowed aboard the vessel during the time it is in Hawaii.

(c) Computation of the forty-eight-hour period shall begin at the time the vessel first docks, anchors, or moors in the Hawaiian Islands regardless of the number of ports to be visited.

(d) If the vessel is still in Hawaiian waters or at a port within the State after forty-eight hours, all dogs, cats, and other carnivores on board shall be transported to the animal quarantine station.

(e) If the forty-eight-hour period expires while the vessel is at sea moving from one port to another, the state veterinarian shall be notified immediately upon arrival at the next port of call and arrangements shall be made by the owner, captain, or other person in charge of the vessel to transport the animal to the animal quarantine station.

(f) The state veterinarian may impound any dog, cat, or other carnivore permitted to remain on board a vessel under this section, and may order the animal quarantined for failure to comply with any requirement of this section. The time elapsed between arrival of the vessel and the impoundment shall not be credited against the period of quarantine.

(1) Animals impounded on neighbor islands shall be transported by air to the port at the Honolulu International Airport and, from there, to the animal quarantine station.

(2) The owner, captain, or other person in charge of the vessel shall be responsible for all airline fees and all costs connected with investigation, impoundment, and ground transportation.

(g) To retrieve an impounded animal for departure from the State, the owner, captain, or other person in charge of the vessel shall submit a letter to the animal quarantine manager describing all animals held in quarantine at the quarantine station that he or she wishes to retrieve for departure and give the day and time of departure from the State. The letter shall be received forty-eight hours in advance of the requested release time. The animals described in the letter shall be delivered directly to the vessel by an inspector. All arrangements shall be approved by the manager and a fee shall be charged for the delivery of the animals to the vessel as provided in section 4-29-17.

(1) Delivery shall be scheduled during the hours of 10:00 a.m. to 4:00 p.m., except for good cause.

(2) Any delivery made between 4:00 p.m. and 10:00 a.m. shall incur overtime fees and fringe benefit expenses at the state rates in addition to the delivery fee.

History

[Eff 03/18/93; am and comp 05/23/97; am and comp 07/10/00; comp 06/30/03; am and comp 02/12/04; comp 10/31/05; am and comp SEP 28 2009] (Auth: HRS § 142-2) (Imp: HRS §§ 142-3, 142-4, 142-8)

Haw. Code R. § 4-29-7.1 Requirements for dogs, cats, and other carnivores to remain on board a transiting private or commercial vessel for up to ten days

(a) Dogs, cats, and other carnivores aboard a transiting private or commercial vessel in Hawaiian waters may be permitted by an inspector to remain on board no longer than ten days after the vessel is first anchored, moored, or docked in the Hawaiian Islands, provided the transiting private or commercial vessel has a professional security agent or security service on board, or provides a special duty police officer at the docking location twenty-four hours a day to ensure that animals subject to quarantine remain on board the vessel.

(b) The owner, captain, or other person in charge of a transiting private or commercial vessel with dogs, cats, or other carnivores on board remaining in Hawaiian waters less than ten days after the vessel is first anchored, moored, or docked in the Hawaiian Islands shall submit a signed statement witnessed by an inspector and attached to the shipmaster's declaration attesting that the animals in question shall be securely confined within a locked, escape-proof room or compartment on board the vessel at all times during the period the vessel remains in port and that no other dogs, cats, or other carnivores will be allowed aboard the vessel during the time it is in Hawaii.

(c) Computation of the ten-day period shall begin at the time the vessel first docks, anchors, or moors in the Hawaiian Islands regardless of the number of ports to be visited. The day of arrival shall be counted as one of the ten days, regardless of the hour of arrival, and the tenth day shall expire at midnight on the tenth calendar day after arrival.

(d) If the vessel is still in Hawaiian waters or at a port within the State after ten days, all dogs, cats, or other carnivores on board shall be transported to or from the animal quarantine station pursuant to section 4-29-7(e), (f), and (g).

History

[Eff and comp 07/10/00; am and comp 06/30/03; am and comp 02/12/04; comp 10/31/05; am and comp SEP 28 2009] (Auth: HRS § 142-2) (Imp: HRS §§ 142-3, 142-4, 142-8)

Haw. Code R. § 4-29-8 Pre-shipment requirements

No dogs, cats, or other carnivores shall be granted entry into the State unless the following requirements are met:

(1) Health certificates. Dogs, cats, and other carnivores shall be accompanied by an original, valid health certificate issued by a veterinarian not more than fourteen days before arrival. The health certificate shall:

(A) Give a complete description of the animal including age, markings, identification numbers, sex, and breed;

(B) Declare that the animal was treated to kill all ticks by a product containing fipronil or other tick control product with similar residual activity except when a veterinarian provides a written statement that such treatment may be detrimental to the animal's health;

(D) State that the animal was found to be free of external and intestinal parasites within fourteen days of arrival;

(E) Certify all requirements in paragraphs (2) to (5);

(F) Declare that the animal described has been inspected and appears to be free of any infectious or contagious diseases and, to the best of the issuing veterinarian's knowledge, exposure thereto;

(G) Contain a certification by the issuing veterinarian that the animal described has met all pre-shipment requirements;

(H) Contain an electronic microchip number for five-day or less quarantine qualification;

(I) Contain an original signature and legible name, address, and telephone number for the certifying veterinarian; and

(J) Be written in English;

(K) Have the product name, lot or serial number, and expiration date of the vaccine used listed on the health certificate;

(2) Rabies vaccination and general requirements. All dogs and cats ninety days of age or older at the time of arrival shall be vaccinated against rabies with an approved inactivated or live recombinant rabies vaccine as described in this section or in sections 4-29-8.1 and 4-29-8.2. All dogs and cats shall:

(A) Be vaccinated with an inactivated or live recombinant rabies vaccine that has been licensed by the United States Department of Agriculture or equivalent foreign government agency when the vaccine is administered outside the United States; and

(B) Have the product name, lot or serial number, and expiration date of the vaccine used listed on the health certificate;

(3) Other dog vaccinations. Dogs ninety days of age or older at the time of arrival shall be vaccinated not less than ten days and not more than the manufacturer's recommended booster interval prior to arrival against:

(A) Canine distemper virus;

(B) Canine infectious hepatitis virus or canine adenovirus-2;

(D) Canine parainfluenza virus; and

(E) Bordetella bronchiseptica (kennel cough);

(4) Other cat vaccinations. Cats ninety days of age or older at the time of arrival shall be vaccinated not less than ten days and not more than the manufacturer's recommended booster interval prior to arrival against:

(A) Feline panleukopenia virus (feline viral enteritis);

(B) Feline viral rhinotracheitis (feline herpesvirus-1);

(D) Chlamydia psittaci (pneumonitis);

(5) No pregnant dog or cat beyond forty-five days gestation shall be accepted into the quarantine station;

(6) Dogs, cats, and other carnivores residing in the State, and traveling outside the State, shall comply with all entry requirements set forth in this chapter prior to and upon reentry into the State with the exception of animals subject to section 4-29-15.1;

(7) Other carnivores. Species of the order carnivora other than dogs and cats must meet and comply with entry requirements of other departments or agencies. Hybrids between dogs and cats and other species must meet and comply with entry requirements of other departments or agencies;

(8) Carrier responsibility. All carriers that transport any dogs, cats, or other carnivores into the State shall ensure that all preshipment requirements are met before arrival. The captain of the transport carrier, whether commercial, private, or military, or the transport carrier's owner, manager, supervisor, or person in charge, shall ensure that all preshipment requirements have been met for incoming dogs, cats, and other carnivores; and

(9) Failure to comply. The owner, consignee, handler, or carrier shall pay all expenses including private veterinary examinations, vaccinations, hospitalization, testing, medication, treatment, transportation, and returned shipments to shipper or consignor for animals failing to meet preshipment requirements.

History

[Eff 03/18/93; am and comp 05/23/97; am 07/12/99; am and comp 07/10/00; am and comp 06/30/03; am and comp 02/12/04; am and comp 10/31/05; am and comp SEP 28 2009] (Auth: HRS § 142-2) (Imp: HRS §§ 142-3, 142-4.5)

Haw. Code R. § 4-29-8.1 Other requirements

(a) To qualify for a quarantine of five days or less, quarantine animals shall;

(1) Prior to arrival, have a minimum of two vaccinations with an inactivated or live recombinant rabies vaccine licensed by the United States Department of Agriculture or equivalent foreign government agency when the vaccine is administered outside the United States; provided that:

(A) If an animal has not been previously vaccinated for rabies, the age at primary vaccination shall be in accordance with the manufacturer's specifications on the product label or package insert;

(B) The second vaccination shall be administered not less than thirty days following the first vaccination, and the second vaccination or subsequent vaccination shall be administered not less than thirty days and not more than the vaccine's licensed booster interval listed on the manufacturer's label prior to arrival;

(C) For an animal with three or more rabies vaccinations, the most recent vaccine may be administered less than thirty days prior to arrival provided the vaccination is administered before the end of the booster interval of the previous vaccination and the vaccination requirements to qualify for a quarantine of five days or less pursuant to subparagraph (B) are met; and

(D) For the most recent vaccinations, the product name, booster interval, and date of vaccination shall be listed on the health certificate;

(2) Be identified by an implanted microchip and microchip number of a brand of implanted microchip approved by the division. The owner is responsible for registering the microchip number with the local county humane society or animal welfare organization where the animal is located in Hawaii. For the purposes of this chapter, a microchip shall be obtained from a private source except that a microchip may be obtained from the division for dogs and cats originating outside the United States. The brand of microchip from a private source shall be pre-approved for use by the division and have a unique numeric or alpha numeric numbering system. The microchip number shall be included on the health certificate accompanying the animal and on the laboratory results of the pre-shipment OIE rabies virus antibody (OIE-RVA) test. It shall be the owner's responsibility to have the microchip implanted by the manufacturer's prescribed method prior to submission of the pre-shipment OIE-RVA test. A microchip may be obtained from the division for dogs and cats originating outside the United States by submitting a properly completed Microchip Request Form (AQS-73). Prepayment is required for the microchip obtained from the State, including shipping and handling, and shall be by credit card, money order, cashier's check, or bank draft; and

(3) Be tested by the OIE-RVA test by a testing laboratory approved by the board not less than thirty days and not more than thirty-six months prior to arrival to qualify for five-day or less quarantine; provided that:

(A) The serum shall contain at least 0.50 I.U. per milliliter of rabies antibodies;

(B) The testing laboratory shall report the test results directly to the division; and

(C) Identification of the OIE- RVA test blood sample shall include the number of the implanted microchip, the name of the owner, and description of the animal, which shall include breed, sex, color, markings, and any visible physical characteristics. Test results shall not be considered valid unless all information listed in this subparagraph is present on the laboratory report.

(b) Arrival before qualification date. Animals that arrive one hundred twenty days or less before their qualification date for entry shall be placed in quarantine for the remaining period to meet pre-arrival requirements for five-day or less quarantine qualification. The pre-arrival waiting period begins when the most recent pre-arrival blood sample giving a test result of 0.50 I.U. or greater is received by an approved testing laboratory.

(c) Reduction of thirty-day waiting period based on multiple OIE-RVA tests. Animals that arrive less than thirty days after an OIE-RVA test may qualify for five-day or less quarantine when the following requirements are met:

(1) An animal had two or more OIE-RVA tests with test results of 0.50 I.U. or greater;

(2) The most recent OIE-RVA test was done within thirty-six months of a previous OIE-RVA test with a test result of 0.50 I.U. or greater, and within thirty-six months of arrival;

(3) The previous OIE-RVA test was done not less than thirty days prior to arrival; and

(4) The OIE-RVA tests used for qualification meet the requirements of subsection (a)(3)(A) to (C).

(d) Release from five-day quarantine. Animals may be released from five days quarantine when all required documents for five-day quarantine qualification are received and verified by the department. To qualify for direct release from the Airport Animal Quarantine Holding Facility at the Honolulu International Airport or port approved by the department, the following requirements shall be met:

(1) Vaccination documents required for qualification for five-day quarantine containing an original signature and legible name, address, and telephone number for the certifying veterinarian are submitted to the department at least ten days before the animal's arrival in Hawaii;

(2) A written notice of the port, date, and time of arrival and including the number of the implanted electronic microchip, name of the owner and name of the pet shall be submitted to the department at least ten days prior to arrival for Oahu arrivals and section 4-29-5 shall apply for arrivals at a neighbor island;

(3) A valid health certificate according to section 4-29-8(1) is submitted before entry or upon entry; and

(4) Fees are paid in full.

(e) Direct release of dogs and cats from the Airport Animal Quarantine Holding Facility shall occur only during regular inspection hours and may be suspended when required by airport security advisories.

(f) Failure to comply. Dogs and cats shall be subject to one hundred twenty days quarantine if pre-shipment requirements of this section are not met. Extension of five-day quarantine shall occur if required documents are not submitted prior to a scheduled release date. The animal shall remain confined at a quarantine station or approved veterinary hospital under compliance or for one hundred twenty days.

History

[Eff and comp 05/23/97; am 07/12/99; am and comp 07/10/00; am and comp 06/30/03; am and comp 02/12/04; am and comp 10/31/05; am and comp SEP 28 2009] (Auth: HRS § 142-2) (Imp: HRS §§ 142-3, 142-4.5)

Haw. Code R. § 4-29-8.2 Movement of dogs and cats originating in Hawaii

(a) Dogs and cats moving from Hawaii to other destinations are subject to the requirements of this chapter. To qualify for five days or less quarantine upon return to Hawaii, dogs and cats originating in Hawaii shall:

(1) Be accompanied by an original, valid health certificate issued by a veterinarian not more than fourteen days before arrival according to section 4-29-8(1);

(2) Prior to departure have a minimum of two vaccinations with an inactivated or live recombinant rabies vaccine licensed by the United States Department of Agriculture or equivalent foreign government agency when the vaccine is administered outside the United States provided that:

(A) If an animal has not been previously vaccinated for rabies, the age at primary vaccination shall be in accordance with the manufacturer's specifications on the product label or package insert;

(B) The second vaccination shall be administered not less than thirty days following the first vaccination, and the second vaccination or subsequent vaccination shall be administered not less than fourteen days before departure and not more than the vaccine's licensed duration listed on the manufacturer's label prior to arrival;

(C) In instances where an animal has had three or more rabies vaccinations, the most recent vaccine may be administered less than fourteen days prior to departure from Hawaii providing it is administered before the end of the booster interval of a previous vaccine and two other vaccinations meet the requirement of subparagraph (B) and

(D) For the most recent vaccinations, the product name, booster interval and date of vaccination shall be listed on the health certificate;

(3) Be identified by an implanted microchip and microchip number according to section 4-29-8.1(a)(2);

(4) Be tested by the OIE-RVA test by a laboratory approved by the board not less than fourteen days before departure and not more than thirty-six months prior to arrival to qualify for five-day or less quarantine provided that:

(A) The serum shall contain at least 0.50 I.U. per milliliter of rabies antibodies;

(B) The testing laboratory shall report the test results directly to the division; and

(C) Identification of the OIE-RVA test blood sample shall include the number of the implanted microchip, the name of the owner, and description of the animal, which shall include breed, sex, color, markings, and any visible physical characteristics. Test results shall not be considered valid unless all information listed in this subparagraph is present on the laboratory report; and

(5) Release from five days quarantine or direct release from the Honolulu International Airport or port approved by the department shall be in accordance with section 4-29-8.1(d), except that the health certificate issued in Hawaii used for a resident animal's initial departure shall be provided prior to or upon return to Hawaii to verify residency. The health certificate shall provide the animal's Hawaii address and departure date.

(b) Animals that depart Hawaii less than fourteen days after a successful OfE-RVA test may qualify for the five-day or less quarantine in instances when: the animal has had two or more rabies OIE-RVA tests; the most recent OIE-RVA test performed by a testing laboratory approved by the board is done less than thirty-six months after the prior OIE-RVA test; and the OIE-RVA test meets the requirement of subsection (a)(4)(A) through (C).

(c) Second or subsequent entries. The most recent rabies vaccination shall be valid for entry for the vaccine's booster interval listed on the manufacturer's label, and the most recent OIE-RVA test having a result of 0.50 I.U. or greater shall be valid for entry for thirty-six months. If the most recent rabies vaccination or OIE-RVA test result becomes invalid for entry when a dog or cat is outside of the State of Hawaii, the requirements of section 4-29-8.1 shall be met for entry and this section shall not apply. To qualify for direct airport release from the Airport Animal Quarantine Holding Facility or port approved by the department with second or subsequent entries the following requirements shall be met:

(1) A written notification of the port, date, and time of arrival and including the number of the implanted electronic microchip, name of the owner, and name of the pet shall be submitted to the department at least ten days prior to arrival for Oahu arrivals and section 4-29-5 shall apply for arrival at a neighbor island;

(2) A valid health certificate according to section 4-29-8(1) is submitted before entry or upon entry;

(3) Fees are paid in full; and

(4) Provisions of section 4-29-5 for neighbor island release.

(d) Failure to comply. Dogs and cats shall be subject to quarantine of up to one hundred twenty days if entry requirements of this section are not met. For five days or less quarantine, extension of quarantine shall occur if required documents are not submitted prior to a scheduled release date.

History

[Eff 02/12/04; am and comp 10/31/05; am and comp 10/31/05; am and comp SEP 28 2009] (Auth: HRS § 142-2) (Imp: HRS §§ 142-3, 142-4.5)

Haw. Code R. § 4-29-8.3 Movement of dogs and cats requiring urgent diagnostic, medical or surgical procedures not available in Hawaii

(a) Upon the recommendation of a Hawaii licensed veterinarian, a dog or cat may be transported out of state for the purpose of receiving specialized veterinary diagnostic, medical, or surgical procedures performed by a Diplomat in a Specialty Board recognized by the American Veterinary Medical Association and may be allowed to return to Hawaii without quarantine if the following requirements are met:

(1) The Hawaii licensed veterinarian referring the dog or cat for a procedure shall submit a written request to the Animal Quarantine Manager prior to the animal's departure from Hawaii. The information contained in the request shall include:

(A) Identification of the animal, including its age, sex, breed, physical description, and microchip number;

(B) Owner information, including name, address, e-mail address, and telephone number;

(D) Medical justification for the out-of-state referral; and

(E) Information regarding the out-of-state treating veterinary facility, including its name, address, e-mail address, and telephone number and the name, address, e-mail address, and telephone number of the Diplomat who will perform the specialized procedure;

(2) The attending veterinarian performing the specialized procedure is a Diplomat in a Specialty Board recognized by the American Veterinary Medical Association in the area of veterinary medicine related to the specialized procedure that will be performed on the dog or cat;

(3) Prior to the dog or cat's return to Hawaii, the treating veterinarian shall provide a written report to the Animal Quarantine Manager containing a complete description of the treatment administered, the date and time of the animal's admission and discharge, and a statement concerning whether the dog or cat had any physical contact with any other animal at the treating veterinary facility; and

(4) The dog or cat shall be:

(A) Implanted with an electronic microchip and microchip number according to section 4-29-8.1(a)(2);

(B) Vaccinated with an inactivated or live recombinant rabies vaccine that has been licensed by the United States Department of Agriculture and have the product name, lot or serial number, and expiration date of the vaccine used listed along with the microchip number, on the health certificate used for departure from Hawaii;

(C) Transported directly to, and from, the referral veterinary university hospital or veterinary specialty practice from the closest available airport in an approved transport carrier;

(D) Confined within the veterinary hospital for the entire treatment and recovery period and immediately returned to Hawaii following hospital discharge;

(E) Examined or treated by a Diplomat certified to perform the needed diagnostic, medical or surgical procedure not available in Hawaii;

(F) Accompanied by an original, valid health certificate as specified in section 4-29-8;

(G) Prevented from having contact with any other animal from the time it departs the State until after it is inspected and released upon return to Hawaii;

(H) Treated with an ectoparasiticide according to section 4-29-8(1)(B);and

(I) Accompanied by an owner affidavit attesting that the animal did not have contact with any other animal from the time of Hawaii departure until return.

(b) On an individual basis upon the recommendation of the state veterinarian and approval by the chairperson, dog or cat tissues may be transported out of state for the purpose of specialized cloning procedures and the resulting clone animal from that tissue may be allowed to return to Hawaii without quarantine under an Import Permit if the following requirements are met:

(1) The cloning facility does not contain live rabies virus, no live rabies virus has been contained in the facility for at least the previous five years, and no cases of rabies have occurred in the facility;

(2) The facility is closed and has security measures equal to or better than that of the state quarantine station;

(3) The facility is located in the United States or an area exempt from quarantine under section 4-29-10;

(4) Brood stock are vaccinated for rabies with a product pursuant to 4-29-8.2;

(5) An owner importer shall sign and request an Import Permit for a cloned animal in writing from the animal quarantine manager that includes the name and address of the cloning facility, cloning facility veterinarian, and medical history of the cloning procedure and pertinent dates, broodstock, tissue donor, breed, name, age, sex, and color of the animal for which the permit is requested, the owner's name, local address, and telephone number, and requested import date;

(6) The animal is accompanied by an affidavit from the clone facility veterinarian attesting that the animal did not have contact with any other animal within fourteen days immediately before transport and is free of infectious disease;

(7) The owner importer shall agree in writing, before the animal enters the State, to assume all liability in connection with, and to defend and indemnify the State or any county of the State against all charges, claims, suits, and costs resulting from the importation of the clone animal;

(8) The clone animal originated and spent its entire time in the same cloning facility;

(9) The animal is transported directly from the clone facility and from the closest available airport in an approved transport carrier;

(10) The animal is accompanied by an original, valid health certificate as specified in section 4-29-8(1);

(11) The animal is prevented from having contact with any other animal from the time it departs the clone facility until after it is inspected and released upon arrival in Hawaii;

(12) The animal is treated with an ectoparasiticide according to section 4-29-8(1)(B);

(13) The animal is vaccinated for rabies according to the vaccine manufacturer's directions;

(14) The animal is accompanied by an owner affidavit attesting that the animal did not have contact with any other animal from the time the animal departed the clone facility until after it is inspected and released upon arrival in Hawaii;

(15) The animal is subject to inspection pursuant to section 4-29-4; and

(16) This subsection shall only apply to the clone animal's initial entry into the State directly from the clone facility and is not applicable to subsequent entries into the State.

(c) Failure to comply. Dogs and cats shall be subject to quarantine of up to one hundred twenty days if the requirements of this section are not met.

History

Eff and comp 2/12/2016 (Auth: HRS § 142-2) (Imp: HRS §§ 142-3, 142-4.5)

Subchapter 3 QUARANTINE

Haw. Code R. § 4-29-9 Post-shipment requirements and quarantine

(a) Dogs, cats, and other carnivores originating from the United States or any area not designated by the board as exempt pursuant to section 4-29-10 shall, upon arrival, be confined in the quarantine station or in a satellite quarantine station for a period of not more than one hundred twenty days to prevent the introduction of rabies. The first quarantine day shall be the day following the date of animal arrival into the State.

(b) Prior to entry into the State, dogs, cats, and other carnivores may be treated with an approved external parasite insecticide at the discretion of the state veterinarian except when a veterinarian provides a written statement that the use of such an insecticide may be detrimental to the animal's health.

(c) Failure to meet all pre-shipment and post-shipment requirements may result in refused entry or one hundred twenty days quarantine.

History

[Eff 03/18/93; am and comp 05/23/97; comp 07/10/00; am and comp 06/30/03; am and comp 02/12/04; comp 10/31/05; comp SEP 28 2009] (Auth: HRS § 142-2) (Imp: HRS § 142-6)

Haw. Code R. § 4-29-10 Exemption from quarantine

(a) The following areas are designated as exempt for the purposes of this section: the British Isles, Guam, Australia, and New Zealand. In order to qualify for or retain exempt status, an area shall:

(1) Remain free of terrestrial rabies; and

(2) Maintain stringent entry and quarantine requirements to prevent the introduction of rabies that are equal to or more stringent than those of the State.

(b) An exempt area shall be removed from the list by the board if it is shown that the area has not remained free of terrestrial rabies or has not maintained the entry and quarantine requirements pursuant to subsection (a)(1) and (2).

(c) All dogs, cats, and other carnivores originating from the countries and United States territories listed in subsection (a) shall be exempt from quarantine upon arrival, provided:

(1) The animals are transported in the same aircraft from port of origin to the Honolulu International Airport or a port approved by the department on a neighbor island, or none of the animals consigned to Hawaii or ports beyond Hawaii are off-loaded en route to Hawaii from the country or United States territory of origin, except that off-loading may be permitted to transfer the animal to another aircraft under the following conditions only:

(A) The off-loading, transfer, and placement on the next aircraft must be directly supervised by the officer in charge of either aircraft;

(B) The officer in charge shall certify in writing that the animal in transit did not come into physical contact with any other animal;

(C) The officer in charge shall be identified on the certification by name, position, title, airline name, business address, and phone number; and

(D) The certification shall state the exact date, time, aircraft, and flight number for both the arriving and departing aircraft;

(2) The animals destined for Hawaii are accompanied by the following documents:

(A) A health certificate, issued by a veterinarian holding a current appointment as an officer of the government of the country or United States territory of origin certifying that each animal described was examined and found free of external parasites and symptoms of transmissible disease not more than fourteen days before shipment;

(B) An affidavit executed by the owner or consignor of the animal certifying that the animal was not outside the country or United States territory of origin during the six-month period immediately preceding the date of shipment except that animals may travel to exempt areas listed in this section or to Hawaii during this six-month period. The affidavit shall include the name of the airline, flight number, and scheduled date of departure of the aircraft aboard which the animal is to be transported to Hawaii; and

(C) An affidavit executed by the captain of the aircraft or the senior station official of the airlines based in Hawaii attesting that the animal transported to Hawaii from the exempt area was:

(i) Transported from the country of origin in one aircraft, except as provided in this paragraph; and

(ii) Not off-loaded at any intermediate point for any purpose except as provided by this paragraph;

(3) The animals are shipped in containers that are sealed by an official government numeric or alphanumeric seal in such a manner that removal of the animals will break the seal;

(4) All animals on the vessel shall be inspected by the station veterinarian or inspector at the time of arrival and shall be subject to treatment for external parasites as provided in section 4-29-9. Any indication of a transmissible disease in any of the animals in the shipment at the time of inspection shall be sufficient reason to quarantine all of the animals at the quarantine station; and

(5) All dogs, cats, and other carnivores transported into the State by military aircraft shall be governed by this section. Failure to comply with this section, shall subject the animal in question to quarantine for a period not exceeding one hundred twenty days.

History

[Eff 03/18/93; am and comp 05/23/97; comp 07/10/00; am and comp 06/30/03; comp 02/12/04; comp 10/31/05; am and comp SEP 28 2009] (Auth: HRS § 142-2) (Imp: HRS § 142-2)

Subchapter 4 ANIMAL QUARANTINE STATIONS

Haw. Code R. § 4-29-11 The state animal quarantine station

(a) Animal quarantine manage responsibilities and authority.

(1) Animals, once placed in quarantine, shall be under the custody and supervision of the manager and shall not be separated, moved, interfered with in any way, nor removed from the quarantine station or its related facilities such as the airport holding facility and animal port, transporting vehicles, or satellite quarantine stations and veterinary hospitals except with the manager's permission;

(2) The manager and division administrator may deny admission to the quarantine station to any person who: is not listed as an owner, co-owner, registered handler, or authorized visitor on the record of an animal quarantined in the quarantine station; violates this chapter or chapter 142, HRS; disrupts or impedes the activities of the department's employees or of animal owners, visitors, co-owners, or groomers; or behaves in any manner detrimental to the operation of the station or to the animals confined there;

(3) The state veterinarian and the manager shall have exclusive authority to;

(A) Release an animal from quarantine when in compliance with provisions of this chapter, or for export prior to the end of the quarantine period;

(B) Allow transport of an animal from the quarantine station to a satellite quarantine station or approved private veterinary hospital for five days quarantine after all requirements for five days quarantine qualification are met; and

(C) Extend the quarantine by ten days for a quarantined animal that bites another animal, or that bites a human being, within ten days before scheduled release, or when clinical signs of neurological disease exist.

(b) Owner responsibilities.

(1) Owners shall provide emergency contact telephone numbers and addresses where the owner or another responsible person can be located during emergencies. Post office box addresses shall not be used for this purpose;

(2) Owners may designate co-owners or visitors in writing by appearing in person at the quarantine station office or by submitting a document with a notarized acknowledgement identifying authorized co-owners or visitors. The designations shall remain in force during the duration of quarantine unless revoked. Individuals not designated in accordance with this section shall be refused entry into the station. Revocation of a registered name of a co-owner shall be only by the person who originally designated the co-owner, by similar means as the original designation, or by the person designated;

(3) Owners or co-owners may elect to assume complete care of their animals after payment of all fees and five days of quarantine are completed. The complete care owner shall sign an agreement with the State indicating that the owner accepts full responsibility for the feeding, sanitation, medicating, health, and grooming of animals as well as for the sanitation of the animal's kennel;

(4) Any person who fails to comply with the requirements of this section may be denied access to the station, at the sole discretion of the manager.

(1) The board shall set the visiting and grooming hours of the quarantine station;

(2) Owners wishing to visit or remove animals from the station shall, upon request, present identification acceptable to the manager, such as a picture or signature identification, prior to admittance, or upon removal of animals from the quarantine station. The manager may deny admission to any person who fails to present acceptable identification upon request, until such time as the person is able to present acceptable identification;

(3) Owners shall be permitted no more than three guests, other than members of the owner's immediate family. While visiting, each owner is responsible for all guests' compliance with these rules;

(4) While on the premises owners, co-owners, visitors, and guests shall go directly to their pet's kennel, Other than their own, owners, co-owners, visitors, and guests shall not touch or feed any animal confined to the quarantine station;

(5) Minors may be admitted to the station premises only in the company of an adult who shall be responsible for the minor's behavior and safety; exceptions may be made for good cause by the manager;

(6) Persons allowed in the station shall not interfere in any way with the operation of the station and shall not disturb the animals confined there.

(d) Animal health and grooming.

(1) The health and grooming of quarantined animals are the responsibility of the owner and co-owner;

(2) Expenses incurred at any private veterinary hospital are the responsibility of the owner and co-owner;

(3) Station veterinarians shall have the authority to medicate and treat animals to prevent the spread of infectious or contagious diseases, parasites, or to provide comfort to affected animals, and to refer an animal to a veterinary facility for diagnostics and treatment not available at the station with or without prior owner authorization or approval. In this instance the owner is responsible for all fees due to the veterinary facility;

(4) Appointments for pet grooming at grooming stations are limited to two appointments during the morning per pet per week; exceptions may be made for good cause by the manager or station veterinarian;

(5) Grooming appointments shall be scheduled a minimum of twenty-four hours in advance;

(6) Groomers may have access to animals during the morning hours designated by the board to groom those animals with whose owners they have an agreement for care;

(7) Quarantine station employees shall apply or administer only medications prescribed by a licensed veterinarian;

(8) Owners and co-owners may apply and administer medications to their own animals upon written notification to the station veterinarian;

(9) All disinfectants, pesticides, and other chemicals, together with a description of their intended use, shall be approved by the manager or station veterinarian prior to application by any owner or co-owner;

(10) Except in emergencies, owners or co-owners are allowed in the veterinary dispensary only during posted hours;

(11) Walking animals outside of kennels, except by appointment to pet grooming stations, is not allowed; for good cause exceptions maybe made by the manager or station veterinarian. Permission to walk, either once or twice a day, is restricted to dogs with medical conditions documented in writing by a private veterinarian, after consultation with a station veterinarian;

(12) The cadaver of any quarantined dog, cat, or other carnivore which dies at the quarantine station or an approved hospital shall be examined by necropsy and be incinerated under the supervision of the State.

(e) Complete care. Complete care owners and co-owners may have access to animals at the quarantine station during morning grooming hours for the purpose of providing care to their own animals. Access to the station may be denied, at any time and without hearing, for failure to comply with this chapter. The State assumes no liability for the actions or omissions of the complete care owners, co-owners, and groomers and is not responsible for monitoring their activities except as described in this section. Complete care owners and co-owners shall:

(1) Provide daily complete care during grooming hours, designated by the board, each morning, releasing the State from any responsibility for the care of the animal;

(2) Maintain sanitary conditions in kennels by removing waste daily during morning grooming hours and during afternoon visiting hours, and dispose of the waste in accordance with the quarantine station procedures;

(3) Provide daily care to animals that is at least equivalent to the daily care provided by the quarantine station employees;

(4) Provide at least twenty-four hours prior notice to the quarantine station office if they are unable to provide care for their animals for any period of time. In case of emergencies, notice shall be provided as soon as possible;

(5) Provide their own equipment, utensils, and materials to feed their animals and clean and disinfect kennels, except that food shall be furnished by the station unless owners elect to furnish it;

(6) Provide their own cat litter, except that twenty-five pounds of cat litter each month shall be furnished by the station;

(7) Provide flea and tick control for animals and kennels;

(8) Immediately report all sick and injured animals to the station veterinarian;

(9) Remove trash, waste, food, and fecal material from the kennels and dispose of it in accordance with posted quarantine station procedures;

(10) Thoroughly clean and disinfect each vacated kennel immediately upon release of the animal;

(11) Follow medical and dietary instructions given by a station veterinarian unless the animal is under the care of a licensed veterinarian who has directed otherwise in writing;

(12) Wear covered footwear of either rubber or plastic which shall be disinfected after attending to animals in which any parasites or infections have been diagnosed. In the situation of multiple pets, such animals are to be cared for last to reduce the risk of contamination;

(13) Not leave dogs tied to the outside of the kennel;

(14) Not exercise any dog or cat outside of a kennel without written permission from the manager or station veterinarian;

(15) Not move animals to different kennels without authorization from the manager; and

(16) Not in any manner disrupt or interfere with the duties of station employees or any other person within the quarantine station.

(f) General quarantine station rules.

(1) Any person parking in a space designated and marked as a parking space for persons with disabilities shall prominently display a parking placard for persons with disabilities either on the dashboard or visor, so that it is visible through the front windshield. The placard shall not be used by anyone other than the person with a disability to whom it has been issued, unless it is being used in connection with the transportation of a person with a disability;

(2) Reservation of parking spaces is prohibited unless authorized by the manager;

(3) Parking of motor vehicles shall be within marked stalls within the designated parking lot;

(4) The consumption of alcoholic beverages on quarantine station grounds is prohibited;

(5) No animals other than animals being quarantined shall be admitted to the quarantine station premises without approval from the manager;

(6) Articles such as shade cloths, tarps, signs, and similar items must be approved by the manager before they are used within the station. They shall be removed from kennels immediately upon the animal's release unless other arrangements have been made in advance;

(7) Articles for use within kennels such as beds, rubber mats, chairs and chaise lounges, toys, hanging toys, and similar items must be approved by the manager or a designated representative. No item which may, in the judgment of the manager, interfere with proper sanitation or cause a safety hazard shall be placed in kennels;

(8) No advanced reservations of kennels will be accepted;

(9) No person shall advertise on the quarantine station or animal industry grounds, including parking lots, unless written approval is obtained from the state veterinarian or manager;

(10) Any owner, co-owner, visitor, or groomer bitten by a quarantined animal shall immediately report the bite to the manager, giving a complete description of the biting incident and the name and address of the person bitten;

(11) No animal shall remain on the quarantine station premises past its release date except by written permission of the manager. The owner of any animal that remains at the station beyond its release date shall be assessed a daily fee of $17.80 that includes a penalty fee of $3.50 per day.

History

[Eff 03/18/93; am and comp 05/23/97; am and comp 07/10/00; am and comp 06/30/03; am and comp 02/12/04; comp 10/31/05; am and comp SEP 28 2009] (Auth: HRS § 142-2) (Imp: HRS § 142-3)

Haw. Code R. § 4-29-11.1 Animals abandoned in quarantine

An animal shall be considered abandoned if there is no response within thirty days to a certified letter mailed after the animal's release date to the last known address of its owner, or if any animal remains in the quarantine station more than sixty days after the date of scheduled release. The disposition of the abandoned animal shall be at the discretion of the animal quarantine manager and may include placement by adoption or euthanasia.

History

[Eff 02/12/04; comp 10/31/05; comp SEP 28 2009] (Auth: HRS § 142-2) (Imp: HRS § 142-3)

Haw. Code R. § 4-29-12 Satellite animal quarantine stations

(a) No facility may house an animal subject to quarantine imposed by this chapter unless it holds a valid satellite animal quarantine permit issued by the board of agriculture. If the permit is granted, it shall be subject to the condition that the permittee comply with all requirements of this chapter.

(b) To quality for and hold a permit, a satellite quarantine station shall demonstrate that it meets the following requirements:

(1) Each satellite quarantine station shall have written regulations and standard operating procedures equivalent to those of the animal quarantine station relating to the daily care and movement of animals confined to that facility. All new regulations and procedures shall be approved by the state veterinarian before they are implemented;

(2) Employees of the satellite quarantine station shall immediately report all violations of the station's regulations and procedures, escapes, and unauthorized removal of animals, to the state veterinarian;

(3) Each satellite quarantine station shall conduct adequate training sessions for its employees in the recognition of symptoms associated with rabies;

(4) In the event of escape or unauthorized removal of animals from a satellite quarantine station, the satellite quarantine station owner or operator shall be responsible for costs incurred in the investigation and recovery of the animals;

(5) The satellite quarantine station shall be subject to inspection by an inspector twenty-four hours a day;

(6) Only animals subject to quarantine shall be allowed on the premises, except that for satellite stations with mixed uses, only animals subject to quarantine shall be allowed into the quarantine section;

(7) Animal care personnel shall observe animals for signs of illness, injury, and abnormal behavior periodically throughout the day;

(8) Each satellite quarantine station shall provide a level of care at least equal to that of the animal quarantine station;

(9) Each satellite quarantine station shall contract with a veterinarian who shall provide veterinary services to the quarantined animals and who shall:

(A) Be licensed to practice veterinary medicine in the State of Hawaii;

(B) Receive direct supervision from the deputy state veterinarian in that district;

(C) Immediately take steps to preserve the carcasses of animals which have died in quarantine at the satellite station or at an approved hospital, and immediately forward the carcasses to the state veterinary laboratory for post-mortem examination;

(D) Conduct a complete physical examination on each animal upon entry and maintain a complete and current medical record of each animal during the quarantine;

(E) Be responsible for staff training in the proper care of animals confined to quarantine and in recognition of the symptoms associated with rabies;

(F) Complete and submit all necessary reports to the state veterinarian; and

(G) Attend, at personal expense, all quarantine related workshops and seminars as directed by the state veterinarian; and

(10) The satellite quarantine station must have:

(A) A perimeter fence not less than eight feet in height, with a wire mesh size of two inches by two inches or less and wire of no less than nine gauge (dog-proof fencing);

(B) Double door entrances and exits to the quarantine station grounds;

(C) An employee monitoring the entrance and exit of individuals and animals during the posted visiting hours of the particular facility;

(D) An employee on premises during the hours the station is closed to prevent unauthorized removal of quarantined animals or the premises shall have a professionally installed, functional, and certified intruder alert system;

(E) Dog kennels secured and completely enclosed with a material that is capable of preventing escape, is capable of preventing all contact between animals, and is constructed of mesh no larger than two inches by two inches;

(F) Cat kennels secured using a double door system and completely enclosed with a material that is capable of preventing escape and is constructed of mesh no larger than one inch by one inch. Each kennel must also be designed to prevent any contact with animals in adjacent kennels as well as feral animals which may enter the facility;

(G) Approved vector and rodent control programs; and

(H) A fully enclosed area for loading and unloading quarantined animals to prevent animal escape.

(1) Release an animal from completed quarantine at a satellite quarantine station when in compliance with provisions of this chapter, or for export prior to the end of the quarantine period;

(2) Extend the quarantine by ten days for a quarantined animal that bites another animal, or that bites a human being within ten days before scheduled release, or when clinical signs of neurological disease exist; and

(3) Allow transport of an animal from the animal quarantine station to a satellite quarantine station after electronic microchip identification of the animal is verified. Animals not having an electronic microchip that are to be transported to a satellite quarantine station shall have an electronic microchip implanted at the owner's expense.

(d) Quarantined animals at a satellite quarantine station shall not be removed from the facility for any reason without the prior approval of the state veterinarian except under the following conditions:

(1) For emergencies, an animal may be removed to an approved veterinary hospital on the condition that the office of the state veterinarian be notified of such movement as soon as practical; or

(2) Animals may be transported to an approved veterinary hospital for nonemergency medical care on the condition that the office of the state veterinarian be notified of such movements within twenty-four hours of the transport.

(e) Termination. A satellite quarantine station may voluntarily cease to operate only by submitting a letter stating that intention to the state veterinarian at least fourteen days before termination of operations. The chairperson may suspend or revoke an operator's permit at any time without a hearing when there is imminent peril to animal or public health, safety, or welfare. Otherwise, a notice of intent to suspend or revoke an operator's permit shall be issued by the chairperson for failure to comply with this chapter. An operator whose permit is suspended or revoked may request a hearing under section 91-9, HRS, and according to section 4-29-15(b)(9). In the event of voluntary termination or of suspension or revocation of the permit, all quarantined animals shall remain confined at the satellite quarantine station until removed by state personnel to another quarantine station, and all expenses of removal and transport shall be borne by the satellite quarantine station owner or operator, or both.

History

[Eff 03/18/93; am and comp 05/23/97; am and comp 07/10/00; am and comp 06/30/03; am and comp 02/12/04; am and comp 10/31/05; am and comp SEP 28 2009] (Auth: HRS § 142-2) (Imp: HRS § 142-2)

Haw. Code R. § 4-29-13 Removal from animal quarantine stations

(a) Dogs, cats, or other carnivores may be removed from the animal quarantine station or a satellite quarantine station prior to the expiration of their quarantine period only under the following circumstances:

(1) Release from the quarantine station for export from the State, upon payment in full of all accrued fees;

(2) Release to a hospital holding a valid permit under subsection (b), provided that the animal is identified with an electronic microchip, implanted at the owner's expense. Electronic microchip implantation may be waived by the quarantine manager when emergency hospitalization is required;

(3) Temporary release under a performance permit granted under subsection (c); or

(4) Temporary release under a skills maintenance training permit granted according to section 4-29-15(b).

(b) Approval of private veterinary hospitals to care for quarantine animals.

(1) A veterinary hospital may qualify for and retain a permit to hospitalize animals under quarantine only if it meets the following requirements:

(A) The entrance for quarantined animals shall be separate from that used for other animals;

(B) Hospitals shall be equipped with runs or cages, or both, which have latches or closures which cannot be opened by the confined animal, and shall keep the animal in such a kennel or cage at all times except when taken out for purposes of medical or surgical treatment, for diagnostic procedures, or for transportation back to the animal quarantine station or satellite quarantine station;

(C) Dogs may also be allowed out of their kennels or cages for exercise in runs, provided the runs shall be completely enclosed with an escape-proof material with mesh no larger than two inches by two inches and shall be equipped with latches or closures which cannot be opened by the confined animal;

(D) Dogs and cats shall not be taken outside the hospital building except in areas completely enclosed with an escape-proof material contiguous with the hospital building;

(E) Each kennel and run shall be designed to prevent all physical contact with animals in adjacent kennels or runs;

(F) To prevent unauthorized removal of quarantined animals, a hospital employee shall be on the premises twenty-four hours a day or the premise shall have a professionally installed, functional, and certified intruder alert system;

(G) Each hospital shall conduct annual training sessions for its employees in the recognition of symptoms associated with rabies. The training program must be approved by the state veterinarian, and a record of the date, time, and persons attending the training session shall be submitted, at the end of June of each year, to the state veterinarian;

(H) Employees shall immediately take steps to preserve the carcasses of quarantined animals which have died and shall immediately notify the animal quarantine manager, who shall arrange the removal of the carcass by an inspector to the state veterinary laboratory for post-mortem examination;

(I) In the event of escape or unauthorized removal of quarantined animals, the hospital shall notify the animal quarantine manager immediately and shall be responsible for costs incurred by the State in the investigation and in the recovery of the animals;

(J) The hospital shall allow unannounced inspection by an inspector twenty-four hours a day, seven days a week. An inspector may conduct an unannounced inspection to verify that a hospital employee is present. The inspector shall be allowed immediate entry into the hospital to verify the presence of any quarantined animal by visual or electronic means;

(K) The hospital staff on islands other than Oahu shall provide transportation of a quarantined animal between a neighbor island airport and the approved veterinary hospital destination;

(L) No hospital shall release or allow release, at any time, of any quarantined animal in its custody without the written permission of the animal quarantine manager;

(M) Requests for direct hospital release shall be submitted in writing a minimum of two weeks prior to the scheduled release date. The hour of release shall be at the discretion of the animal quarantine manager;

(N) Trained hospital staff shall observe and evaluate every quarantined animal under the hospital's care for signs of rabies on a daily basis

(O) Immediately upon completion of treatment, surgery, or examination, the veterinarian in charge shall notify the animal quarantine station or satellite animal quarantine station that quarantined animals, together with a legibly completed "Report of Hospitalization/Satelite Quarantine", dated 11/97, which is made a part of this chapter and a copy of which is attached at the end of this chapter, are ready for return;

(P) The veterinarian in charge shall promptly notify the state veterinarian of any births, including sex and number of offspring, to any quarantined animal in the hospital's custody and shall ensure that the requirements of section 4-29-16 are met; and

(Q) The veterinarian in charge of an approved hospital on an island other than Oahu shall scan all newly arriving quarantine animals for an electronic microchip and notify the animal quarantine manager within twenty-four hours of the animal's arrival;

(2) A permit for private hospitals to care for quarantined animals shall be obtained from the board of agriculture. The board may delegate its authority to issue such permits to the chair-person. Applicants shall request such a permit in writing from the animal quarantine manager, stating the name and address of the hospital. The request shall be signed by the owner or chief executive officer of the private hospital. Following an inspection of the hospital premises, the animal quarantine manager shall recommend to the board that the permit be issued or denied. In the event that an aplication is denied, the provisions of chapter 4-1, subchapter 4, shall apply. The veterinarian in charge of the hospital shall promptly notify the state veterinarian of any change of ownership of the hospital. Permits are non-transferable and are void with the change of ownership of the hospital; and

(3) A hospital's failure to comply with these rules may result in revocation of its permit to hospitalize animals under quarantine, as well as subjecting the permittee to the other penalties provided in this chapter and chapter 142, HRS. A hospital whose permit is subject to revocation may request a hearing as provided in section 91-9, HRS. Requests for a hearing shall be received by the chairperson within ten calendar days after receipt of the written notice of intent to revoke the permit. Pending such a hearing and a final decision, the hospital may not treat or hospitalize additional quarantined animals not already confined to the hospital. If no request for a hearing is received within ten days, the revocation shall become final on the eleventh day and no quarantined animals may remain on the premises.

(1) Special purpose permits for performing animals may be obtained from the chairperson of the board of agriculture and shall be obtained at least fourteen days in advance of importation. Written requests shall be submitted to the animal quarantine manager. The request shall include the breed, name, age, sex, and color of the animals for which the permit is requested; the owner's name, local address, and telephone number, and a list of the dates on which the vaccinations required by section 4-29-8 were administered; and proposed travel and performing itineraries. If any changes are to be made in either itinerary, the owner or handler shall notify the quarantine station, in writing, no less than twenty-four hours in advance;

(2) Under a special purpose permit for performing animals, performing dogs and cats shall be allowed to leave an animal quarantine station or an approved hospital for the purpose of performing under the following circumstances only:

(A) The animals shall be brought into the State solely for the purpose of performing;

(B) Animals may leave a quarantine station or approved hospital only at the times and to go to the locations listed on the permit;

(C) The animals shall be accompanied by a special duty police officer whenever they are off a quarantine station, or approved hospital grounds. The special duty police officer shall maintain communication with the animal's trainers or handlers, and surveillance over the animals, at all times, and shall transport or accompany the animals to and from the performance location;

(D) A permit may be issued for performances on a neighbor island provided that the animals are housed at a satellite quarantine station or approved hospital when not performing or in transit, and provided that a special duty police officer transports or accompanies the animals and provides continuous communication with the animals' trainers or handlers, and surveillance of the animals, when the animals are off the premises of a satellite quarantine station or an approved hospital;

(E) The performance animals shall not come into physical contact with non-quarantined dogs, cats, or other carnivores, or cause a potential human exposure, at any time. Performance animals that come into physical contact with non-quarantined animals or cause a potential human exposure shall not be permitted to perform and shall be subject immediately to a minimum ten-day rabies observation period at the animal quarantine station. In the event that the animal's handler loses control of the animal and the animal is not visible to an inspector or special duty police officer for any length of time, the animal will be presumed to have come into contact with another non-quarantined dog, cat, or other carnivore or to have caused a potential human exposure, and the provisions of this subparagraph shall apply; and

(F) All costs incurred for supervision, surveillance, quarantine, transportation, and care of performing animals, including the wages, overtime, and fringe benefits of the inspectors or special duty police officers who accompany the animals, shall be paid by the owner or the owner's agent. The owner or the owner's agent shall also agree in writing, before the animal enters the State, to assume all liability in connection with, and to defend and indemnify the State or any county of the State against all charges, claims, suits, and costs resulting from the importation, performances, surveillance, quarantine, escape, recapture, and handling of the performing animals; and

(3) Performing carnivores other than dogs and cats are subject to the provisions of chapter 4-20, in addition to those of this chapter. Performing carnivores other than dogs and cats may be housed outside of the animal quarantine station or a satellite quarantine station at a location approved by the state veterinarian. Such a location shall be at the location of the performances and shall be secured by barriers to prevent public access. Animals shall be confined to cages when not performing. A special duty police officer shall be present at the location for the duration of the permit.

(d) Trained guard, scout, detector, or police dogs in quarantine shall remain within the perimeter of the quarantine station property at all times. Training will be limited to facilities of the division of animal industry in Halawa. For the purposes of training, the perimeter of the quarantine station property shall be considered the fence along Halawa Valley Street on the north and west and the quarantine station perimeter fence on the south and east.

(1) In the event of an incident which requires the temporary removal of a dog from the quarantine station to safeguard the health and safety of persons or the safety of property, the dog may be removed under the supervision of the commanding officer of that law enforcement unit for the purpose of employing its skills during that incident. The dog shall be returned to the quarantine station immediately after the incident is over. Approval for such temporary removal shall only be granted by the state veterinarian directly to the commanding officer of that law enforcement unit. Any physical contact with animals or potential human exposure shall be reported immediately to the state veterinarian, and the dog shall be confined at the quarantine station for a minimum of ten days for observation; and

(2) Military working dogs and law enforcement dogs owned by the federal government shall either be quarantined at the quarantine station pursuant to this chapter or shall be housed at a federal facility operated In conformance with standards at least equivalent to those at the quarantine station. In the event of an incident which requires the temporary removal of a dog from the quarantine station or a satellite quarantine station, the dog may be removed under the supervision of the commanding officer of that law enforcement unit for the purpose of employing its skills during that incident.

History

[Eff 03/18/93; am and comp 05/23/97; am and comp 07/10/00; am and comp 06/30/03; am and comp 02/12/04; am and comp 10/31/05; am and comp SEP 28 2009] (Auth: HRS § 142-2) (Imp: HRS § 142-3)

Haw. Code R. § 4-29-13.1 REPEALED

History

R 7/10/00

Haw. Code R. § 4-29-14 Requirements for breeding of animals in quarantine

(a) The collection of semen from a quarantined or non-quarantined male animal or the artificial insemination of a quarantined or non-quarantined female animal may be permitted; provided that:

(1) The owner or co-owner of the quarantined animal shall apply in writing to the animal quarantine manager or satellite quarantine station operator for permission to do so a minimum of five days in advance of the first artificial insemination period, stating where the semen collection or artificial insemination is to be performed;

(2) The semen collection or artificial insemination is performed by a licensed veterinarian at a hospital which has been approved under section 4-29-13(b);

(3) There is no physical contact between donor and recipient animals at any time. The owner, co-owner, or veterinarian in charge shall report any physical contact or attempt at natural breeding to the animal quarantine manager who shall initiate an investigation. Violation of this provision may result in penalties as provided in section 142-12, HRS, and quarantine of the animals involved for a minimum period of ten days for observation; and

(4) Any female animal quarantined for one hundred twenty days shall have completed sixty days of quarantine before insemination is allowed.

(b) After the breeding, quarantined animals shall be returned to the quarantine station or satellite quarantine station prior to export, or to complete the quarantine period.

(c) No breeding of quarantined animals shall be allowed to occur at the quarantine station or at any satellite quarantine station.

History

[Eff 03/18/93; am and comp 05/23/97; am and comp 07/10/00; am and comp 06/30/03; am and comp 02/12/04; am and comp 10/31/05; am and comp SEP 28 2009] (Auth: HRS § 142-2) (Imp: HRS §§ 142-7, 142-12)

Haw. Code R. § 4-29-15 Users of guide or service dogs

(a) Any user who seeks to import a guide or service dog into the State may be housed at the quarantine station apartment during the dog's quarantine period.

(1) The use of an apartment is subject to availability. Requests for housing must be submitted in writing, in advance to the manager. Requests shall include proof of completion of training from a recognized training or related program pursuant to subchapter 6 as well as the dates and reason for the occupancy. Assignment of housing will be on a first come, first served basis and is subject to approval of the manager or the state veterinarian.

(A) No fee shall be charged for the use of an apartment, but the user is responsible for any telephone installation and charges;

(B) A user may use the apartment only while the user's dog is in quarantine at the quarantine station. Each user shall vacate the apartment on the day the user's dog is released from quarantine or five days before the scheduled arrival of another user whose reservation was made before that of the current user, whichever happens first, or upon a previously agreed-to date;

(C) A user may use an apartment only as long as all of the provisions of this section governing the use of an apartment are complied with;

(D) Upon vacating an apartment, the user shall leave the apartment in the condition in which it was found and shall be responsible for the costs of any required repairs, except for normal wear and tear;

(2) A user housed at the station:

(A) Shall comply with this chapter;

(B) Shall ensure that all persons visiting the user and persons residing with the user comply with this chapter (however, station visiting hours shall not apply to people visiting the user at the apartment);

(D) Shall provide to the station office the names of persons who will reside with or visit the user at the time of each person's first visit; and

(E) Shall keep all gates locked during times that the quarantine facility is not open to the public;

(3) The department assumes no responsibility for the personal care and welfare of the user housed at the quarantine station.

(b) Skills maintenance training of guide or service dogs during the quarantine period shall be allowed under the following conditions:

(1) Guide or service dogs in quarantine shall remain within the perimeter of the quarantine station property at all times unless being transported to or from a veterinary hospital holding a permit under section 4-29-13(b) or a satellite quarantine station established under section 4-29-12, or unless the animal is allowed to leave the grounds under the terms of a valid off-station skills maintenance training permit. Guide and service dogs shall be allowed to train within the perimeter of the quarantine station property. For the purposes of on-station skills maintenance training, the perimeter of the quarantine station property shall be considered the fence along Halawa Valley Street on the north and west and the quarantine station perimeter fence on the south and east;

(2) A dog may be allowed to train off the quarantine station property under the terms of a valid off-station skills maintenance training permit. Off-station skills maintenance training under a permit shall not exceed four hours per day, three days per week for a total of twelve hours per week, and shall occur only during normal quarantine station operating hours. An off-station skills maintenance training permit shall be obtained from the chairperson of the board in advance. Application shall be made by a request in writing which shall include the name of the requestor; the breed, name, age, sex, and color of the dog; along with a schedule of times and locations for the skills maintenance training;

(3) When training off station grounds, the dog shall be accompanied at all times by a person of the user's choice to monitor and ensure that the dog does not come in contact with other animals or cause a potential human exposure. The person of the user's choice shall assist the user and maintain surveillance over the dog at all times and shall transport or accompany the dog to and from the training location;

(4) The training animals shall not come into physical contact with non-quarantined dogs, cats, or other carnivores, or cause a potential human exposure, at any time while training off-station. Training animals that come into physical contact with non-quarantined animals or cause a potential human exposure shall be subject to a minimum ten-day rabies observation period in confinement at the quarantine station during which time no training either on or off the station grounds shall be allowed;

(5) The user shall agree in writing to assume all liability in connection with, and to defend and indemnify the State against, all charges or liability resulting from the escape, recapture, and handling of the animal while off station grounds under a skills maintenance training permit;

(6) The off-station skills maintenance training permit shall be in force for the remainder of the animal's quarantine period unless it is suspended or revoked, or the animal is subject to a minimum of ten days rabies observation period;

(7) All off-station skills maintenance training permits shall include the following conditions:

(A) The user shall control the guide or service dog by leash or handle at all times;

(B) The user shall not remove a guide or service dog from the quarantine station for training purposes unless accompanied by a person of the user's choice; and

(C) The dog shall be allowed off station grounds for training only during the hours and at the locations specified on the off-station skills maintenance training permit. By accepting a permit, the user agrees to abide by and be bound by its conditions;

(8) An off-station skills maintenance training permit shall be suspended for a period of ten days if the dog comes into physical contact with another animal or causes a potential human exposure. In the event that the user has lost control of the dog and the dog is not visible to the person without a disability for any length of time, the dog will be presumed to have come into physical contact with another animal or to have caused a potential human exposure, and the permit shall be automatically suspended for a minimum often days. During the minimum ten-day suspension the dog shall remain confined at the animal quarantine station for observation; and

(9) A second suspension of a dog's off-station skills maintenance training permit shall result in automatic revocation of the permit. A user whose permit has been revoked may request a hearing under section 91-9, HRS. A written request for a hearing must be received by the chairperson within ten days after the revocation.

(A) The revocation shall remain in effect pending the final decision and order;

(B) The hearing may be held before the chairperson, a hearing officer, or the board;

(i) If the hearing is held before the chairperson, the chairperson shall have all the powers and duties of the board and the hearing officer in connection with the hearing, including the power to issue the final agency decision; or

(ii) If the hearing is held before a hearing officer, the hearing officer's recommended decision must be filed within ten calendar days of the close of the hearing, and exceptions must be filed within ten calendar days of the recommended decision. The board shall take final action at the time of its next regularly scheduled meeting after the filing of the recommended decision (if no exceptions are filed) or after the filing of exceptions, provided that the person whose permit has been revoked shall have at least seven calendar days' notice of the meeting.

History

[Eff 03/18/93; am and comp 05/23/97; am and comp 07/10/00; am and comp 06/30/03; am and comp 02/12/04; comp 10/31/05; am and comp SEP 28 2009] (Auth: HRS § 142-2) (Imp: HRS §§ 142-3, 142-5.5, 142-6)

Haw. Code R. § 4-29-15.1 Movement of guide and service animals by special permit

(a) Guide and service animals shall be allowed to depart Hawaii and return, to permit their users to obtain necessary medical treatment that is unavailable in the State, under the following circumstances:

(1) A special permit is issued by the chairperson;

(2) Travel shall be only to the contiguous forty-eight states or Alaska;

(3) Absence from the State shall be no longer than one hundred eighty days as measured from the date of departure;

(4) A notarized statement is submitted by the primary physician of the user stating the nature of, and necessity for, the treatment, the unavailability of such treatment in the State, and the name and address of the physician or referral center providing the treatment; and

(5) A valid health certificate shall be obtained pursuant to section 4-29-8 and all pre-shipment and post-arrival conditions set forth in sections 4-29-8 and 4-29-8.1 shall be met.

(b) Release from quarantine.

(1) Owners of guide and service animals shall be subject to fees pursuant to section 4-29-17; and

(2) Failure to meet pre-shipment and post-arrival requirements shall result in one hundred twenty days quarantine.

History

[Eff and comp 05/23/97; am and comp 07/10/00; comp 06/30/03; am and comp 02/12/04; am and comp 10/31/05; am and comp SEP 28 2009] (Auth: HRS § 142-2) (Imp: HRS §§ 142-3, 142-4.5, 142-6, 142-11)

Haw. Code R. § 4-29-16 Disposition of newborns

(a) Pregnant dogs or cats, greater than forty-five days gestation, are not permitted at the quarantine station and shall be quarantined at an approved hospital for the duration of quarantine. Violation of this provision shall result in penalties as provided in section 4-29-18(c). Should whelping of dogs or cats occur during quarantine, the humane care and treatment of offspring born to quarantined animals shall be the responsibility of the owner or co-owner.

(b) Animals born in quarantine may be released, provided:

(1) They are weaned at a minimum of four weeks of age; and

(2) There are no symptoms of neurological disease in their mothers during this period

(c) Each animal born to an animal quarantined at the quarantine station shall be charged a daily fee and any other applicable fee established in section 4-29-17. Newborns may be released with written medical justification prior to weaning upon approval of the state veterinarian. After separation of newborns from the mother, female dogs and cats that gave birth shall remain in quarantine for observation for a minimum of ten days.

History

[Eff 03/18/93; am and comp 05/23/97; am and comp 07/10/00; am and comp 06/30/03; am and comp 02/12/04; comp 10/31/05; am and comp SEP 28 2009] (Auth: HRS § 142-2) (Imp: HRS §§ 142-3, 142-6)

Haw. Code R. § 4-29-17 Fees at the animal quarantine station

The fees for each dog, cat, and other carnivore shall include a registration fee, a health record fee, a fixed fee based on confinement period, and a daily fee for animals: transiting to another destination; born in quarantine; remaining in quarantine after their release date; and arriving in quarantine before their qualification date for five-day or less quarantine. The following fees are established for implements, services, medications, and vaccines provided by the department:

(1) Registration fee -- $30;

(2) Health record fee -- $15;

(3) One hundred twenty-day quarantine -- $1035;

(4) Five-day or less quarantine -- $ 199;

(5) Direct airport release -- $155;

(6) Process and issue one NIIP -- $165, Re-issue one NIIP -- $35;

(7) Reentry fee with direct airport release -- $98, applies to the second or successive entries of a dog or cat during the time period that the most recent rabies vaccination or OIE-RVA test used for five days or less quarantine qualification is valid.

(8) Reentry fee with five-day or less confinement -- $ 110, applies to second or successive entries of a dog or cat during the time period that the most recent rabies vaccination or OIE-RVA test used for five days or less quarantine qualification is valid;

(9) Daily fee for animals: transiting to another destination; born in quarantine; arriving in quarantine before their eligibility date; or remaining in quarantine after their release date -- $14.30, except that animals remaining in quarantine after their release date shall also be subject to an additional fee according to section 4-19-18;

(10) Microchip, including shipping and handling -- $27;

(11) Bathing prescribed by the station veterinarian -- $14 for each bath provided by station personnel;

(12) Grooming prescribed by the station veterinarian -- $18 for each grooming session. provided by station personnel;

(13) Vaccination -- $6 for administration of each vaccination, and $5 for each vaccine not provided by the animal owner;

(14) Microchip and implantation -- $18;

(15) Ground transportation between an approved hospital on Oahu and the animal quarantine station -- $6 for each round trip;

(16) Dipping, spraying, dusting, or sponging to control external parasites detected on animals upon entry into quarantine -- $12 for each treatment;

(17) Worming -- $12 for each single worming treatment except for whipworms (Trichuris). Whipworms -- $20 for each three-day treatment;

(18) Giardia -- $10 for each course of treatment;

(19) Health certificate issued by quarantine station veterinarians -- $25;

(20) Duplicates of receipts -- $4;

(21) Copies of records -- 25 cents for each page copied;

(22) General veterinary services performed for medical problems requiring treatment on an emergency basis and elective procedures done at the discretion of the station veterinarian will be charged at -- $40 per hour $10 minimum charge;

(23) Ground transportation for any quarantined animal not subject to paragraphs 15 and 24, such as to and from harbors -- $20, one way;

(24) Airline fees, ground transportation fees, and all personnel costs entailed in transport of animals to satellite quarantine stations and approved hospitals on islands other than Oahu will be borne by the owner;

(25) Fecal testing for internal parasites at owner's request -- $8 per test;

(26) Heartworm testing at owner's request -- $8 per test;

(27) Service charge assessed for any check, draft, certificate of deposit, or other negotiable instrument that is dishonored for any reason -- $15;

(28) Each offspring born to animals at the animal quarantine station -- adult daily rate;

(29) Refunds of $15 or less shall not be processed except after written request by the owner to the animal quarantine manager. The written request shall be made within one year of release;

(30) A fee reimbursement of $8 per day for one hundred twenty-day quarantine shall apply to animals quarantined at a private veterinary hospital or satellite quarantine facility; and

(31) A fee increase of $10 shall be implemented on October 1 of each year when expenditures exceed revenue during the most recent fiscal year. The fee increase shall apply to one hundred twenty-day quarantine and five-day or less quarantine.

History

[Eff 03/18/93; am and comp 05/23/97; am 07/12/99; am and comp 07/10/00; am 05/07/01; am and comp 06/30/03; am and comp 02/12/04; am and comp 10/31/05; am and comp SEP 28 2009] (Auth: HRS § 142-2) (Imp: HRS §§ 40-35.5, 142-3)

Haw. Code R. § 4-29-17.1 Maximum time period for permit approvals, disapprovals, or automatic approvals

(a) Pursuant to the requirements of chapter 91, HRS, the department shall establish the following maximum time periods for the processing of a permit request after acceptance of a completed permit application:

(1) For satellite quarantine stations, the request for a permit shall be scheduled on the agenda of the board within sixty days of the division's receipt of a complete application;

(2) For private hospitals to care for quarantine animals, the animal quarantine manager shall recommend to the chairperson that the permit be issued or denied within thirty days of the division's receipt of a completed application; and

(3) For performing dogs and cats, the animal quarantine manager shall recommend to the chairperson that the permit be issued or denied within fourteen days of the division's receipt of a completed application.

(b) Notwithstanding the requirements of subsection (a), the maximum period of time shall be extended indefinitely in the event of a national disaster, state emergency, or union strike, which prevents the department from fulfilling application or review requirements in a timely manner.

History

[Eff and comp 07/10/00; comp 06/30/03; comp 02/12/04; comp 10/31/05; am and comp SEP 28 2009] (Auth: HRS §§ 91-13.5, 142-2) (Imp: HRS §§ 91-13.5, 142-3)

Subchapter 5 PENALTY

Haw. Code R. § 4-29-18 Penalty

(a) Any person, including a carrier or handler, who violates any provision of this chapter shall be subject to penalties provided in this chapter and section 142-12, HRS.

(b) In addition, except as otherwise provided, when this chapter provides that a person shall be denied access to the animal quarantine station for a violation of this chapter the person may not be admitted to the animal quarantine station for a period ranging from two weeks following the violation up to an indefinite period. The length of the period shall be determined by the animal quarantine manager, in the manager's sole discretion, and shall be based on the nature and seriousness of the violation, including any threat entailed to the stadon security or operations; the health or welfare of animals at the station, and the public health and welfare; and any history of past violations. A kennel assigned to a person who violates this chapter may be secured by lock and access allowed only under supervision of quarantine station personnel.

(c) Dogs and cats arriving in quarantine past forty-five days gestation will be assessed a fee of $7.50 for each day in quarantine in addition to the confinement period fee.

(d) Dogs and cats remaining in quarantine after an animal's release date will be assessed a fee of $3.50 for each additional day in addition to the daily quarantine fee.

History

[Eff 03/18/93; am and comp 05/23/97; am 07/12/99; comp 07/10/00; am and comp 06/30/03; am and comp 02/12/04; comp 10/31/05; am and comp SEP 28 2009] (Auth: HRS § 142-2) (Imp: HRS §§ 142-12, 142-29)

Subchapter 6 ENTRY FOR SERVICE ANIMALS AND EXEMPTED GUIDE DOGS

Haw. Code R. § 4-29-19 REPEALED

History

R 7/10/00

Haw. Code R. § 4-29-20 Applicability of this subchapter

The purpose of this subchapter is to allow enhanced freedom of movement during the post-arrival period for the users of certain service animals and exempted guide dogs under specified conditions. Except as specifically provided in this subchapter, ail of the requirements, penalties, and fees set forth in this chapter shall apply to service animals and exempted guide dogs that enter the State as Class A or B service animals or exempted guide dogs.

History

[Eff 06/06/98; am and comp 07/10/00; comp 06/30/03; am and comp 02/12/04; am and comp 10/31/05; am and comp SEP 28 2009] (Auth: HRS § 142-2) (Imp: HRS §§ 142-3, 142-4.5, 142-6, 142-11)

Haw. Code R. § 4-29-21 Criteria and conditions for service animals and exempted guide dogs

(a) A Class A service animal or exempted guide dog shall be defined as a service animal or exempted guide dog which presents prior to or at the time of arrival into the State with documentation that it meets all of the following requirements;

(1) The service animal or exempted guide dog has an original, valid health certificate issued by a veterinarian not more than thirty days before arrival. The health certificate shall:

(A) Give a complete description of the animal, including age, markings, microchip number, sex, and breed;

(B) Declare that the animal described has been inspected and appears to be free of any infectious or contagious diseases and, to the best of the issuing veterinarian's knowledge, exposure thereto; and

(2) The user of a service animal or exempted guide dog shall provide a signed statement or health certificate issued by a licensed Veterinarian

(A) Attesting that the animal was treated, within fourteen days of arrival, with a EPA or USDA approved insecticide to kill all ticks by a product containing fipronil or other tick control product with similar residual activity unless the veterinarian provides a written statement that the use of such an insecticide may be detrimental to the animal's health;

(B) Listing the name of the product used and the date of treatment; and

(3) The service animal or exempted guide dog has been submitted, prior to arrival into the State, to an OIE-RVA serological test after the age of twelve months. The OIE-RVA test taken most recently prior to arrival must show results of at least 0.5 I.U. per milliliter of rabies antibodies; provided that:

(A) The most recent OIE-RVA test must have occurred not more than thirty-six months prior to arrival into the State; and

(B) The OIE-RVA test results must come from a laboratory approved by the board and must bear the dog's microchip number. The department shall maintain a list of approved laboratories;

(4) The service animal or exempted guide dog presents with veterinary documentation that the dog is currently vaccinated with a rabies vaccine, pursuant to the manufacturer's instructions. Documentation of vaccination history may be by veterinary records, rabies vaccinations certification, or health certificate, and shall include product name, lot or serial number, and expiration date; and

(5) The service animal or exempted guide dog is implanted with an electronic microchip.

(b) Class B service animal and exempted guide dogs. A service animal or exempted guide dog that is unable to meet one or more of the Class A pre-arrival requirements, but nevertheless must travel to the State with its user for an emergency, shall be designated as a Class B service animal. A Class B service animal shall be subject to the pre-arrival requirements detailed for Class A service animals except that the pre-arrival requirements may be completed in Hawaii. Completion of all steps in sections 4-29-21(a) (1) to (5) is required. Class B service animals must be current on all vaccinations described in section 4-29-8(2) and (3), except that documentation of vaccination may be by veterinary records, rabies vaccination certification, or health certificate. Class B service animals and exempted guide dogs must also comply with the requirements of section 4-29-22(a) and submit an OIE-RVA serological test with a test result of at least 0.5 I.U. per milliliter of anti-rabies virus antibody.

History

[Eff 06/06/98; am and comp 07/10/00; am and comp 06/30/03; am and comp 02/12/04; am and comp 10/31/05; am and comp SEP 28 2009] (Auth: HRS § 142-2) (Imp: HRS §§ 142-3, 142-6, 142-11, 142-12)

Haw. Code R. § 4-29-22 Arrival requirements for service animals and exempted guide dogs

(a) All Class A service animals and exempted guide dogs, and Class B service animals and exempted guide dogs, upon entering the State, shall be inspected by a veterinarian or authorized state agent provided and paid for by the State at the point of arrival at the airport quarantine facility located at the Honolulu International Airport. The veterinarian or authorized state agent shall conduct a physical examination of the animal to determine that the animal is free of external parasites and symptoms of infectious disease. If the service animal or exempted guide dog does not pass this physical examination, the department shall immediately deliver the dog for treatment to a private veterinarian at the user's expense or to the animal quarantine station in Halawa Valley at the State's expense. A Class A service animal or exempted guide dog may be released at a port approved by the department that has facilities and an agent designated by the department to process animals for entry.

(b) If the user of a service animal or exempted guide dog provides the department with at least seven days' notice prior to arrival, the department may issue a "Notice of Airport Terminal Inspection" to the user allowing the post-arrival inspection to be done within the Honolulu International Airport terminal. Upon arrival, an inspector shall meet the user or a designated airplane and escort the user to the place of inspection. The "Notice of Airport Terminal Inspection" shall only be issued and valid for flights arriving at the Honolulu International Airport between 8:00 a.m. and 4:00 p.m. Should the user fail to meet the requirements of this section, the post-arrival inspection shall occur at the Airport Animal Quarantine Holding Facility,

(c) All service animals and exempted guide dogs that meet the requirements of Class A service animals and guide dogs shall immediately be released to their designated address following examination and verification that pre-arrival requirements have been met. Except for the provisions of section 4-29-23(b), and except for a dog that exhibits signs of neurological disease and must be kept for observation for at least ten days, nothing in this subchapter shall preclude any service animal or exempted guide dog from leaving the State before the completion of the quarantine period,

(d) Service animals and exempted guide dogs traveling only to an area designated as exempt according to section 4-29-10(a) shall meet the import requirements of the exempt area and be allowed to reenter the State; provided that the animal is accompanied by the following documents:

(1) A health certificate, issued by a veterinarian holding a current appointment as an officer of the government of the country of origin certifying that the animal described was examined and found free of external parasites and symptoms of transmissible disease not more than thirty days before shipment;

(2) A statement issued not more than fourteen days before entry, by a veterinarian holding a current appointment as an officer of the government of the country of origin certifying that the animal described in the statement was treated within fourteen days of arrival with an approved insecticide to kill all ticks by a product containing fipronii or other tick control product with similar residual activity, and that the animal was examined and found free of external parasites;

(3) An affidavit executed by the owner or consignor of the animal certifying that the animal was not outside the exempt country of origin during the travel period away from Hawaii. The affidavit shall include the name of the airline, flight number, and scheduled date of departure of the aircraft aboard which the animal is to be transported to Hawaii; and

(4) An affidavit executed by the captain of the aircraft or the senior station official of the airlines based in Hawaii attesting that the animal transported to Hawaii from the exempt area, except as provided in section 4-29-10(c)(2), was transported from the country of origin in one aircraft and not off-loaded at any intermediate point for any purpose.

(e) Service animals and exempted guide dogs shall be inspected by an inspector or an agent approved by the department at the time of arrival and shall be subject to treatment for external parasites as provided in section 4-29-9. Any indication of a transmissible disease at the time of inspection shall be sufficient reason to quarantine the animal at the quarantine station. Failure to comply with this section shall subject the animal to quarantine for a period not exceeding one hundred twenty days.

History

[Eff 06/06/98; am and comp 07/10/00; am and comp 06/30/03; am and comp 02/12/04; am and comp 10/31/05; am and comp SEP 28 2009] (Auth: HRS § 142-2) (Imp: HRS §§ 142-3, 142-6, 142-11, 142-12)

Haw. Code R. § 4-29-23 Designated address

(a) The service animal or exempted guide dog user shall provide the department not less than twenty-four hours prior to arrival in the State with a designated address in the State where his or her Class A service animal or guide dog will be residing.

(b) A service animal or exempted guide dog that is residing at a designated address in the State may work with its user at any time; provided that the dog remains either confined or under the direct control of the user at all times and avoids all contact with any other animal except other approved service animals or exempted guide dogs. If the service animal or exempted guide dog is not either confined or under the control of its user at any time, the service animal or exempted guide dog may immediately be confined to the animal quarantine station for a period of up to thirty days post-arrival; however, the service animal or exempted guide dog may leave the State after spending at least ten days in quarantine.

(c) Should the user fail to provide the designated address at least twenty-four hours prior to arrival, the service animal or guide dog shall be subject to removal to the animal quarantine station until a designated address is provided.

History

[Eff 06/06/98; am and comp 07/10/00; comp 06/30/03; am and comp 02/12/04; am and comp 10/31/05; am and comp SEP 28 2009] (Auth: HRS § 142-2) (Imp: HRS §§ 142-3, 142-6, 142-11, 142-12)

Haw. Code R. § 4-29-24 Thirty-day to forty-day post-arrival requirement

All Class B service animals and exempted guide dogs entering the State and remaining in the State for thirty consecutive days or more after arrival shall be required to provide notice about the general health status of the service animals or exempted guide dog to the animal quarantine manager in writing, or by facsimile at (808) 483-7161, or by telephone at (808) 837-8092 between thirty days and forty days following arrival into the State. The thirty-day to forty-day post-arrival requirement shall not apply if the service animal or exempted guide dog has traveled to the State within six months of a trip in which the service animal or which the service animal or guide dog met Class A requirements and continues to be current in its vaccinations. If any Class A service animal or exempted guide dog fails to meet any of the applicable requirements in this subchapter, the dog may be denied future entry into the State as a service animal or exempted guide dog.

History

[Eff 06/06/98; am and comp 07/10/00; am and comp 06/30/03; comp 02/12/04; comp 10/31/05; comp SEP 28 2009] (Auth: HRS § 142-2) (Imp: HRS §§ 142-3, 142-6, 142-11, 142-12)

Haw. Code R. § 4-29-25 Approved service dog and guide dog training programs

To be added to the list of approved service dog and guide dog training programs for purposes of this subchapter, a service dog or guide dog training program shall meet the following criteria:

(1) The training program shall meet accreditation standards for service dogs and guide dogs established by Assistance Dogs International, Inc.; or

(2) Dogs shall be required to have their first rabies vaccination administered at three months of age or greater;

(3) A second rabies vaccination shall be required and the time interval between the two rabies vaccinations shall have been at least thirty days;

(4) All dogs in the training program shall be vaccinated against rabies by a licensed veterinarian or licensed veterinary technician under the supervision of a licensed veterinarian;

(5) Before taking a service dog or guide dog from an approved training program, the user shall be instructed on the proper care, maintenance, and training for service dogs or guide dogs, including proper veterinary care;

(6) For all dogs that continue to be owned by the training program, the training program has a policy or practice requiring that veterinary records of its service dog or guide dog graduates, including but not limited to rabies vaccinations, be made available to the training program at the training program's request.

History

[Eff 06/06/98; am and comp 07/10/00; comp 06/30/03; am and comp 02/12/04; comp 10/31/05; am and comp SEP 28 2009] (Auth: HRS § 142-2) (Imp: HRS §§ 142-3, 142-6, 142-11, 142-12)

Haw. Code R. § 4-29-26 Documentation of need for a service animal

The department may ask the user of the dog if the animal is required because of a disability and what work or task the animal has been trained to perform."

History

[Eff and comp 07/10/00; comp 06/30/03; am and comp 02/12/04; comp 10/31/05; am and comp SEP 28 2009] (Auth: HRS § 142-2) (Imp: HRS § 142-3)

Subtitle 4 DIVISION OF MARKETING AND CONSUMER SERVICES

Chapter 41 STANDARDS FOR FRESH FRUITS AND VEGETABLES

Subchapter 1 LABELING

Haw. Code R. § 4-41-1 Definitions

As used in this chapter, unless otherwise defined:

"Bulk lot display" means any one group of fresh fruit or vegetable offered or exposed for retail sale which contains specimens of similar varietal characteristics, not packed in consumer packages or in lidded containers, and set apart or separated from another group or groups of commodities.

"Consumer packages" means packages of agricultural commodities of the type designed for direct sale by a retailer to a consumer, including commodities that are bunched or tied together but not necessarily wrapped. Individually wrapped or packaged specimens are not consumer packages.

"Imported" means the agricultural commodity has its origin outside the State.

"Master container" means the large container into which is packed consumer packages for delivery or transportation.

"State" means the State of Hawaii.

"Wholesale quantities" means quantities of agricultural commodities contained in one or more packages of a type customarily used in transactions between shippers and wholesalers, and between wholesalers and retailers.

History

[Eff 5/29/81; am and comp 8/18/83; am and comp 3/24/86] (Auth: HRS § 147-4) (Imp: HRS § 147-4)

Haw. Code R. § 4-41-2 Prohibitions

(a) No person shall sell, offer, expose, or transport for sale any agricultural commodity in wholesale quantities, in consumer packages, or in bulk lot displays, unless the commodity is labeled in the manner specified in this subchapter.

(b) The use of the grade terms defined in this chapter, or any abbreviation or variation of the grade terms, that is intended to represent or imply that the agricultural commodity so labeled is grown in Hawaii, is prohibited on an agricultural commodity that is not grown in Hawaii.

(c) The use of any grade term defined in this chapter, or any abbreviation or variation of the grade term, is prohibited on an agricultural commodity for which no grade has been established in this chapter.

(d) The use of the term "Hawaii", or any other form or abbreviation of the term "Hawaii", in conjunction with other fanciful terms which are not defined in this chapter, to represent or imply that an agricultural commodity has a grade adopted under this chapter, is prohibited on a label, sign, placard or in an advertisement that describes or refers to an agricultural commodity.

(e) The use of the Hawaii wholesale grade terms in section 4-41-5(a)(1) is prohibited on bulk lot displays or lots of consumer packages.

(f) The use of the Hawaii consumer grade terms in section 4-41-5(a)(2) is prohibited on wholesale quantities.

(g) The sale or offering for sale of any fruit or vegetable that has been advertised under the requirements of section 4-41-12(a) which do not meet the minimum requirements of the advertised grade, or in the case where no grade is specified which do not meet the minimum requirements of Hawaii Grade A or U.S. No. 1 as applicable, is prohibited unless the following provisions are met:

(1) Written documentation shall be submitted to the department, in a timely manner, to substantiate that the failure to meet the advertised grade was not willful; and

(2) A statement of the actual grade and the reason for the deviation from the advertised grade, or in the case where no grade was specified the reason for the deviation from Hawaii Grade A or U.S. No. 1, shall be placed on the sign or placard required in section 4-41-3(c).

History

[Eff 5/29/81; am and comp 8/18/83; comp 3/24/86; am 5/26/92] (Auth: HRS § 147-4) (Imp: HRS § 147-4)

Haw. Code R. § 4-41-3 Labels

(a) Any Hawaii-grown agricultural commodity labeled with grade terms defined in this chapter or United States grade terms, or any abbreviation or variation of the grade terms, shall meet the labeled grade.

(b) Any non-Hawaii-grown agricultural commodity in bulk lot displays or consumer packages labeled with United States grades or other state wholesale or consumer grades shall meet the labeled grade.

(c) Each bulk lot display and each lot of consumer packages of fresh fruits and vegetables which has had its retail price advertised subject to section 4-41-12 shall be identified with a suitable sign or placard bearing:

(1) The term "as advertised" or other suitable language;

(2) The name of the agricultural commodity;

(3) The advertised grade or offgrade designation if subject to section 4-41-12(a) or the statements required by section 4-41-2(g)(2) if applicable; and

(4) The minimum unit weight or size if subject to section 4-41-12(b).

(d) Signs and placards required by subsection (c) shall be posted in such manner that there is no doubt as to the commodity each sign or placard identifies. The letters and figures used to meet the requirements of subsection (c) shall be of bold type and legible.

History

[Eff 5/29/81; am and comp 8/18/83; am and comp 3/24/86; am 5/26/92] (Auth: HRS § 147-4) (Imp: HRS §§ 147-4)

Haw. Code R. § 4-41-4 REPEALED

History

Eff 5/29/81; am and comp 8/18/83; comp 3/24/86; R 5/26/92

Haw. Code R. § 4-41-5 Applicable grade terms

(a) Hawaii-grown fresh fruits and vegetables that are classified as to grade based on the Hawaii grade classification system for fresh fruits and vegetables shall be classified as follows:

(1) For wholesale quantities, with the grades Hawaii Fancy, Hawaii No. 1, Hawaii No. 1 Bronze, Hawaii Young Ginger, Hawaii Commercial, Hawaii No. 2, or Hawaii Utility, whichever is applicable; and

(2) For consumer packages or bulk lot displays, with the grades Hawaii Grade AA, Hawaii Grade A, Hawaii Grade A Bronze, Hawaii Young Ginger, Hawaii Commercial, Hawaii Grade B, or Hawaii Utility, whichever is applicable.

(b) The term "Offgrade" is not a grade within the meaning of the standards defined in this chapter but is a descriptive term applicable to individual agricultural commodities which have a market value and designates a quality lower than the lowest defined grade standard for that agricultural commodity.

(c) Capital letters may be used in place of lower case letters in the grade terms listed in subsection (a) and in the term "Offgrade".

(d) The grade terms in paragraph (a)(2) shall not be abbreviated except as follows:

(1) The term "Hawaii" may be abbreviated as "Haw", "HAW" or "HI";

(2) The term "Grade" may be abbreviated as "GR" or "Gr"; and

(3) The use of a period after the abbreviations of grade terms in paragraphs (1) and (2) is optional.

(e) The offgrade designation shall not be abbreviated when used for consumer packages, bulk lot displays or in advertisements.

History

[Eff 5/29/81; am and comp 8/18/83; comp 3/24/86; am 5/26/92] (Auth: HRS § 147-4) (Imp: HRS § 147-4)

Haw. Code R. § 4-41-6 Obliteration of incorrect label markings

(a) Grade labels on containers in wholesale quantities which are determined to be incorrect shall be corrected by obliteration of the incorrect information. Any reasonable effort made to efface the incorrect label markings, such as a bold line or X mark drawn across or over the inappropriate markings, shall be considered an obliteration.

(b) Grade and other labels on bulk lot displays or consumer packages which are determined to be incorrect shall be corrected by complete obliteration or removal of the incorrect information and substitution of the correct information as required by section 4-41-3.

History

[Eff 5/29/81; comp 8/18/83; am and comp 3/24/86; am 5/26/92] (Auth: HRS § 147-4) (Imp: HRS § 147-4)

Haw. Code R. § 4-41-7 REPEALED

History

Eff 5/29/81; comp 8/18/83; comp 3/24/86; R 5/26/92

Haw. Code R. § 4-41-8 Seller's invoice

(a) Every producer or produce dealer, when selling agricultural commodities to a retailer on the basis of grade, shall furnish to the retailer an invoice showing the applicable grade or offgrade designation of the commodities according to the standards approved by the board of agriculture, the United States Department of Agriculture, or other states.

(b) Every producer or produce dealer, when selling Hawaii-grown agricultural commodities to a retailer, shall furnish to the retailer an invoice showing that the agricultural commodity is Hawaii-grown.

(c) A copy of the invoice shall be kept on file by the producer or produce dealer and by the retailer at the respective places of business for a period of not less than thirty days, and shall be available for inspection at all reasonable times by authorized inspectors of the department.

History

[Eff 5/29/81; comp 8/18/83; comp 3/24/86; am 5/26/92] (Auth: HRS § 147-4) (Imp: HRS § 147-4)

Subchapter 2 CONTAINER AND ADVERTISING REQUIREMENTS

Haw. Code R. § 4-41-9 Definitions

As used in this subchapter, unless otherwise defined:

"Fairly tight" means the commodity is packed to fit fairly snug and not loosely in the container.

"Reasonably clean" means not caked with dirt or other foreign material, or not so badly stained as to seriously affect the appearance of the container.

"Reasonably well filled" means the sack has been filled to approximately ninety per cent or more of its total capacity and the sack is fairly tightly sewn or tied across the top.

"Sound" means the container is constructed to remain intact under the most severe conditions ordinarily encountered during handling and shipment, and is constructed in accordance with good practice.

"Well nailed" means sufficient nails have been used to keep the container intact and the nails are tightly fitted into the wood or other material.

History

[Eff 5/29/81; am and comp 8/18/83; am and comp 3/24/86] (Auth: HRS § 147-4) (Imp: HRS § 147-4)

Haw. Code R. § 4-41-10 Prohibitions

The sale, offering for sale, or transportation for sale of any agricultural commodity in wholesale quantities is prohibited unless packed as follows:

(1) The pack in wooden, fiberboard, or wire bound containers shall be fairly tight or fairly well filled, and sacks shall be reasonably well filled;

(2) All containers used for any one lot shall be sound, reasonably clean, uniform as to size and type, and of the type specifically designed for distribution of agricultural commodities;

(3) Crates, boxes, lugs, and other similar containers shall be well nailed, wire bound crates shall be adequately wired, fiberboard cartons and other similar containers shall be reasonably rigid, and sacks shall be free of holes and tears; and

(4) Standard containers shall apply wherever this chapter requires the use of standard containers.

History

[Eff 5/29/81; comp 8/18/83; comp 3/24/86] (Auth: HRS § 147-4) (Imp: HRS § 147-4)

Haw. Code R. § 4-41-11 Standard containers

All measurements, unless otherwise specified, shall be inside measurements in inches, and when read from left to right shall represent the length, width, and depth, respectively.

History

[Eff 5/29/81; comp 8/18/83; comp 3/24/86] (Auth: HRS § 147-4) (Imp: HRS § 147-4)

Haw. Code R. § 4-41-12 Advertising requirements

(a) When the retail price of any fresh fruit or vegetable that has established Hawaii consumer grades or United States wholesale grades is advertised in any manner, the advertisement shall include the applicable grade for the fresh fruit or vegetable or the offgrade designation if the fresh fruit or vegetable advertised does not meet the minimum requirements of Hawaii Grade A or U.S. No. 1.

(b) When the retail price of any fresh fruit or vegetable is advertised in any manner by the piece or by the package, the advertisement shall include the minimum unit weight or size.

History

[Eff 5/29/81; am and comp 8/18/83; am and comp 3/24/86; am 5/26/92] (Auth: HRS § 148-2) (Imp: HRS § 148-2)

Subchapter 3 MINIMUM EXPORT REQUIREMENTS

Haw. Code R. § 4-41-13 Minimum export grades

(a) Grades which may be exported shall be known as export grades and shall be equivalent to the grades provided in subchapter 7. The minimum export grades for Hawaii-grown fresh fruits and vegetables destined for shipment by commercial exporters to points outside the State are as follows:

(1) Avocados shall meet the requirements of Hawaii No. 1 avocados;

(2) Bananas shall meet the requirements of Hawaii No. 1 bananas;

(3) Beans, snap, shall meet the requirements of Hawaii No. 1 snap beans;

(4) Burdock (gobo) shall meet the requirements of Hawaii Utility burdock;

(5) Cabbage, Chinese, shall meet the requirements of Hawaii No. 1 Chinese cabbage, provided the Chinese cabbage shall be free from slugs, worms, and insects;

(6) Cabbage, head, shall meet the requirements of Hawaii No. 1 head cabbage;

(7) Carrots (topped) shall meet the requirements of Hawaii No. 1 carrots;

(8) Cauliflower shall meet the requirements of Hawaii No. 1 cauliflower;

(9) Celery shall meet the requirements of Hawaii No. 1 celery;

(10) Corn, sweet, shall meet the requirements of Hawaii No. 1 sweet corn;

(11) Cucumbers (slicing) shall meet the requirements of Hawaii No. 1 cucumbers;

(12) Dasheens shall meet the requirements of Hawaii No. 1 dasheens, provided dasheens that are larger than two and one-half inches in diameter and dasheens that have more than three scars where tubers were attached may be exported;

(13) Eggplants shall meet the requirements of Hawaii No. 1 eggplants;

(14) Ginger root shall at least meet the requirements of Hawaii Commercial or Hawaii Young Ginger ginger root grade, except that ginger root for processing shall at least meet the requirements of Hawaii Commercial ginger root, except for size, and shall be packed in containers conspicuously marked "For Processing Only -Not For Resale" in upper, lower, or a combination of upper and lower case bold type letters at least one and one-half inches in height. An affidavit stating that the ginger root for processing is not for resale and a relevant bill of lading or sales invoice indicating the volume shipped, name and address of the processor, and date shipped, shall be submitted by the shipper to the department prior to each export shipment of ginger root for processing;

(15) Mangoes shall meet the requirements of Hawaii No. 1 mangoes;

(16) Onions (dry) shall meet the requirements of Hawaii No. 1 onions;

(17) Papayas shall meet the requirements of Hawaii No. 1 papayas, provided papayas of shapes other than pyriform and of weights less than fourteen ounces may be exported and immature papayas may be exported when permitted by and in compliance with provisions of a marketing order;

(18) Peppers, sweet, shall meet the requirements of Hawaii No. 1 sweet peppers;

(19) Pineapples shall meet the requirements of Hawaii No. 2 pineapples;

(20) Potatoes (Irish) shall meet the requirements of Hawaii No. 1 potatoes;

(21) Squash, Italian, shall meet the requirements of Hawaii No. 1 Italian squash;

(22) Sweet potatoes shall meet the requirements of Hawaii No. 1 sweet potatoes;

(23) Tomatoes shall meet the requirements of Hawaii No. 2 tomatoes;

(24) Watermelons shall meet the requirements of Hawaii No. 1 watermelons;

(25) Yam bean roots shall meet the requirements of Hawaii No. 1 yam bean roots;

(26) In-shell macadamia nuts shall meet the requirements of Hawaii No. 1 in-shell macadamia nuts; and

(27) Shelled macadamia nuts shall meet the requirements of Hawaii No. 1 shelled macadamia nuts.

(b) The Board of Agriculture may relax the minimum export requirement for an agricultural commodity upon request from a recognized organization, or organizations, which represent the majority of the producers of that agricultural commodity. The request shall state the reasons for the relaxation of the minimum export requirement, the impact upon the industry if the minimum export requirement is not relaxed, the length of time that the relaxation is required and the suggested temporary minimum export requirement. The period of relaxation shall not exceed ninety days for each request.

History

[Eff 5/29/81; am and comp 8/18/83; am and comp 3/24/86; am 8/6/90; am 5/26/92] (Auth: HRS § 147-22) (Imp: HRS §§ 147-22 and 147-23)

Subchapter 4 PROVISIONS FOR ENFORCEMENT, PENALTIES, AND PROSECUTION

Haw. Code R. § 4-41-14 Authorization for inspection

(a) Any authorized inspector of the department may enter any place or conveyance where agricultural commodities are produced, stored, packed, delivered for shipment, processed, loaded, shipped, transported, offered for sale, sold, or advertised to:

(1) Inspect the quality and condition of the agricultural commodities;

(2) Enforce labeling requirements; and

(3) Enforce container and packing requirements.

(b) The inspector may take for inspection and may cut for internal quality determination, representative samples of the agricultural commodities.

History

[Eff 5/29/81; comp 8/18/83; comp 3/24/86] (Auth: HRS §§ 147-4, 147-22, and 148-2) (Imp: HRS §§ 147-7 and 147-24)

Haw. Code R. § 4-41-15 Authorization for stop sale

(a) Any authorized inspector of the department, upon determining that this chapter or chapter 147, Hawaii Revised Statutes, is being violated, may place stop sale notices in front of or by the side of the agricultural commodity that is in violation.

(b) Agricultural commodities for which stop sale notices have been issued shall not be sold, offered for sale, transferred, or otherwise disposed of until the stop sale notices have been removed by an authorized inspector of the department.

(c) No person shall remove, deface, or otherwise tamper with any stop sale notice except upon authorization of an authorized inspector of the department.

History

[Eff 5/29/81; comp 8/18/83; am and comp 3/24/86] (Auth: HRS §§ 147-4 and 147-22) (Imp: HRS §§ 147-4, 147-5, 147-6, and 147-23)

Haw. Code R. § 4-41-16 Penalties and prosecution

Any person who violates any provision of this chapter may be subject to the actions, procedures, and penalties provided in sections 147-2, 147-25, and 148-3, Hawaii Revised Statutes.

History

[Eff 5/29/81; am and comp 8/18/83; am 1/16/84; comp 3/24/86] (Auth: HRS §§ 147-4, 147-22, and 148-2) (Imp: HRS §§ 147-2, 147-25, and 148-3)

Subchapter 5 INSPECTION AND CERTIFICATION OF FRESH FRUITS AND VEGETABLES

Haw. Code R. § 4-41-17 Definitions

As used in this subchapter, unless otherwise defined:

"Commercial value" means the commodity is reconditionable and the reconditioning does not involve unreasonable expense or loss of time.

"Dumping inspection" means an inspection to determine whether the commodity possesses any commercial value.

"Inspection certificate" means any form of certification, either written or printed, issued by an inspector under this chapter and in accordance with rules and regulations of the United States Department of Agriculture, to certify the identity, class, grade, quality, size, quantity, or condition of agricultural commodities, including compliance of the products with applicable specifications.

"Inspector" means an employee of the department, authorized and licensed by the secretary to investigate, sample, inspect, and certify for any interested party the quality and condition of agricultural commodities under this chapter.

"Office of inspection" means the office of an inspector of agricultural commodities.

"Secretary" means the Secretary or Acting Secretary of Agriculture of the United States of America.

History

[Eff 5/29/81; am and comp 8/18/83; am and comp 3/24/86] (Auth: HRS § 147-7) (Imp: HRS § 147-7)

Haw. Code R. § 4-41-18 Application for inspection

(a) An application for inspection may be made by:

(1) An authorized official of the State; or

(2) Any person having a financial interest in the product involved, including the shipper, receiver, or carrier, or an authorized person on behalf of the applicant.

(b) The application shall be filed in the office of inspection or with any authorized inspector at or near the place where the inspection is desired.

(1) Name and post office address of the applicant and of the person, if any, making the application in behalf of the applicant;

(2) Name and post office address of the shipper;

(3) Kind and quantity of the products involved;

(4) Financial interest of the applicant (except the State);

(5) Identification of the products by:

(A) Grade, brand, or other marks;

(B) Car initials, car number, truck license number, name of ship, voyage number, and name of the carrier;

(D) Any other necessary information;

(6) The particular quality or condition concerning the inspection and the desired time and place where the inspection is to be made;

(7) Name and address of the receiver when the lot is to be inspected in a receiving market; and

(8) Name of the shipping point and destination, when known.

(d) Each application shall be considered filed when received at the proper office of inspection. When the application is filed, the date and time of filing shall be recorded by the office of inspection.

(e) The application may, due to non-compliance with this chapter, be rejected by the inspector in charge of the office of inspection in which the application is filed. The inspector shall immediately notify the applicant, by telephone or in writing, of the reasons for the rejection.

(f) An application may be withdrawn by the applicant at any time before the inspection is performed upon payment of any expenses incurred when the application was made.

(g) Proof of the authority of any person applying for inspection on behalf of another may be required at the discretion of the inspector.

History

[Eff 5/29/81; comp 8/18/83; comp 3/24/86] (Auth: HRS § 147-7) (Imp: HRS § 147-7)

Haw. Code R. § 4-41-19 Inspection

(a) The applicant shall make the product to be inspected accessible for sampling and inspection, and placed so as to readily disclose its quality and condition.

(b) As many inspections shall be made as facilities permit and as far as practicable, in the order applications are received, except that preference may be given to applications made by an authorized official of the State.

(d) Unless the applicant requests otherwise, inspection and certification for quality or condition shall be based on the official standards of the State, or the official standards of the United States Department of Agriculture, or shall be by description where official standards are lacking.

History

[Eff 5/29/81; comp 8/18/83; comp 3/24/86] (Auth: HRS § 147-7) (Imp: HRS § 147-7)

Haw. Code R. § 4-41-20 Inspection certificates

(a) The inspector shall sign and issue a separate certificate for each lot of product inspected. Each kind of fruit or vegetable shall constitute a separate lot, and different varieties of the same kind of fruit or vegetable may be considered as separate lots. A formal certificate need not be issued when the application for inspection is made by an interested party or governmental agency to determine compliance with this chapter or contractual specifications; however, the compliance or non-compliance may be indicated by an appropriate stamp or mark on the products or the containers, at the discretion of the inspector.

(b) The original certificate shall, immediately upon its issuance, be delivered or mailed to the applicant or person designated by the applicant. Upon the request of the applicant prior to the issuance, not more than two additional copies of the certificate may be issued without extra charge.

History

[Eff 5/29/81; comp 8/18/83; comp 3/24/86] (Auth: HRS § 147-7) (Imp: HRS § 147-7)

Haw. Code R. § 4-41-21 Appeal inspection

(a) An application for appeal inspection by the applicant or other person financially interested in the agricultural commodity may be filed with the inspection office nearest to where the product is located whenever such applicant or person is dissatisfied with the determination stated in the original certificate. The application shall state the reasons for dissatisfaction and may be accompanied by a copy of any previous inspection certificate or inspection report or any other information which the applicant shall have received regarding the quality and condition of the product at the time of the original inspection. The application may be made in writing or orally.

(b) A record showing the date and time of filing of the application shall be made by the receiving office.

(1) Reason stated for an appeal inspection is frivolous or unsubstantial;

(2) Quality or condition of the product has undergone a material change since the original inspection;

(3) Inaccessibility of all parts of the lot for a thorough examination; or

(4) Noncompliance with this chapter.

(d) Inspections requested to determine factors of quality or condition which may have undergone material change since the original inspection shall not be considered appeal inspections. Second inspections requested for the purpose of securing an up-to-date certificate, but where the applicant does not question the correctness of the original certificate covering the lot in question, shall not be considered an appeal inspection.

(e) Appeal inspections shall as far as practicable be made in the order in which the applications are filed and take precedence over all other pending applications.

(f) All appeal inspections shall be performed by at least two inspectors.

(g) Immediately after an appeal inspection has been made, a certificate designated as "Appeal inspection certificate" shall be signed and issued, referring specifically to the original certificate and stating the quality and condition of the product resulting from the appeal inspection. In all other respects, the provisions of section 4-41-20 shall apply to appeal inspection certificates, except if the applicant for an appeal inspection is not the original applicant, a copy of the appeal inspection certificate shall be mailed to the original applicant. An appeal inspection certificate which differs from the original as to grade nullifies the original.

History

[Eff 5/29/81; comp 8/18/83; am and comp 3/24/86] (Auth: HRS § 147-8) (Imp: HRS § 147-8)

Haw. Code R. § 4-41-22 Fees for inspection

(a) For each lot of agricultural products inspected under this chapter, an inspection service fee shall be charged at the rate of $33.40 per hour for regular time and $50.10 per hour for overtime.

(b) Additional charges may be made for transportation, travel time, per diem, traveling expenses, and other actual expenses incurred by the department or when an appeal inspection requiring the services of a second inspector is involved.

(c) Fees charged for appeal inspections in which the findings of the original inspection are sustained shall be double the fees of the original inspection. When it is judged that a material error in determination occurred in the original inspection and the findings are reversed, the fee for the appeal inspection shall not be charged to the applicant.

(d) Fees and related charges shall be paid by the applicant in accordance with the directions on the fee bill furnished by the inspector, and in advance if required by the inspector.

(e) When payments are by check, a service fee shall be assessed for each check that is not honored.

(f) Additional copies of any inspection certificate, other than those provided in section 4-41-20(b), may be supplied to any interested party upon payment of a fee of $l for each page.

History

[Eff 5/29/81; am and comp 8/18/83; am and comp 3/24/86; am 5/26/92; am 10/5/02] (Auth: HRS §§ 147-7 and 147-8) (Imp: HRS §§ 147-7 and 147-8)

Haw. Code R. § 4-41-23 Denial of service

Any intentional misrepresentation or any deceptive or fraudulent practice made or committed by any applicant for inspection or reinspection may be deemed sufficient cause for the department to refuse to provide inspection services.

History

[Eff 5/29/81; comp 8/18/83; am and comp 3/24/86] (Auth: HRS § 147-7) (Imp: HRS § 147-4)

Subchapter 7 STANDARDS FOR GRADES OF HAWAII-GROWN FRESH FRUITS AND VEGETABLES

Haw. Code R. § 4-41-25 Application of tolerances

As applied in this chapter and unless otherwise specified, averages for the entire lot, based on examination of representative samples, shall be within the tolerances specified in the grade, but the contents of individual packages or containers in any lot may vary from the specified tolerances, subject to the following limitations:

(1) When the tolerance specified is more than five per cent, individual packages or containers in any lot may contain not more than one and one-half times the tolerance, provided at least one specimen which fails to meet the requirements of the grade shall be permitted in any package or container; and

(2) When the tolerance specified is five per cent or less, individual packages or containers in any lot may contain not more than double the tolerance, provided at least one specimen which fails to meet the requirements of the grade shall be permitted in any package or container.

History

[Eff 5/29/81; am and comp 8/18/83; comp 3/24/86] (Auth: HRS § 147-4) (Imp: HRS § 147-4)

Chapter 42 STANDARDS FOR HAWAII-GROWN FLOWERS AND FOLIAGE

Subchapter 1 MINIMUM EXPORT REQUIREMENTS

Haw. Code R. § 4-42-1 Minimum grades for export

(a) The following minimum grades shall apply to Hawaii-grown flowers which are exported, intended for export, or otherwise destined for shipment by commercial exporters to points outside the State:

(1) Anthuriums shall meet the requirements of Hawaii Choice anthuriums, except that such flowers may not be fresh, may be poorly colored, and may show extensive seed formation, but the seeds shall not be mature, and except that flowers classified as Hawaii Standard anthuriums may be exported during the month of December;

(2) Baby wood rose clusters shall meet the requirements of Hawaii Standard baby wood rose clusters;

(3) Dendrobium orchid sprays shall meet the requirements of Hawaii Fancy dendrobium orchid sprays, except that sprays classified as Hawaii Standard dendrobium orchid sprays may be exported during the period from December 1 through March 31;

(4) Individual dendrobium orchids shall meet the requirements of Hawaii Fancy dendrobium orchids;

(5) Lipstick clusters shall meet the requirements of Hawaii Standard lipstick clusters;

(6) Red ginger shall meet the requirements of Hawaii Standard red ginger;

(7) Vanda joaquim orchids shall meet the requirements of Hawaii Standard vanda joaquim orchids;

(8) Wood roses shall meet the requirements of Hawaii Standard wood roses; and

(9) Leis shall be made from flowers which are properly developed, clean, well formed, fresh, firm, and reasonably intact. Leis shall be well strung and free from injury caused by bruises, discoloration, disease, insects, birds, or mechanical or other means, and shall not be less than thirty-six inches in length; provided that leis less than thirty-six inches in length may be shipped after the commercial exporter has obtained a permit from an authorized agent of the department, who shall issue the permit only if the commercial exporter has a firm order for the leis. Flowers used in a lei shall be considered properly developed when the flowers are at the stage of maturity considered to be suitable for lei making. Definitions of terms used in this paragraph shall be as provided in section 4-42-4.

(b) The following minimum grades shall apply to Hawaii-grown foliage which are exported, intended for export, or otherwise destined for shipment by commercial exporters to points outside the State:

(1) Green ti leaves shall meet the requirements of Hawaii Standard green ti leaves;

(2) Lycopodium sprays shall meet the requirements of Hawaii Standard lycopodium sprays;

(3) Variegated ti leaves shall meet the requirements of Hawaii Standard variegated ti leaves; and

(4) Volcano grass shall meet the requirements of Hawaii Standard volcano grass.

(c) Hawaii-grown dendrobium orchid plants which are exported, intended for export, or otherwise destined for shipment by commercial exporters to points outside the State shall meet the requirements of Hawaii Fancy dendrobium orchid plant.

(d) The requirements in subsections (a) and (b) may be deferred:

(1) When the flowers and foliage are to be exported for use in the tournament of roses or similar occasions, provided a written permit is obtained from an authorized inspector of the department; or

(2) When flowers and foliage are damaged by floods, high winds, volcanic eruptions, or other natural disasters and upon the recommendation of the flowers and foliage advisory committee member or members for the island involved, the department may declare that it is in the best interest of the flowers and foliage industry to relax the minimum export requirements on the items involved.

History

[Eff 5/29/81; am and comp JAN 16 1984] (Auth: HRS § 147-32) (Imp: HRS § 147-33)

Haw. Code R. § 4-42-2 Minimum container and packaging requirements for export

(a) No commercial exporter shall ship any flower or foliage item, except long-stem flowers, to any point outside the State unless the item is packaged in a new container which bears no printing, brands, labels, or other marks to indicate that the container is intended for some purpose other than for the shipment of flowers or foliage.

Long-stem flowers consisting of red ginger, shell ginger, heliconia, and birds-of-paradise may be packaged in used containers until the board of agriculture, acting on the advice and recommendation of the flowers and foliage advisory committee, finds the continued use of these containers unnecessary and not in the best interest of the flowers and foliage industry. Used containers shall be clean and sound and shall have all printings, labels, brands, or other markings not applicable to the current shipment completely obliterated.

(b) Vanda joaquim orchids shall be laid flat in layers in the package used for shipment; each layer shall be separated from other layers by wax paper or other suitable material and shall be only one flower thick; and there shall be no more than six layers in each package. Vanda joaquim orchids for sale for use in the tournament of roses need not meet these packing requirements; provided a written permit is obtained from an authorized inspector of the department.

History

[Eff 5/29/81; comp JAN 16 1984] (Auth: HRS § 147-32) (Imp: HRS § 147-33)

Haw. Code R. § 4-42-3 Provisions for enforcement, penalties, and prosecution

(a) Any authorized inspector of the department, during normal business hours, may enter any place or conveyance where flowers and foliage are processed, packed, stored, delivered for shipment, loaded, shipped, or transported and may take for inspection representative samples of these flowers and foliage and the containers used to ship these items, to determine if the flowers and foliage and the shipping containers meet the requirements of sections 4-42-1 and 4-42-2.

(b) Any authorized inspector of the department, upon determining that the requirements of sections 4-42-1 and 4-42-2 are being violated, may place stop sale notices on all flowers and foliage that are in violation. Flowers and foliage affected by stop sale notices shall not be moved until the stop sale notices have been removed by an authorized inspector of the department.

No person shall remove, deface, or otherwise tamper with any stop sale notice except upon authorization of an authorized inspector of the department.

(c) Any person who violates any provision of this chapter may be. subject to the actions, procedures, and penalties provided in section 147-37, Hawaii Revised Statutes.

History

[Eff. 5/29/81; am and comp JAN 16 1984] (Auth: HRS § 147-32) (Imp: HRS §§ 147-34 and 147-37)

Subchapter 2 STANDARDS FOR GRADES OF FLOWERS AND FOLIAGE

Haw. Code R. § 4-42-4 Definitions

As used in this subchapter, unless otherwise defined:

"Clean" means free from dirt, mildew, and other foreign matter;

"Damage" means any defect or combination of defects which materially affects the appearance or shipping quality of the flower or foliage;

"Dry" means free from moisture;

"Fairly clean" means not more than slightly affected by the presence of dirt, mildew, or other foreign matter;

"Fairly firm" means not more than very slightly wilted or very slightly flabby;

"Fairly well colored" means the colors are not more than very slightly faded;

"Fairly well formed" means the shape of the flower does not vary more than slightly from that typical of the variety;

"Firm" means there is no evidence of wilting;

"Fresh" means not wilted or flabby;

"Injury" means any defect or combination of defects which affects more than slightly the appearance or shipping quality of the flower or foliage. Any slight defect which so blends in with the general appearance of the product as to make it scarcely noticeable shall not constitute an injury;

"Intact" means the flower has all parts normally present and these parts are whole;

"Labellum" means the central petal (most highly colored portion) of the vanda joaquim orchid;

"Serious damage" means any defect or combination of defects which seriously affects the appearance or shipping quality of the flower or foliage;

"Similar varietal characteristics" means the flowers or foliage have the same general character of growth and color;

"Well colored" means the colors are bright and typical of the variety and there is, no evidence of fading;

"Well developed" means full growth has been attained and all parts are fully developed;

"Well formed" means the flower has the form typical of the variety; and

"Well strung" means the flowers are neatly strung on unbroken twine or wire and the two ends of the twine or wire are securely joined in such a manner that the join is not conspicuous. If the lei is beribboned, the ribbon shall be tied firmly and the bow attractively formed.

History

[Eff 5/29/81; am and comp JAN 16 1984] (Auth: HRS § 147-32) (Imp: HRS § 147-32)

Haw. Code R. § 4-42-5 Tolerances for defects

Unless otherwise provided for in this subchapter, the following tolerances for defects shall apply to grades of flowers and foliage:

(1) In order to allow for variations incident to proper grading and handling, not more than a total of five per cent, by count, of the flowers and foliage in any lot designated Hawaii Extra Fancy or Hawaii Fancy may fail to meet the requirements of the grade, but not more than two-fifths of this amount, or two per cent, shall be allowed for defects causing damage; and

(2) In order to allow for variations incident to proper grading and handling, not more than a total of five per cent, by count, of the flowers and foliage in any lot designated Hawaii Standard may fail to meet the requirements of this grade, but not more than two-fifths of this amount, or two per cent, shall be allowed for defects causing serious damage.

History

[Eff 5/29/81; comp JAN 16 1984] (Auth: HRS § 147-32) (Imp: HRS § 147-32)

Haw. Code R. § 4-42-6 Application of tolerances

Averages for the entire lot, based on the examination of representative samples, shall be within the tolerances specified, but individual quantities of any one type of flower or foliage in any package may contain not more than double the tolerance, provided that at least one specimen which fails to meet the requirements shall be permitted.

History

[Eff 5/29/81; comp JAN 16 1984] (Auth: HRS § 147-32) (Imp: HRS § 147-32)

Haw. Code R. § 4-42-7 Standards for akulikuli leis

(a) As used in this section:

"Akulikuli lei" means a lei which is made from buds or partially opened akulikuli flowers with the stem removed;

"Fairly well developed" means the flowers are slightly less than fully opened;

"Length" means the circumference of the circle formed by the lei, measured along the centerline of the lei;

"Reasonably intact" means the appearance and shipping quality of the lei are not affected by the absence of any floral part of any flower;

"Slightly developed" means the flowers are not more than just past the bud stage of development and are not more than very slightly opened; and

"Width" means the greatest measurement at right angles to the centerline of the lei.

(b) Hawaii Fancy akulikuli leis consist of akulikuli leis made from flowers of similar varietal characteristics which are not more than slightly developed, clean, well formed, fresh, firm, reasonably intact, and well colored. Leis shall be clean, well strung, and free from injury caused by disease, insects, birds, or mechanical or other means. Unless otherwise specified, each lei shall be not less than forty inches in length, nor less than two and one-half inches in width.

Leis which conform to all the requirements of Hawaii Fancy except as to similarity between the colors of the individual flowers in the lei, may be designated Hawaii Fancy Mixed Colors.

(c) Hawaii Standard akulikuli leis consist of akulikuli leis made from flowers of similar varietal characteristics which are not more than fairly well developed, clean, well formed, fresh, firm, and fairly well colored. Leis shall be clean, well strung, and free from damage caused by disease, insects, birds, or mechanical or other means. Unless otherwise specified, each lei shall be not less than thirty-six inches in length, nor less than two and one-half inches in width.

Leis which conform to all the requirements of Hawaii Standard except as to similarity between the colors of the individual flowers in the lei, may be designated Hawaii Standard Mixed Colors.

(d) In order to allow for variations incident to proper sizing, not more than a total of five per cent, by count, of the leis in any lot may fail to meet the specified minimum length or width, but not more than one-fifth of this amount, or one per cent, shall be permitted for leis more than two inches shorter than the minimum length specified.

History

[Eff 5/29/81; am and comp JAN 16 1984] (Auth: HRS § 147-32) (Imp: HRS § 147-32)

Haw. Code R. § 4-42-8 Standards for anthuriums

(a) As used in this section:

"Anthuriums" means that portion of the anthurium plant consisting of the stem, the spathe or leaf-like portion, and the spadix or fleshy spike on which the true flowers are borne, which shall be referred to in this section as the flower although the true flower is borne on the spadix. True flowers on the spadix shall be referred to in this section as true flowers;

"Damage" means any defect which materially affects the appearance or shipping quality of the flower. Any cut, tear, or bruise, or any combination of these defects, on the spathe or spadix, exceeding an aggregate area one-eighth inch in diameter on a medium- size flower, shall be considered damage. Smaller flowers shall have lesser areas of defects and larger flowers may have greater areas, provided that such defects do not affect the appearance of the flowers to a greater extent than that caused by defects which are permitted on a medium-size flower;

"Evidence of seed development" means the formation of the spadix indicates that seeds are beginning to develop;

"Fairly well developed" means the flower may be slightly immature, the spathe may be not quite full grown, and the development of true flowers on the spadix may extend not more than one-fourth its length;

"Fairly well formed" means the stem is not excessively bent or twisted, and the spathe and spadix are fairly typical of the variety and not excessively lopsided, curled, twisted, or otherwise misshapen;

"Firm" means the flower is fairly rigid in all respects. The stem is particularly rigid at the neck and the spathe and spadix are not limp or flabby;

"Good true flower development" means the true flowers on at least one-third of the length of the spadix have opened, indicating that the flower is mature;

"Length" means the distance between parallel lines drawn at right angles to the longitudinal axis at the base and at the tip of the spathe;

"Poorly colored" means the flower is considerably faded;

"Properly trimmed" means the stem is cut off cleanly;

"Similar varietal characteristics" means the stems, spathes, and spadices of the flowers are uniform in color and character of growth. Different shades of a color shall not be permitted;

"Size" means the dimension of the flower, determined by averaging the length and width of the spathe, expressed in inches;

"Slight evidence of seed development" means not more than one-fourth of the surface of the spadix is knobby;

"Well developed" means the spathe is full-grown and the spadix exhibits good true flower development for the variety;

"Well formed" means the two sides of the spathe are fairly symmetrical, the stem is fairly straight, and the conformation of the spadix and the various parts of the flower in relation to each other is characteristic of the variety; and

"Width" means the greatest distance between two lines drawn parallel to the longitudinal axis of the spathe at "the two points which are furthest from the longitudinal axis.

(b) Hawaii Extra Fancy anthuriums consist of anthuriums of similar varietal characteristics which are well developed, clean, well formed, intact, fresh, firm, properly trimmed, well colored, show no evidence of seed development, and free from injury caused by disease, insects, or mechanical or other means. The length of the stem shall be two and one-half times the size of the individual anthurium.

In order to allow for variations incident to proper grading and handling, not more than two per cent, by count, of the flowers in any lot may fail to meet the requirements of this grade.

(c) Hawaii Fancy anthuriums consist of anthuriums which are well developed, clean, well formed, intact, fresh, firm, properly trimmed, well colored, show no evidence of seed development, and free from injury caused by disease, insects, or mechanical or other means. Unless otherwise specified, the length of the stem shall be two and one-half times the size of the individual anthurium.

In order to allow for variations incident to proper grading and handling, not more than a total of two per cent, by count, of the flowers in any lot may fail to meet the requirements of this grade.

(d) Hawaii Choice anthuriums consist of anthuriums which are well developed, clean, fairly well formed, intact, fresh, firm, properly trimmed,, fairly well colored, show no evidence of seed development, and free from damage caused by disease, insects, or mechanical or other means. Unless otherwise specified, the length of the stem shall be two times the size of the individual anthurium.

In order to allow for variations incident to proper grading and handling, not more than a total of five per cent, by count, of the flowers in any lot may fail to meet the requirements of this grade.

(e) Hawaii Standard anthuriums consist of anthuriums which are fairly well developed, clean, fairly well formed, fairly fresh, fairly firm, properly trimmed, not poorly colored, show no more than slight evidence of seed development, and free from serious damage caused by disease, insects, or mechanical or other means. Unless otherwise specified, the length of the stem shall at least equal the size of the individual anthurium.

In order to allow for variations incident to proper grading and handling, not more than a total of eight per cent, by count, of the flowers in any lot may fail to meet the requirements of this grade.

(f) Size of anthuriums may be specified in connection with the grade, based on the following optional size classifications:

(1) Miniature, under three inches;

(2) Small, three to four inches;

(3) Medium, over four and up to five inches;

(4) Large, over five and up to six inches; or

(5) Extra large, over six inches.

In order to allow for variations incident to proper sizing, not more than a total of ten per cent, by count, of the flowers in any lot may vary from the size specified, but not more than one-tenth of this amount, or one per cent, shall be permitted for flowers which are more than one-fourth inch smaller than the size specified.

History

[Eff 5/29/81; am and comp JAN 16 1984] (Auth: HRS § 147-32) (Imp: HRS § 147-32)

Haw. Code R. § 4-42-9 Standards for baby wood rose clusters

(a) As used in this section:

"Baby wood rose cluster" means the stem, sepals, and four or more fruiting capsules of the silver morning glory vine (Argyreia nervosa);

"Damage" means any defect or combination of defects which materially affects the appearance or shipping quality of the wood rose cluster. Punctures in the fruiting capsules that are scarcely noticeable and the removal of fruiting capsules and attached sepals and stem which does not materially affect the appearance of the cluster, shall not constitute damage;

"Fairly well colored" means the brown coloring of the fruiting capsules is not more than slightly faded;

"Fairly well formed" means the baby wood rose cluster is not excessively spread and not so otherwise misshapen as to seriously affect its appearance;

"Firm" means the stems are stiff and the sepals and fruiting capsules are firmly attached;

"Injury" means any defect which affects the appearance or shipping quality of the baby wood rose cluster more than slightly. Any slight defect which blends in with the general appearance of the cluster and is barely noticeable shall not be considered as injury, but any insect puncture on the fruiting capsule shall be considered as injury. The removal of fruiting capsules and attached sepals and stem which does not affect the appearance of the cluster more than slightly, shall not be considered as injury;

"Length of stem" means the distance from the point where the stem has been severed from the vine to the first bunch;

"Properly trimmed" means the stem has been cut off neatly;

"Reasonably intact" means the baby wood roses in a cluster have all parts normally present and these parts are whole, provided that no more than three sepals per cluster and no more than one sepal per baby wood rose are missing or broken and provided that no broken sepal is ragged in appearance;

"Well colored" means the color of the stems and underside of the sepals is characteristically grayish white, and the fruiting capsules have the brown color typical of the variety; and

"Well formed" means the baby wood rose cluster has the shape typical of the variety and the sepals are mostly widespread.

(b) Hawaii Fancy baby wood rose clusters consist of baby wood rose clusters of similar varietal characteristics which are well developed, clean, well formed, reasonably intact, firm, dry, well colored, properly trimmed, and free from injury caused by disease, insects, or mechanical or other means. A cluster shall consist of seven or more fruiting capsules. Stems shall be not less than three inches in length.

In order to allow for variations incident to proper grading and handling, not more than a total of- five per cent, by count, of the baby wood rose clusters in any lot may fail to meet the requirements of this grade, but not more than two-fifths of this amount, or two per cent, shall be allowed for defects causing damage, including not more than one per cent for clusters with less than seven fruiting capsules.

(c) Hawaii Standard baby wood rose clusters consist of baby wood rose clusters of similar varietal characteristics which are well developed, clean, fairly well formed, firm, dry, fairly well colored, properly trimmed, and free from damage caused by disease, insects, or mechanical or other means. A cluster shall consist of four or more fruiting capsules. Stems shall be not less than one inch in length.

In order to allow for variations incident to proper grading and handling, not more than a total of five per cent, by count, of the baby wood rose clusters in any lot may fail, to meet the requirements of this grade, but not more than two-fifths of this amount, or two per cent, shall be allowed for defects causing serious damage, including not more than one per cent for clusters with less than four fruiting capsules.

History

[Eff 5/29/81; am and comp JAN 16 1984] (Auth: HRS § 147-32) (Imp: HRS § 147-32)

Haw. Code R. § 4-42-10 Standards for birds-of-paradise

(a) As used in this section:

"Bird-of-paradise" means the stem and inflorescence of the Strelitzia reginae plant, consisting of one or two boatshaped bracts borne on the stem and the flowers which are held in the bract;

"Clean" means the bird-of-paradise is practically free from dirt and other foreign matter. A small amount of dirt inside the bracts, which cannot be removed by good commercial methods of washing, shall be permitted;

"Damage" means any defect which materially affects the appearance or shipping quality of the bird-of-paradise. Any defect or combination of defects so located as to be prominent or affects an aggregate area exceeding three-fourths inch in diameter shall be considered as damage, unless such defect or combination of defects is on the stem;

"Fairly well colored" means the color of the sepals on the first appearing flower may be very slightly brown but the color of the sepals on the remaining flowers shall be bright and characteristic of the variety, and the tongue may be light colored;

"Injury" means any defect which more than slightly affects the appearance or shipping quality of the bird-of-paradise. Any defect or combination of defects affecting an. aggregate area more than three-eighths inch in diameter shall be considered as injury, unless such defect or combination of defects is on the stem;

"Properly trimmed" means the stem has been cut off neatly and is at least ten inches in length;

"Reasonably intact" means the bird-of-paradise has all parts normally present and these parts are whole, except that one flower may have been removed; and

"Well developed" means the bract is quite plump and the first flower is exposed.

(b) Hawaii Fancy birds-of-paradise consist of birds-of-paradise of similar varietal characteristics which are well developed, clean, well formed, intact, fresh, firm, well colored, properly trimmed, and free from injury caused by disease, insects, or mechanical or other means.

(c) Hawaii Standard birds-of-paradise consist of birds-of-paradise of similar varietal characteristics which are well developed, clean, well formed, reasonably intact, fresh, firm, fairly well colored, properly trimmed, and free from damage caused by disease, insects, or mechanical or other means.

History

[Eff 5/29/81; am and comp JAN 16 1984] (Auth: HRS § 147-32) (Imp: HRS § 147-32)

Haw. Code R. § 4-42-11 Standards for carnation leis

(a) As used in this section:

"Carnation lei" means a lei made using carnation flowers with the stems removed;

"Length" means the circumference of the circle formed by the lei, measured along the centerline of the lei; and

"Reasonably intact" means the appearance and shipping quality of the lei are unaffected by the absence of any floral part of any flower.

(b) Hawaii Fancy carnation leis consist of carnation leis made from flowers of similar varietal characteristics which are well developed, clean, reasonably intact, fresh, firm, and well colored. Leis shall be clean, well strung, and free from injury caused by disease, birds, insects, or mechanical or other means. Unless otherwise specified, each lei shall be not less than forty inches in length.

Leis which conform to all the requirements of Hawaii Fancy except as to similarity between the colors of the individual flowers in the lei, may be designated Hawaii Fancy Mixed Colors.

(c) Hawaii Standard carnation leis consist of carnation leis made from flowers of similar varietal characteristics which are well developed, clean, fairly-fresh, fairly firm, and fairly well colored. Leis shall be clean, well strung, and free from damage caused by disease, birds, insects, or mechanical or other means. Unless otherwise specified, each lei shall be not less than thirty-six inches in length.

Leis which conform to all the requirements of Hawaii Standard except as to similarity between the colors of the individual flowers in the lei, may be designated Hawaii Standard Mixed Colors.

(d) In order to allow for variations incident to proper sizing, not more than a total of five per cent, by count, of the leis in any lot may fail to meet the specified minimum length, but not more than one-fifth of this amount, or one per cent, shall be permitted for leis more than two inches shorter than the minimum length specified.

History

[Eff 5/29/81; am and comp JAN 16 1984] (Auth: HRS § 147-32) (Imp: HRS § 147-32)

Haw. Code R. § 4-42-12 Standards for croton leaves

(a) As used in this section:

"Broad-leaf types" means types of croton which bear leaves that are less than three times as long as wide;

"Damage" means any defect which materially affects the appearance or shipping quality of the leaf. Any one of the following defects, or any combination of defects, the seriousness of which exceeds the maximum allowed for any one defect, shall be considered as damage:

(1) Breaks, cuts, or bruises/ when aggregating more than one-fourth inch in diameter;

(2) Breaks, cuts, or bruises, when more than three are present; or

(3) Breaks, cuts, or bruises, when so close together as to materially affect the appearance of the leaf;

"Length" means the greatest dimension of the leaf blade measured in a straight line, exclusive of the stem;

"Narrow-leaf types" means types of croton which bear leaves that are three times as long as wide or longer. For the purpose of these standards, a lot of similar croton leaves will be considered as belonging to the narrow-leaf type if any leaf fails to meet the requirements for broad-leaf croton leaves. In the case of mixed varieties, any one variety in the mixture will be considered a narrow-leaf type if any leaf of that variety in the mixture fails to meet the requirement for broad-leaf croton leaves;

"Properly trimmed" means the stems are neatly cut off;

"Well developed" means the leaf shows normal growth and is reasonably tough in texture; and

"Well formed" means the leaf is symmetrical and has the normal shape of the variety.

(b) Hawaii Fancy croton leaves consist of croton leaves of similar varietal characteristics which are well developed, clean, well formed, fresh, firm, well colored, properly trimmed, and free from injury caused by disease, insects, or mechanical or other means.

Broad-leaf type croton leaves shall be five inches or more in length and narrow-leaf type croton leaves shall be seven inches or more in length.

Croton leaves which conform to all the requirements of Hawaii Fancy except as to variety, may be designated Hawaii Fancy Mixed Varieties.

(c) Hawaii Standard croton leaves consist of croton leaves of similar varietal characteristics which are well developed, clean, well formed, fresh, firm, well colored, properly trimmed, and free from damage caused by disease, insects, or mechanical or other means.

Broad-leaf type croton leaves shall be five inches or more in length and narrow-leaf type croton leaves shall be seven inches or more in length.

Croton leaves which conform to all the requirements of Hawaii Standard except as to variety, may be designated Hawaii Standard Mixed Varieties.

(d) In order to allow for variations incident to proper sizing, not more than a total of five per cent, by count, of the leaves in any lot may fail to meet the requirement for length, but not more than one- fifth of this amount, or one per cent, shall be permitted for leaves more than one-half inch shorter than the minimum length specified.

History

[Eff 5/29/81; am and comp JAN 16 1984] (Auth: HRS § 147-32) (Imp: HRS § 147-32)

Haw. Code R. § 4-42-13 Standards for cymbidium orchid sprays

(a) As used in this section:

"Cymbidium orchid sprays" means the racemes of various cymbidium orchids, each consisting of the stalk, stems, and four or more flowers;

"Damage" means any defect or combination of defects which materially affects the appearance or shipping quality of the spray. Removal of any flower other than those at the base of the spray constitutes damage;

"Intact" means the spray has all parts present and these parts are whole, except that old or damaged flowers may be removed from the base of the spray, provided its appearance or shipping quality is not affected;

"Properly trimmed" means the stalks have been cut off cleanly;

"Size" means the average of the width and the length of the largest flower in the spray as measured, respectively, at right angles and parallel to the longitudinal axis;

"Well developed" means the specified minimum number of flowers in the spray have attained full growth; and

"Well formed" means the general structure of the spray and the shape of the individual flowers are typical of the variety, and the flowers are symmetrical.

(b) Hawaii Extra Fancy cymbidium orchid sprays consist of cymbidium orchid sprays of similar varietal characteristics which are well developed, clean, well formed, intact, fresh, firm, well colored, properly trimmed, and free from injury caused by disease, insects, birds, or mechanical or other means. Each spray shall consist of six or more flowers.

(c) Hawaii Fancy cymbidium orchid sprays consist of cymbidium orchid sprays which are well developed, clean, well formed, intact, fresh, firm, well colored, properly trimmed, and free from injury caused by disease, insects, birds, or mechanical or other means. Each spray shall consist of five or more flowers.

(d) Hawaii Standard cymbidium orchid sprays consist of cymbidium orchid sprays which are well developed, clean, well formed, fresh, firm, well colored, properly trimmed, and free from damage caused by disease, insects, birds, or mechanical or other means. Each spray shall consist of four or more flowers.

(e) The applicable size classification for cymbidium orchid sprays may be specified in connection with the grade, as follows:

(1) Small, under three and one-half inches;

(2) Medium, three and one-half to four and one-half inches; or

(3) Large, over four and one-half inches.

In order to allow for variations incident to proper sizing, not more than a total of ten per cent, by count, of the sprays in any lot may vary from the size specified, but not more than one-half of this amount, or five per cent, shall be permitted for sprays which are more than one-fourth inch smaller than the size specified.

History

[Eff 5/29/81; am and comp JAN 16 1984] (Auth: HRS § 147-32) (Imp: HRS § 147-32)

Haw. Code R. § 4-42-14 Standards for dendrobium orchid sprays

(a) As used in this section:

"Dendrobium orchid sprays" means the racemes of the various dendrobium orchids, consisting of the stalk, stems, and flowers;

"Firm" means the flowers and stems are turgid and firmly attached to the main stalk;

"Intact" means all flowers present are whole and not more than two damaged flowers have been removed from the spray, provided that the appearance or shipping quality of the spray is not appreciably affected by such removal of damaged flowers;

"Properly trimmed" means the stalk has been cut off cleanly; removed flowers have been severed neatly; and the distance from the lowermost flower to the cut end of the stem is not less than four inches;

"Well developed" means at least sixty per cent of the flowers on the spray have attained full bloom; and

"Well formed" means the general structure of the spray and the shape of the individual flowers are typical of the variety, and the flowers are symmetrical.

(b) Hawaii Fancy dendrobium orchid sprays consist of dendrobium orchid sprays which are well developed, clean, well formed, intact, fresh, firm, well colored, properly trimmed, and free from injury caused by disease, insects, birds, or mechanical or other means.

(c) Hawaii Standard dendrobium orchid sprays consist of dendrobium orchid sprays which are well developed, clean, well formed, fresh, firm, well colored, properly trimmed, and free from damage caused by disease, insects, birds, or mechanical or other means.

(d) The applicable spray length classification for dendrobium orchid sprays may be specified in connection with the grade, as follows:

(1) Short, nine to thirteen inches;

(2) Medium, fourteen to twenty inches; or

(3) Long, twenty-one or more inches.

In order to allow for variations incident to proper sizing, not more than a total of five per cent, by count, of the sprays in any lot may vary from the length specified.

History

[Eff 5/29/81; am and comp JAN 16 1984] (Auth: HRS § 147-32) (Imp: HRS § 147-32)

Haw. Code R. § 4-42-15 Standards for red ginger

(a) As used in this section:

"Clean" means the red ginger flowers are practically free from dirt or other foreign matter. Small amounts of dirt deep inside the bracts which cannot be removed by good commercial methods shall be permitted;

"Damage" means any defect which materially affects the appearance or shipping quality of the flower. Any defect or combination of defects affecting an aggregate area exceeding three-eighths inch in diameter shall be considered damage;

"Fairly well formed" means the flower spike is fairly compact and not more than slightly lacking in symmetry;

"Injury" means any defect that more than slightly affects the appearance or shipping quality of the flower. Any defect or combination of defects affecting an aggregate area exceeding one-fourth inch in diameter shall be considered injury, unless such defect or combination of defects is on the stem or leaf;

"Intact" means the red ginger flower has all parts normally present and these parts are whole. Leaves may or may not be present;

"Length of spike" means the distance from the axil of the uppermost leaf to the tip of the inflorescence;

"Length of stem" means the distance from the axil of the uppermost leaf to the cut end of the stem;

"Properly trimmed" means the stem has been cut off cleanly and the stumps of removed leaves are not so prominent or ragged as to materially affect the appearance of the flower;

"Reasonably intact" means the appearance or shipping quality of the red ginger flower is not noticeably affected by the absence of entire flower parts or portions of flower parts;

"Red ginger flower" means the flower spike, stem, and any attached leaves of the species Alpinia purpurata;

"Well colored" means the characteristic red color of the flower bracts is bright; the stem is not discolored or off-colored; and any leaves present are uniformly green;

"Well developed" means approximately one-third or more of the bracts on the spike have opened; there is some evidence of flower development; and the stem is at least three-eighths inch in diameter at the cut end; and

"Well formed" means the flower spike is compact and symmetrical.

(b) Hawaii Fancy red ginger consists of red ginger flowers of similar varietal characteristics which are well developed, clean, well formed, intact, fresh, firm, well colored, properly trimmed, and free from injury caused by disease, insects, or mechanical or other means. Flower spikes shall be at least eight inches in length and stems shall be at least twelve inches in length.

(c) Hawaii Standard red ginger consists of red ginger flowers of similar varietal characteristics which are well developed, clean, fairly well formed, reasonably intact, fresh, firm, well colored, properly trimmed, and free from damage caused by disease, insects, or mechanical or other means. Flower spikes shall be at least six inches in length and stems shall be at least eight inches in length.

History

[Eff 5/29/81; am and comp JAN 16 1984] (Auth: HRS § 147-32) (Imp: HRS § 147-32)

Haw. Code R. § 4-42-16 Standards for shell ginger

(a) As used in this section:

"Clean" means practically free from dirt or other foreign matter;

"Damage" means any defect which materially affects the appearance or shipping quality of the shell ginger flower. Any defect or any combination of defects affecting an aggregate area exceeding three-eighths inch in diameter shall be considered as damage, unless such defect or combination of defects is on the stem or leaf;

"Injury" means any defect which more than slightly affects the appearance or shipping quality of the shell ginger flower. Any defect or combination of defects affecting an aggregate area one-fourth inch in diameter shall be considered as injury, unless such defect or combination of defects is on the stem or leaf;

"Intact" means the shell ginger flower has all parts normally present and these parts are whole. Leaves may or may not be present;

"Length of spike" means the distance from the base of the two bracts enclosing the inflorescence to the opposite end of the spike;

"Length of stem" means the distance from the base of the two bracts enclosing the inflorescence to the cut end of the stem;

"Properly trimmed" means the stem is twelve inches or more in length and cut off cleanly, and the stumps of removed leaves are not so prominent or ragged as to materially affect the appearance of the shell ginger flower;

"Shell ginger flower" means the flower spike made up of the numerous bracts and flowers of the species Alpinia nutans, and includes the leaves and stem;

"Well colored" means the colors of the shell ginger flower are bright and typical of the variety and any leaves present are uniformly green;

"Well developed" means the two bracts enclosing the flower spike are loose enough to allow easy separation for exposure of the enclosed flowers and the stem at its outer end is at least three-eighths inch in diameter; and

"Well formed" means the flower spike is compact and tapering and has the normal shape of the variety.

(b) Hawaii Fancy shell ginger consists of shell ginger flowers of similar varietal characteristics which are well developed, clean, well formed, intact, fresh, firm, well colored, properly trimmed, and free from injury caused by disease, insects, or mechanical or other means. Flower spikes shall be at least nine inches in length.

(c) Hawaii Standard shell ginger consists of shell ginger flowers of similar varietal characteristics which are well developed, clean, well formed, intact, fresh, firm, well colored, properly trimmed, and free from damage caused by disease, insects, or mechanical or other means. Flower spikes shall be at least seven inches in length.

History

[Eff 5/29/81; am and comp JAN 16 1984] (Auth: HRS § 147-32) (Imp: HRS § 147-32)

Haw. Code R. § 4-42-17 Standards for green ti leaves

(a) As used in this section:

(1) Breaks or cuts, when exceeding two inches in length;

(2) Discolored areas and bruises (other than those affecting the margin), when exceeding one-half inch in diameter in the aggregate; or

(3) Yellow or brown spots (exclusive of slight yellowing allowed along the margin of the leaf), when prominent or when not blending with the green color of the leaf so as to materially affect appearance;

"Fairly fresh" means the leaf is not more than slightly wilted;

"Fairly well colored" means the characteristic green color is not so faded as to materially affect the appearance of the leaf and a slight yellowing is permitted along the margin of the leaf;

"Green ti leaves" means the leaves of the species Cordyline terminalis;

"Intact" means the leaf blade is whole and untrimmed;

"Length" means the length of the leaf blade, exclusive of the petiole;

"Mature" means the leaf is reasonably tough in texture;

"Not poorly colored" means the characteristic green color is not so faded as to seriously affect the appearance of the leaf and yellowing is permitted along the margin of the leaf;

"Properly trimmed" means the stem is cleanly cut off and extends at least three inches below the bottom of the leaf blade;

"Serious damage" means any defect or combination of defects which seriously affects the appearance or shipping quality of the leaf. Yellow or brown spots (exclusive of the yellowing allowed along the leaf margin), when prominent or when not blending with the green color of the leaf so as to seriously affect appearance shall be considered as serious damage;

"Well colored" means the color of the leaf is practically uniform and characteristically green; and

"Well formed" means the leaf is symmetrical and has the normal shape for the variety.

(b) Hawaii Extra Fancy green ti leaves consist of green ti leaves of similar varietal characteristics which are well developed, mature, clean, well formed, intact, fresh, well colored, properly trimmed, and free from yellow or brown spots and from injury caused by disease, insects, or mechanical or other means.

(c) Hawaii Fancy green ti leaves consist of green ti leaves which are well developed, mature, clean, well formed, intact, fresh, fairly well colored, properly trimmed, and free from damage caused by yellow or brown spots, disease, insects, or mechanical or other means.

In order to allow for variations, other than size, incident to proper grading and handling, not more than a total of ten per cent, by count, of the leaves in any lot may fail to meet the requirements of this grade, but not more than two-fifths of this amount, or four per cent, shall be allowed for defects causing serious damage.

(d) Hawaii Standard green ti leaves consist of green ti leaves which are well developed, clean, well formed, intact, fairly fresh, not poorly colored, properly trimmed, and free from serious damage caused by yellow or brown spots, disease, insects, or mechanical or other means.

(e) Size of green ti leaves may be specified in connection with the grade, based on the following size classifications:

(1) Small, ten to sixteen inches in length;

(2) Medium, sixteen to twenty-five inches in length; or

(3) Large, twenty-five inches and longer.

In order to allow for variations incident to proper sizing, not more than a total of five per cent, by count, of the leaves in any lot may fail to meet the requirement for length, but not more than one-fifth of this amount, or one per cent, shall be permitted for leaves more than one-half inch shorter than the minimum length specified.

History

[Eff 5/29/81; am and comp JAN 16 1984] (Auth: HRS § 147-32) (Imp: HRS § 147-32)

Haw. Code R. § 4-42-18 Standards for heliconias

(a) As used in this section:

"Clean" means practically free from dirt or other foreign matter, except that small amounts of dirt inside the bracts which cannot be removed by good commercial methods of washing shall be permitted;

"Damage" means any defect which materially affects the appearance or shipping quality of the heliconia. Any defect or combination of defects affecting an aggregate area exceeding one-half inch in diameter shall be considered as damage, unless such defect or combination of defects is on the stem or is otherwise inconspicuous;

"Fairly well developed" means one bract is at least slightly opened and the flower is visible;

"Heliconias" means the inflorescences of the several species of the heliconia plant, consisting of the stem, bracts, and flowers;

"Intact" means the heliconia has all parts normally present and these parts are whole, except that flowers may be removed;

"Properly trimmed" means both ends of the stem are cut off neatly and the length of the stem below the spike is at least six inches;

"Serious damage" means any defect which seriously affects the appearance or shipping quality of the heliconia. Any defect or combination of defects affecting an aggregate area exceeding three-fourths inch in diameter shall be considered as serious damage, unless such defect or combination of defects is on the stem or is otherwise inconspicuous;

"Well developed" means at least two bracts are open and show some evidence of flower development; and

"Well formed" means the shape of the heliconia varies no more than slightly from the shape normal for the variety, and the bracts are plump and not straggly for the variety.

(b) Hawaii Fancy heliconias consist of heliconias of similar varietal characteristics which are well developed, clean, well formed, intact, fresh, firm, well colored, properly trimmed, and free from damage caused by disease, insects, or mechanical or other means.

In order to allow for variations incident to proper grading and handling, not more than a total of five per cent, by count, of the heliconias in any lot may fail to meet the requirements of this grade, but not more than two-fifths of this amount, or two per cent, shall be allowed for defects causing serious damage.

(c) Hawaii Standard heliconias consist of heliconias of similar varietal characteristics which are fairly well developed, clean, well formed, intact, fresh, firm, well colored, properly trimmed, and free from serious damage caused by disease, insects, or mechanical or other means.

In order to allow for variations incident to proper grading and handling, not more than a total of five per cent, by count, of the heliconias in-any lot may fail to meet the requirements of this grade.

History

[Eff 5/29/81; am and comp JAN 16 1984] (Auth: HRS § 147-32) (Imp: HRS § 147-32)

Haw. Code R. § 4-42-19 Standards for individual cymbidium orchids

(a) As used in this section:

"Size" means the greatest dimension of the flower, measured in a straight line and with the various parts of the flower in normal position; and

"Well formed" means the flower is symmetrical and its form is typical of the variety.

(b) Hawaii Extra Fancy cymbidium orchids consist of individual cymbidium orchids of similar varietal characteristics which are well developed, clean, well formed, intact, fresh, firm, well colored, and free from injury caused by disease, insects, birds, or mechanical or other means.

(c) Hawaii Fancy cymbidium orchids consist of individual cymbidium orchids which are well developed, clean, well formed, intact, fresh, firm, well colored, and free from injury caused by disease, insects, birds, or mechanical or other means.

(d) Hawaii Standard cymbidium orchids consist of individual cymbidium orchids which are well developed, clean, well formed, intact, fresh, firm, well colored, and free from damage caused by disease, insects, birds, or mechanical or other means.

(e) Size of cymbidium orchids may be specified in connection with the grade, based on the following size classifications:

(1) Small, under two inches;

(2) Medium, two to three inches; or

(3) Large, over three inches.

In order to allow for variations incident to proper sizing, not more than a total of ten per cent, by count, of the flowers in any lot may vary from the size specified, but not more than one-half of this amount, or five per cent, shall be permitted for flowers which are more than one-fourth inch smaller than the size specified.

History

[Eff 5/29/81; am and comp JAN 16 1984] (Auth: HRS § 147-32) (Imp: HRS § 147-32)

Haw. Code R. § 4-42-20 Standards for individual dendrobium orchids

(a) As used in this section:

"Size" means the greatest dimension of the flower, measured in a straight line and with the various parts of the flower in normal position; and

"Well formed" means the flower is symmetrical and its form is typical of the variety.

(b) Hawaii Fancy dendrobium orchids consist of individual dendrobium orchids which are well developed, clean, well formed, intact, fresh, firm, well colored, and free from injury caused by disease, insects, birds, or mechanical or other means.

(c) Hawaii Standard dendrobium orchids consist of individual dendrobium orchids which are well developed, clean, well formed, intact, fresh, firm, well colored, and free from damage caused by disease, insects, birds, or mechanical or other means.

(d) Size of dendrobium orchids may be specified in connection with the grade, based on the following size classifications:

(1) Small, under two inches;

(2) Medium, two to three inches; or

(3) Large, over three inches.

In order to allow for variations incident to proper sizing, not more than a total of ten per cent, by count, of the flowers in any lot may vary from the size specified, but not more than one-half of this amount, or five per cent, shall be permitted for flowers which are more than one-fourth inch smaller than the size specified.

History

[Eff 5/29/81; am and comp JAN 16 1984] (Auth: HRS § 147-32) (Imp: HRS § 147-32)

Haw. Code R. § 4-42-21 Standards for individual vanda hybrid orchids

(a) As used in this section:

"Damage" means any defect or combination of defects which materially affects the appearance or shipping quality of the-flower. Any defect or combination of defects exceeding an aggregate area one-eighth inch in diameter shall be considered as damage;

"Individual vanda hybrid orchids" means vanda hybrid orchids which have been detached from the main flower spike and consist of the stem and all floral parts normally present;

"Size" means the average of the width and length of the flower as measured, respectively, at right angles and parallel to the longitudinal axis;

"Well developed" means the flower has attained full growth and is fully opened; and

"Well formed" means the flower is practically symmetrical and its form is typical of the variety.

(b) Hawaii Extra Fancy vanda hybrid orchids consist of individual vanda hybrid orchids of similar varietal characteristics which are well developed, clean, well formed, intact, fresh, firm, well colored, and free from injury caused by insects, birds, or mechanical or other means.

(c) Hawaii Fancy vanda hybrid orchids consist of individual vanda hybrid orchids which are well developed, clean, well formed, intact, fresh, firm, well colored, and free from injury caused by insects, birds, or mechanical or other means.

(d) Hawaii Standard vanda hybrid orchids consist of individual vanda hybrid orchids which are well developed, clean, well formed, intact, fresh, firm, well colored, and free from damage caused by insects, birds, or mechanical or other means.

(e) Size of individual vanda hybrid orchids may be specified in connection with the grade, based on the following size classifications:

(1) Small, under three inches;

(2) Medium, three to three and one-half inches; or

(3) Large, over three and one-half inches.

In order to allow for variations incident to proper sizing, not more than a total of ten per cent, by count, of the flowers in any lot may vary from the size specified, but not more than one-half of this amount, or five per cent, shall be permitted for flowers which are more than one-fourth inch smaller than the size specified.

History

[Eff 5/29/81; am and comp JAN 16 1984] (Auth: HRS § 147-32) (Imp: HRS § 147-32)

Haw. Code R. § 4-42-22 Standards for lani leis

(a) As used in this section:

"Intact" means the flower has all parts present (except for the stem and two white petals) and these parts are whole;

"Lani lei" means a lei which is made using the flowers of the vanda joaquim orchid, with or without the stems removed, and with the wire passing through alternate sides of the labellum. This lei is also known as the chenille lei;

"Length" means the circumference of the circle formed by the lei, measured along the centerline of the lei;

"Serious damage" means any defect or combination of defects which seriously affects the appearance or shipping quality of the lei. Any injury to the pollinium shall constitute a serious damage; and

"Well formed" means the flower is symmetrical and has the form characteristic of the variety, and the general formation of the lei is characteristic of the type.

(b) Hawaii Fancy lani leis consist of lani leis made from flowers of similar varietal characteristics which are well developed, clean, well formed, intact, fresh, firm, and well colored. Leis shall be clean, well strung, and free from injury caused by disease, insects, birds, or mechanical or other means.

In order to allow for variations incident to proper grading and handling, not more than a total of five per cent, by count, of the leis in any lot may fail to meet the requirements of this grade, but not more than two-fifths of this amount, or two per cent, shall be allowed for defects causing damage, including not more than two per cent which shall be permitted for leis made from flowers which show injury to the pollen cap, provided that there shall be no tolerance for leis made from flowers from which the pollen grains have been dislodged.

Unless otherwise specified, each lei shall be not less than forty inches in length and shall consist of not less than thirty-five flowers.

(c) Hawaii Standard lani leis consist of lani leis made from flowers of similar varietal characteristics which are well developed, clean, well formed, intact, fairly fresh, fairly firm, and fairly well colored. Leis shall be clean, well strung, and free from damage caused by disease, insects, birds, or mechanical or other means.

In order to allow for variations incident to proper grading and handling, not more than a total of five per cent, by count, of the leis in any lot may fail to meet the requirements of this grade, but not more than two-fifths of this amount, or two per cent, shall be allowed for defects causing serious damage, including not more than two per cent which shall be permitted for leis made from flowers which show injury to the pollen cap, provided that there shall be no tolerance for leis made from flowers from which the pollen grains have been dislodged.

Unless otherwise specified, each lei shall be not less than forty inches in length and shall consist of not less than thirty-five flowers.

(d) In order to allow for variations incident to proper sizing, not more than a total of five per cent, by count, of the leis in any lot may fail to meet the minimum length, but not more than one-fifth of this amount, or one per cent, shall be permitted for leis more than two inches shorter than the minimum length specified.

History

[Eff 5/29/81; am and comp JAN 16 1984] (Auth: HRS § 147-32) (Imp: HRS § 147-32)

Haw. Code R. § 4-42-23 Standards for lipstick clusters

(a) As used in this section:

"Damage" means any defect which materially affects the appearance or shipping quality of the lipstick cluster. Any defect or combination of defects affecting an aggregate area exceeding one-fourth inch in diameter shall be considered as damage, unless such defect or combination of defects is on the stem or is otherwise inconspicuous;

"Fairly well colored" means the outside of the capsules may be slightly blackened at the base but not to such an extent as to materially affect the appearance of the lipstick cluster;

"Fairly well formed" means the fruiting capsule of the lipstick cluster is not excessively spread and not so otherwise misshapen as to materially affect the appearance of the cluster;

"Firm" means the stems are stiff and the capsules and seeds are firmly attached;

"Length of stem" means the distance from the point where the cluster is cut off to the first branch, or when several clusters are attached to the same plant part, the greatest distance between the lowermost branch holding the fruiting capsule and the farthest point at which the stem can be cut off to form a cluster and at the same time not affect stems from other clusters on the same plant part;

"Lipstick cluster" means the stems and fruiting capsules containing matured seeds of the arnotto dye (Bixa orellana) plant. Although several clusters may be present on the same plant part, a cluster is considered to be a group of closely associated fruit capsules on a single stem. When two or more clusters are present on the same plant part, for the purpose of these standards, each cluster shall be considered a separate cluster;

"Properly trimmed" means the stems have been cut off cleanly and if capsules have been removed, these have been severed neatly;

"Reasonably intact" means the lipstick cluster has all parts normally present and these parts are whole, except that some capsules and attached stems may be removed, provided the appearance or shipping quality of the cluster is not materially affected;

"Well colored" means the color of the outside of the capsule is characteristically brown and the covering of the seeds is characteristically dull red in color;

"Well developed" means the lipstick cluster has attained full growth, all parts are fully developed, and at least eighty per cent of the capsules are open so that the seeds are exposed; and

"Well formed" means the lipstick clusters are fairly compact and have the shape typical of the variety.

(b) Hawaii Fancy lipstick clusters consist of lipstick clusters of similar varietal characteristics which are well developed, clean, well formed, reasonably intact, firm, dry, well colored, properly trimmed, and free from injury caused by disease, insects, or mechanical or other means. Each cluster shall consist of at least five capsules. Unless otherwise specified, stems shall be more than two inches in length.

(c) Hawaii Standard lipstick clusters consist of lipstick clusters of similar varietal characteristics which are well developed, clean, fairly well formed, reasonably intact, firm, dry, fairly well colored, properly trimmed, and free from damage caused by disease, insects, or mechanical or other means. Each cluster shall consist of at least three capsules. Unless otherwise specified, stems shall be more than one inch in length.

History

[Eff 5/29/81; am and comp JAN 16 1984] (Auth: HRS § 147-32) (Imp: HRS § 147-32)

Haw. Code R. § 4-42-24 Standards for lycopodium sprays

(a) As used in this section:

"Damage" means any defect or combination of defects which materially affects the appearance or shipping quality of the lycopodium spray. More than a light spore formation at the tips of the branches shall constitute damage;

"Fairly well formed" means the spacing of the branches on the stem does not cause the spray to present a straggly appearance; the lowest branch is not more than five inches from the lower end of the stem; there are at least six fairly well developed branches on a twenty inch lycopodium spray and proportionately larger numbers of branches on longer lycopodium sprays; and the general formation is fairly typical of the variety;

"Injury" means any defect or combination of defects which more than slightly affects the appearance or shipping quality of the lycopodium spray. Removal of broken or damaged tips from the lower branches, which does not materially affect the general appearance of the lycopodium spray, shall not constitute injury;

"Length" means the distance from the cut end to the tip of the stem at the opposite end of the plant;

"Lycopodium sprays" means the stems, branches, leaves, and cone (strobili) of the club moss Lycopodium cernum;

"Properly trimmed" means the stems have been severed neatly;

"Reasonably intact" means no branch above the lowermost branch has been removed;

"Serious damage caused by removal of branches above the lowermost branch" means branches have not been neatly removed or more than two branches have been removed;

"Well colored" means the lycopodium spray is uniformly green in color and there are no brown areas present; and

"Well formed" means the branches are fairly uniformly spaced on the main stem; the lowest branch is not more than five inches from the lower end of the stem; there are at least six well developed branches on a twenty inch lycopodium spray and proportionately as many well developed branches on longer or shorter lycopodium sprays; and the general appearance is typical of the variety.

(b) Hawaii Extra Fancy lycopodium sprays consist of lycopodium sprays of similar varietal characteristics which are clean, well formed, reasonably intact, fresh, well colored, properly trimmed, and free from visible yellow spores and from injury caused by disease, insects, or mechanical or other means.

Unless otherwise specified, the minimum length of lycopodium sprays shall be twenty inches.

(c) Hawaii Fancy lycopodium sprays consist of lycopodium sprays of similar varietal characteristics which are clean, fairly well formed, reasonably intact, fresh, well colored, properly trimmed, and free from damage caused by yellow spores, disease, insects, or mechanical or other means.

In order to allow for variations incident to proper grading and handling, not more than five per cent, by count, of the lycopodium sprays in any lot may fail to meet the requirements of this grade.

Unless otherwise specified, the minimum length of lycopodium sprays shall be twenty inches.

(d) Hawaii Standard lycopodium sprays consist of lycopodium sprays of similar varietal characteristics which are clean, fresh, well colored, properly trimmed, and free from damage caused by yellow spores, disease, insects, or mechanical or other means and from serious damage caused by the removal of branches above the lowermost branch.

In order to allow for variations incident to proper grading and handling, not more than five per cent, by count, of the lycopodium sprays in any lot may fail to meet the requirements of this grade.

(e) In order to allow for variations incident to proper sizing, not more than a total of five per cent, by count, of the lycopodium sprays in any lot may fail to meet the minimum length specified, but not more than one-fifth of this amount, or one per cent, shall be permitted for lycopodium sprays more than two inches shorter than the minimum length specified.

History

[Eff 5/29/81; am and comp JAN 16 1984] (Auth: HRS § 147-32) (Imp: HRS § 147-32)

Haw. Code R. § 4-42-25 Standards for mauna loa vanda leis

(a) As used in this section:

"Length" means the circumference of the circle formed by the lei, measured along the centerline of the lei; and

"Mauna loa vanda lei" means a lei which is made using the central portion of the vanda joaquim orchid called the labellum, which shall be referred to in this section as flowers.

(b) Hawaii Fancy mauna loa vanda leis consist of mauna loa vanda leis made from flowers which are well developed, clean, well formed, fresh, firm, and well colored. Leis shall be clean, well strung, and free from injury caused by disease, insects, birds, or mechanical or other means. Unless otherwise specified, the length of each lei shall be not less than forty inches.

(c) Hawaii Standard mauna loa vanda leis consist of mauna loa vanda leis made from flowers which are well developed, clean, well formed, fairly fresh, fairly firm, and fairly well colored. Leis shall be clean, well strung, and free from damage caused by disease, insects, birds, or mechanical or other means. Unless otherwise specified, the length of each lei shall be not less than forty inches.

(d) In order to allow for variations incident to proper sizing, not more than a total of five per cent, by count, of the leis in any lot may fail to meet the minimum length specified, but not more than one-fifth of this amount, or one per cent, shall be permitted for leis more than two inches shorter than the minimum length specified.

History

[Eff 5/29/81; am and comp JAN 16 1984] (Auth: HRS § 147-32) (Imp: HRS § 147-32)

Haw. Code R. § 4-42-26 Standards for monstera leaves

(a) As used in this section:

"Damage" means any defect which materially affects the appearance or shipping quality of the leaves. Any defect or combination of defects affecting an aggregate area exceeding one inch in diameter on a medium size leaf shall be considered as damage. Small leaves shall have lesser areas of defects and large leaves may have greater areas, provided that such defects do not affect the appearance of the leaves to a greater extent than that caused by defects which are permitted on a medium size leaf;

"Fairly well formed" means the leaf may be slightly abnormal in shape but not to the extent which it materially affects appearance;

"Monstera leaves" means the leaves of the species Monstera deliciosa or Philodendron pertusum;

"Properly trimmed" means the stem has been cut off neatly and the stems are at least six inches in length on small leaves, nine inches in length on medium leaves, and twelve inches in length on large leaves;

"Serious damage" means any defect which seriously affects the appearance or shipping quality of the leaves. Any defect or combination of defects affecting an aggregate area exceeding one and one-half inches in diameter on a medium size leaf shall be considered as serious damage. Small leaves shall have lesser areas of defects and large leaves may have greater areas, provided that such defects do not affect the appearance of the leaves to a greater extent than that caused by defects which are permitted on a medium size leaf;

"Size" means the greatest distance between any two points on the monstera leaf, exclusive of the stem;

"Well colored" means the leaf is characteristically and uniformly dark green in color;

"Well developed" means the leaf is full grown and reasonably tough in texture. Small leaves which have characteristic indentations but do hot have characteristic holes or slots are well developed; and

"Well formed" means the leaf is symmetrical and has the normal shape of the variety.

(b) Hawaii Fancy monstera leaves consist of monstera leaves of similar varietal characteristics which are well developed, clean, well formed, intact, fresh, firm, well colored, properly trimmed, and free from damage caused by disease, insects, or mechanical or other means.

In order to allow for variations incident to proper grading and handling, not more than a total of five per cent, by count, of the monstera leaves in any lot may fail to meet the requirements of this grade, but not more than two-fifths of this amount, or two per cent, shall be allowed for defects causing serious damage.

(c) Hawaii Standard monstera leaves consist of monstera leaves of similar varietal characteristics which are well developed, clean, fairly well formed, intact, fresh, firm, well colored, properly trimmed, and free from serious damage caused by disease, insects, or mechanical or other means.

(d) Size of monstera leaves may be specified in connection with the grade, based on the following size classifications:

(1) Small, ten to twenty inches;

(2) Medium, twenty to thirty inches; or

(3) Large, over thirty inches.

In order to allow for variations incident to proper sizing, not more than a total of ten per cent, by count, of the monstera leaves in any lot may vary from the size specified, but not more than one-tenth of this amount, or one per cent, shall be permitted for leaves which are more than one inch smaller than the size specified.

History

[Eff 5/29/81; am and comp JAN 16 1984] (Auth: HRS § 147-32) (Imp: HRS § 147-32)

Haw. Code R. § 4-42-27 Standards for phalaenopsis orchid sprays

(a) As used in this section:

"Firm" means the sepals and petals of the flowers are reasonably tough in texture and not wilted, and the flowers are firmly attached to the stalk;

"Phalaenopsis orchid sprays" means the racemes of the many varieties of phalaenopsis orchids, consisting of the stalk, stems, and three or more flowers;

"Properly trimmed" means the stalks have been cut off neatly;

"Size" means the greatest dimension of the flower, measured in a straight line;

"Well developed" means the specified minimum number of flowers on the spray have attained full growth; and

"Well formed" means the general structure of the spray and the shape of the individual flowers are typical of the variety, and the flowers are symmetrical.

(b) Hawaii Extra Fancy phalaenopsis orchid sprays consist of phalaenopsis orchid sprays of similar varietal characteristics which are well developed, clean, well formed, intact, fresh, firm, well colored, properly trimmed, and free from injury caused by disease, insects, birds, or mechanical or other means. Each spray shall consist of at least four flowers.

(c) Hawaii Fancy phalaenopsis orchid sprays consist of phalaenopsis orchid sprays which are well developed, clean, well formed, intact, fresh, firm, well colored, properly trimmed, and free from injury caused by disease, insects, birds, or mechanical: or other means. Each spray shall consist of at least four flowers.

(d) Hawaii Standard phalaenopsis orchid sprays consist of phalaenopsis orchid sprays which are well developed, clean, well formed, fresh, and free from damage caused by disease, insects, birds, or mechanical or other means. Each spray shall consist of at least three flowers.

(e) Size of phalaenopsis orchid sprays may be specified in connection with the grade, based on the following size classifications:

(1) Small, under three inches;

(2) Medium, three to three and three-fourths inches; or

(3) Large, over three and three-fourths inches.

In order to allow for variations incident to proper sizing, not more than a total of ten per cent, by count, of the sprays in any lot may fail to meet the size specified, but not more than one-half of this amount, or five per cent, shall be permitted for sprays which are more than one-fourth inch smaller than the size specified.

History

[Eff 5/29/81; am and comp JAN 16 1984] (Auth: HRS § 147-32) (Imp: HRS § 147-32)

Haw. Code R. § 4-42-28 Standards for princess leis

(a) As used in this section:

"Length" means the circumference of the circle formed by the lei, measured along the centerline of the lei; and

"Princess lei" means a lei which is made using the central portion of the vanda joaquim orchid called the labellum, which shall be referred to in this section as flowers. This lei is also known as the dark frill lei.

(b) Hawaii Fancy princess leis consist of princess leis made from flowers which are well developed, clean, well formed, fresh, firm, and well colored. Leis shall be clean, well strung, and free from injury caused by disease, insects, birds, or mechanical or other means. Unless otherwise specified, the length of each lei shall be not less than forty inches.

(c) Hawaii Standard princess leis consist of princess leis made from flowers which are well developed, clean, well formed, fairly fresh, fairly firm, and fairly well colored. Leis shall be clean, well strung, and free from damage caused by disease, insects, birds, or mechanical or other means. Unless otherwise specified, the length of each lei shall be not less than forty inches.

History

[Eff 5/29/81; am and comp JAN 16 1984] (Auth: HRS § 147-32) (Imp: HRS § 147-32)

Haw. Code R. § 4-42-29 Standards for unassembled flower and foliage arrangements

(a) As used in this section:

"Very serious damage" means any defect which very seriously affects the appearance or shipping quality of the individual flower or plant part, or which makes the individual flower or plant part decidedly unsuitable for use in the arrangement.

(b) Hawaii Fancy unassembled flower and foliage arrangements consist of unassembled flower and foliage arrangements comprised of flowers or other plant parts each of which meets all of the requirements of the Hawaii Fancy grade established for such flower or plant part and each of which is free from very serious damage by any cause; provided that there shall be no requirement for stem length of any flower or plant part.

In order to allow for variations incident to proper grading and handling, not more than a total of five per cent, by count, of the individual flowers or plant parts in any lot of arrangements may fail to meet the requirements of this grade; provided that not more than one-fifth of this amount, or one per cent, shall be allowed for flowers or plant parts affected by defects causing very serious damage or which fail to meet the requirements of the Hawaii Standard grade established for the flower or plant part, except for stem length.

(c) Hawaii Standard unassembled flower and foliage arrangements consist of unassembled flower and foliage arrangements comprised of flowers or other plant parts each of which meets all the requirements of the Hawaii Standard grade established for such flower or plant part and each of which is free from very serious damage by any cause; provided that there shall be no requirement for stem length of any flower or plant part.

History

[Eff 5/29/81; comp JAN 16 1984] (Auth: HRS § 147-32) (Imp: HRS § 147-32)

Haw. Code R. § 4-42-30 Standards for vanda hybrid orchid sprays

(a) As used in this section:

"Firm" means the flowers and stems are turgid and firmly attached to the main stalk;

"Intact" means the spray has all parts present and these parts are whole, except that old or damaged flowers may be removed from the base of the spray provided its appearance or shipping quality is not appreciably affected;

"Properly trimmed" means the stalks have been cut off cleanly and removed flowers have been severed neatly;

"Size" means the average of the width and the length of the largest flower in the spray as measured, respectively, at right angles and parallel to the longitudinal axis;

"Vanda hybrid orchid sprays" means the racemes of the various vanda hybrid orchids, consisting of the stalk, stems, and four or more flowers;

"Well developed" means at least the specified minimum number of flowers on the spray have attained full growth; and

"Well formed" means the general structure of the spray and the shape of the individual flowers are typical of the variety, and the flowers are symmetrical.

(b) Hawaii Extra Fancy vanda hybrid orchid sprays consist of vanda hybrid orchid sprays of similar varietal characteristics which are well developed, clean, well formed, intact, fresh, firm, well colored, properly trimmed, and free from injury caused by disease, insects, birds, or mechanical or other means. Each spray shall consist of at least six flowers.

(c) Hawaii Fancy vanda hybrid orchid sprays consist of vanda hybrid orchid sprays which are well developed, clean, well formed, intact, fresh, firm, well colored, properly trimmed, and free from injury caused by disease, insects, birds, or mechanical or other means. Each spray shall consist of at least five flowers.

(d) Hawaii Standard vanda hybrid orchid sprays consist of vanda hybrid orchid sprays which are well developed, clean, well formed, fresh, firm, well colored, properly trimmed, and free from damage caused by disease, insects, birds, or mechanical or other means. Each spray shall consist of at least four flowers.

(e) Size of vanda hybrid orchid sprays may be specified in connection with the grade, based on the following size classifications:

(1) Small, under three inches;

(2) Medium, three to three and one-half inches; or

(3) Large, over three and one-half inches.

History

[Eff 5/29/81; am and comp JAN 16 1984] (Auth: HRS § 147- 32) (Imp: HRS § 147-32)

Haw. Code R. § 4-42-31 Standards for vanda joaquim orchids

(a) As used in this section:

"Damage" means any defect or combination of defects which materially affects the appearance or shipping quality of the flower. Any defect or combination of defects exceeding an aggregate area of one-eighth inch in diameter shall be considered as damage;

"Serious damage" means any defect or combination of defects which seriously affects the appearance or shipping quality of the flower. Any injury to the pollinium shall be considered as serious damage;

"Size" means the average diameter of the circle formed by the sepals and petals in their normal position ; and

"Well formed" means the flower is symmetrical and the shape is typical of the variety.

(b) Hawaii Extra Fancy vanda joaquim orchids consist of vanda joaquim orchids of similar varietal characteristics which are well developed, clean, well formed, intact, fresh, firm, well colored, and free from injury caused by disease, insects, birds, or mechanical or other means. The size of each orchid shall be not less than two inches.

In order to allow for variations, other than size, incident to proper grading and handling, not more than a total of five per cent, by count, of the flowers in any lot may fail to meet the requirements of this grade, but not more than two-fifths of this amount, or two per cent, shall be allowed for defects causing damage, provided that there shall be no tolerance for injury to the pollinium at shipping point.

(c) Hawaii Fancy vanda joaquim orchids consist of vanda joaquim orchids of similar varietal characteristics which are well developed, clean, well formed, intact, fresh, firm, fairly well colored, and free from injury caused by disease, insects, birds, or mechanical or other means. The size of each orchid shall be not less than two inches.

In order to allow for variations, other than size, incident to proper grading and handling, not more than a total of five per cent, by count, of the orchids in any lot may fail to meet the requirements of this grade, but not more than two-fifths of this amount, or two per cent, shall be allowed for defects causing damage, provided that there shall be no tolerance for injury to the pollinium at shipping point.

(d) Hawaii Standard vanda joaquim orchids consist of vanda joaquim orchids of similar varietal characteristics which are well developed, fairly clean, fairly well formed, intact, fairly fresh, fairly firm, fairly well colored, and free from damage caused by disease, insects, birds, or mechanical or other means. The size of each orchid shall be not less than two inches.

In order to allow for variations, other than size, incident to proper grading and handling, not more than a total of ten per cent, by count, of the orchids in any lot may fail to meet the requirements of this grade, but not more than one-half of this amount, or five per cent, shall be allowed for defects causing serious damage, including not more than two per cent for orchids which show injury to the pollen cap at shipping point, provided that there shall be no tolerance for orchids from which the pollen grains have been dislodged.

(e) In order to allow for variations incident to proper sizing, not more than a total of five per cent, by count, of the flowers in any lot may fail to meet the minimum size specified, but not more than one-tenth of this amount, or one-half of one per cent, shall be permitted for flowers in excess of one-fourth inch smaller than the specified minimum size.

History

[Eff 5/29/81; am and comp JAN 16 1984] (Auth: HRS § 147-32) (Imp: HRS § 147-32)

Haw. Code R. § 4-42-32 Standards for variegated hala leaves

(a) As used in this section:

"Damage" means any defect or combination of defects which materially affects the appearance or shipping quality of the leaves. The following defects shall be considered as damage:

(1) Broken ribs, when the breaks cause discoloration of the leaves or cause the leaves to droop at an acute angle;

(2) Cuts, breaks, or bruises, when exceeding one-fourth inch in length;

(3) Cuts, breaks, or bruises, when so close together as to materially affect appearance;

(4) Discolored tips, when exceeding three and one-half inches; and

(5) Material discoloration caused by sunbleaching or other factors;

"Injury" means any defect or combination of defects which more than slightly affects the appearance or shipping quality of the leaves. The following defects shall be considered as injury:

(1) Appreciable discoloration caused by sun-bleaching or other factors;

(2) Discolored tip, when the tip has been clipped off; and

(3) Discolored tips, when exceeding two and one-half inches on unclipped leaves;

"Length" means the length of the midrib;

"Mature" means the leaf is reasonably tough in texture;

"Properly trimmed" means the basal portion of the leaf is cut off neatly approximately at right angle to the longitudinal axis. The tip of the leaf, when cut, shall be clipped off neatly and shall not be more than one-fourth inch in width where clipped;

"Variegated hala leaves" means the thornless, striped leaves of the green and yellow and the green and white varieties of Pandanus baptistii; and

"Well formed" means the leaf is symmetrical and has the normal shape of the variety.

(b) Hawaii Fancy variegated hala leaves consist of variegated hala leaves of similar varietal characteristics which are well developed, mature, clean, well formed, fresh, well colored, properly trimmed, and free from injury caused by discolored tips, disease, insects, or mechanical or other means.

(c) Hawaii Standard variegated hala leaves consist of variegated hala leaves of similar varietal characteristics which are well developed, mature, clean, well formed, fresh, well colored, properly trimmed, and free from damage caused by discolored tips, disease, insects, or mechanical or other means.

(d) Size of variegated hala leaves may be specified in connection with the grade, based on the following size classifications:

(1) Jumbo or large, when over thirty-six inches in length;

(2) Medium, when twenty-four to thirty-six inches in length; or

(3) Small or short, when less than twenty-four inches in length.

In order to allow for variations incident to proper sizing, not more than a total of five per cent, by count, of the leaves in any lot may fail to meet the length requirement, but not more than one-fifth of this amount, or one per cent, shall be permitted for leaves more than one-half inch shorter than the size specified.

History

[Eff 5/29/81; am and comp JAN 16 1984] (Auth: HRS § 147-32) (Imp: HRS § 147-32)

Haw. Code R. § 4-42-33 Standards for variegated ti leaves

(a) As used in this section:

(1) Breaks, cuts, or bruises, when exceeding one-fourth inch in length;

(2) Breaks, cuts, or bruises, when more than four are present; or

(3) Breaks, cuts, or bruises, when so close together as to materially affect appearance;

"Length" means the greatest dimension of the blade measured in a straight line, exclusive of the stem;

"Mature" means the leaf is reasonably tough in texture;

"Properly trimmed" means the stem is at least one-half inch in length and typical of the variety;

"Variegated ti leaves" means the leaves of the numerous variegated varieties of the species Cordyline terminalis, including the leaves commonly known as red ti or brown ti; and

"Well formed" means the leaf is symmetrical and has the normal shape of the variety.

(b) Hawaii Fancy variegated ti leaves consist of variegated ti leaves of similar varietal characteristics which are well developed, mature, clean, well formed, fresh, well colored, properly trimmed, and free from injury caused by disease, insects, or mechanical or other means. Each leaf shall be at least eight inches in length.

Variegated ti leaves which conform to all the requirements of this grade except for uniformity as to variety may be classified as Hawaii Fancy Mixed Varieties.

(c) Hawaii Standard variegated ti leaves consist of variegated ti leaves of similar varietal characteristics which are well developed, mature, clean, well formed, fresh, well colored, properly trimmed, and free from damage caused by disease, insects, or mechanical or other means. Each leaf shall be at least eight inches in length.

Variegated ti leaves which conform to all the requirements of this grade except for uniformity of variety may be classified as Hawaii Standard Mixed Varieties.

(d) In order to allow for variations incident to proper sizing, not more than a total of five per cent, by count, of the leaves in any lot may fail to meet the length requirement, but not more than one-fifth of this amount, or one per cent, shall be permitted for leaves more than one-half inch shorter than the specified minimum length.

History

[Eff 5/29/81; am and comp JAN 16 1984] (Auth: HRS § 147-32) (Imp: HRS § 147-32)

Haw. Code R. § 4-42-34 Standards for volcano grass

(a) As used in this section:

"Clean" means practically free from dirt, mildew, and other foreign matter;

"Fairly well colored" means the color of the inflorescence may be slightly faded, dull, or discolored, but not to such an extent as to materially affect appearance;

"Fairly well formed" means the inflorescence is not so straggly or so misshapen as to materially affect appearance;

"Firm" means the stems are stiff and the various parts of the inflorescence are firmly attached;

"Length of inflorescence" means the distance from the lowermost part of the inflorescence to the upper tip of the stalk, exclusive of any stem;

"Properly trimmed" means the stems have been cut off neatly;

"Reasonably intact" means the volcano grass stalk has all parts normally present and these parts are whole, except that broken or damaged tips of the inflorescence may be removed provided the general appearance is not materially affected;

"Stalks of volcano grass" means the stem and inflorescence of the sedges Cladium angustifolium and Cladium meyenii, sometimes called black grass;

"Well colored" means the color of the inflorescence, is typical of the variety and the color is reasonably bright; and

"Well formed" means the inflorescence is plump, bushy, fairly compact, and typical of the variety.

(b) Hawaii Fancy volcano grass consists of stalks of volcano grass of similar varietal characteristics which are well developed, clean, well formed, reasonably intact, firm, dry, well colored, properly trimmed, and free from injury caused by disease, insects, or mechanical or other means. Stalks shall be at least fourteen inches long and the inflorescence at least six inches in length.

(c) Hawaii Standard volcano grass consists of stalks of volcano grass of similar varietal characteristics which are well developed, clean, fairly well formed, reasonably intact, firm, dry, fairly well colored, properly trimmed, and free from damage caused by disease, insects, or mechanical or other means. Stalks shall be at least twelve inches long and the inflorescence at least six inches in length.

History

[Eff 5/29/81; am and comp JAN 16 1984] (Auth: HRS § 147-32) (Imp: HRS § 147-32)

Haw. Code R. § 4-42-35 Standards for wood roses

(a) As used in this section:

"Badly misshapen" means the wood rose is excessively spread or lopsided, severely elongated, and otherwise so misshapen as to seriously affect the appearance of the wood rose;

"Damage" means any defect which materially affects the appearance or shipping quality of the wood rose. Any defect or combination of defects affecting an area exceeding one-fourth inch in diameter shall be considered as damage, unless such defect or combination of defects is on the stem or is otherwise inconspicuous;

"Fairly clean" means the wood rose is reasonably free from dirt, mildew, and other foreign matter, and the general appearance of the wood rose is not seriously affected by dirt, mildew, and other foreign matter;

"Fairly well colored" means the outside of the pedicel and the lower portion of the sepals may be blackened or discolored and the inside of the sepals slightly streaked, but not to such an extent as to materially affect the appearance of the wood rose;

"Fairly well developed" means although the wood rose has not attained full growth, the sepals have opened sufficiently to disclose the fruiting capsule;

Fairly well formed" means the wood rose is not materially spread and not so elongated or otherwise misshapen as to materially affect the appearance of the wood rose;

"Firm" means the pedicel, fruiting capsule, and sepals are stiff and firmly attached;

"Poorly colored" means the outside of the pedicel and sepals is severely blackened or splotched, or the inside of the sepals is so streaked or spotted as to seriously affect the appearance of the wood rose;

"Properly trimmed" means the stem has been severed neatly;

"Well colored" means the outside of the pedicel and sepals has the characteristic tan to brown color and the inside of the sepals and fruiting capsule has the characteristic light tan to cream color of the variety;

"Well formed" means the wood rose is cup-shaped and neither elongated nor lopsided. Curling of the tips of the sepals shall not be a factor in determining shape; and

"Wood rose" means the pedicel, fruiting capsule, and sepals of the species Ipomoea tuberosa.

(b) Hawaii Extra Fancy wood roses consist of wood roses of similar varietal characteristics which are well developed, clean, well formed, intact, firm, dry, well colored, properly trimmed, and free from injury caused by disease, insects, or mechanical or other means.

(c) Hawaii Fancy wood roses consist of wood roses of similar varietal characteristics which are well developed, clean, dry, fairly well formed, intact, firm, fairly well colored, properly trimmed, and free from damage caused by disease, insects, or mechanical or other means.

In order to allow for variations incident to proper grading and handling, not more than a total of five per cent, by count, of the wood roses in any lot may fail to meet the requirements of this grade, but not more than two-fifths of this amount, or two per cent, shall be allowed for defects causing serious damage.

(d) Hawaii Standard wood roses consist of wood roses of similar varietal characteristics which are fairly well developed, fairly clean, not badly misshapen, intact, firm, dry, not poorly colored, properly trimmed, and free from serious damage caused by disease, insects, or mechanical or other means.

History

[Eff 5/29/81; am and comp JAN 16 1984] (Auth: HRS § 147-32) (Imp: HRS § 147-32)

Haw. Code R. § 4-42-36 Standards for dendrobium orchid plants

(a) As used in this section:

"Healthy" means the plant is free from disease and does not show any evidence of chlorosis or other discoloration; and

"Well grown" means the plant is free from tipburn and serious damage caused by pests, chemical, or mechanical or other means and has canes that are sturdy and reasonably straight and upright; leaves that are of normal size, shape, color, and texture; and a vigorous root system.

(b) Hawaii Fancy dendrobium orchid plant consists of dendrobium orchid plants which are clean, healthy, and well grown.

(c) Hawaii Standard dendrobium orchid plant consists of dendrobium orchid plants which fail to meet the requirements of subsection (b).

History

[Eff and comp JAN 16 1984] (Auth: HRS § 147-32) (Imp: HRS § 147-32)

Subchapter 3 COMMERCIAL EXPORTER LICENSE

Haw. Code R. § 4-42-50 REPEALED

History

[Eff and comp 1/16/84; R MAY 26 1992] [Eff and comp 1/16/84; R MAY 26 1992]

Haw. Code R. § 4-42-51 REPEALED

History

Eff and comp 1/16/84; R MAY 26 1992

Subchapter 4 INSPECTION AND CERTIFICATION

Haw. Code R. § 4-42-52 Definitions

As used in this subchapter, unless otherwise defined:

"Inspection certificate" means any form of certification, either written or printed, issued by an inspector under this chapter to certify the identity, class, grade, quality, size, quantity, or condition of flowers and foliage, including compliance of the products with applicable specifications;

"Inspector" means an employee of the department, authorized to investigate, sample, inspect, and certify for any interested party the quality and condition of flowers and foliage under this chapter;

"Interested party" means any person having a financial interest in the product involved in an inspection; and

"Office of inspection" means the office of an authorized inspector of flowers and foliage.

History

[Eff and comp JAN 16 1984] (Auth: HRS § 147-34) (Imp: HRS § 147-34)

Haw. Code R. § 4-42-53 Application for inspection

(a) Any person having a financial interest in the product involved, including the shipper, receiver, or carrier, or an authorized person on behalf of the applicant, may apply for an inspection.

(b) The application shall be filed in the office of inspection or with any authorized inspector at or near the place where the inspection is desired.

(c) The application, due to noncompliance with this chapter, may be rejected by the inspector in charge of the office of inspection in which the application is filed. The inspector shall immediately notify the applicant, by telephone or in writing, of the reasons for the rejection.

(d) An application may be withdrawn by the applicant at any time before the inspection is performed upon payment of any expenses incurred by the department by reason of the application having been made.

(e) Proof of the authority of any person applying for inspection on behalf of another may be required by the inspector.

History

[Eff and comp JAN 16 1984] (Auth: HRS § 147-34) (Imp: HRS § 147-34)

Haw. Code R. § 4-42-54 Inspection

(a) The applicant shall make the product to be inspected accessible for sampling and inspection, and placed so as to readily disclose its quality and condition.

(b) As many inspections shall be made as facilities permit and as far as practicable, in the order applications are received.

(d) Unless the applicant requests otherwise, inspection and certification for quality or condition shall be based on the official standards of the State, or shall be by description where official standards are lacking.

History

[Eff and comp JAN 16 1984] (Auth: HRS § 147-34) (Imp: HRS § 147-34)

Haw. Code R. § 4-42-55 Inspection certificate

The original certificate, immediately upon its issuance, shall be delivered or mailed to the applicant or person designated by the applicant. Upon the request of the applicant prior to the issuance, not more than two additional copies of the certificate may be issued without extra charge. Additional copies subject to the extra charge may be supplied upon payment of a fee of $1 for each page.

History

[Eff and comp JAN 16 1984] (Auth: HRS § 147-34) (Imp: HRS § 147-34)

Haw. Code R. § 4-42-56 Appeal inspection

(a) An application for an appeal inspection may be made by any interested party dissatisfied with the determination stated in the original certificate. The application may be made in writing or orally.

(b) Inspections requested to determine factors of quality or condition which may have undergone material change since the original inspection shall not be considered appeal inspections.

(1) Reason stated for an appeal inspection is frivolous or unsubstantial;

(2) Quality or condition of the product has undergone a material change since the original inspection;

(3) Inaccessibility of all parts of the lot for a thorough examination; or

(4) Noncompliance with this chapter.

(d) Appeal inspections shall as far as practicable be made in the order in which the applications are received and shall take, precedence over all other pending applications.

(e) An appeal inspection certificate which differs from the original as to grade shall nullify the original.

History

[Eff and comp 1/16/84] (Auth: HRS § 147-34) (Imp: HRS § 147-34)

Haw. Code R. § 4-42-57 Inspection fees

(a) Fees for inspection service shall be paid by the applicant for such service at the rate of $33.40 per hour for regular time and $50.10 per hour for overtime.

(b) Additional charges may be made for transportation, travel time, per diem, traveling expenses, and other actual expenses incurred by the department.

(c) Fees charged for appeal inspection in which the findings of the original inspection are sustained shall be double the fees of the original inspection. When it is judged that a material error in determination occurred in the original inspection and findings are reversed, the fee for the appeal inspection shall not be charged to the applicant.

(d) Fees and related charges shall be paid in advance if required by the inspector.

(e) When payments of inspection fees are by check, a service fee shall be assessed for each check that is not honored.

History

[Eff and comp 1/16/84; am 3/24/86; am 5/26/92; am 10/5/02] (Auth: HRS § 147-34) (Imp: HRS § 147-34)

Haw. Code R. § 4-42-58 Denial of service

Any willful misrepresentation or any deceptive or fraudulent practice made or committed by any applicant for inspection or reinspection may be deemed sufficient cause for the department to refuse to provide inspection services.

History

[Eff and comp 1/16/84] (Auth: HRS § 147-34) (Imp: HRS § 147-34)

Chapter 44 STANDARDS FOR PROCESSED PRODUCTS

Haw. Code R. § 4-44-1 Definitions

As used in this chapter and unless otherwise defined:

"Absence of defects" means the degree of freedom from seeds or portions of seeds, harmless extraneous material, objectionable material, and other defects not specifically mentioned that affect the appearance or drinking quality of the product.

"Acceptance number" means the number in a sampling plan that indicates a maximum number of deviants permitted in a sample of a lot that meets a specific requirement.

"Acid" means grams of acid, calculated as anhydrous citric acid, per one hundred milliliter (hereafter ml) of the product as determined by titration with sodium hydroxide solution using phenolphthalein as an indicator.

"Brix" means the refractometric sucrose value obtained in accordance with the refractometric method for sugars and sugar products outlined in the Official Methods of Analysis of the Association of Official Analytical Chemists 1984, which is made part of this chapter, without correction for acidity.

"Brix-acid ratio" means the quotient of the degrees brix divided by grams acid.

"Consistency" means the viscosity of the product, the tendency of the insoluble solids to separate, and the percentage of the centrifuged solids present.

"Deviant" means a sample unit affected by one or more deviations, or a sample unit that varies in a specifically defined manner from the requirements of a standard or specification.

"Deviation" means any specifically defined variation from a particular requirement.

"Filtrate" means the fluid portion of the product that has passed through a standard bolting cloth.

"Half kernel" means an approximate half of the separated half of a whole kernel with not more than one-eighth of its mass chipped off or missing.

"Harmless extraneous material" means, but is not limited to, those portions of the peel and placenta that will pass through round perforations not exceeding 0.03125 inch in diameter and particles of seeds that will pass through round perforations not exceeding 0.020 inch in diameter.

"Lot" means any number of containers of the same size and type which contain a processed product of the same type and style located in the same warehouse or conveyance; or which, under in-plant inspection, results from consecutive production within a plant and is available for inspection at any one time.

"Rejection number" means the number in a sampling plan that indicates the minimum number of deviants in a sample that will cause a lot to fail a specific requirement.

"Sample" means any number of sample units to be used for inspection.

"Sample unit" means a container and its entire content; a portion of the content of a container or other unit of commodity; or a composite mixture of a product to be used for inspection.

"Seeds or portions of seeds" means any intact seed or any portion of a seed that will not pass through a round perforation 0.020 inch in diameter.

"Soluble solids value" means the refractometric sucrose value of the filtrate obtained in accordance with the refractometric method for sugars and sugar products outlined in the Official Methods of Analysis of the Association of Official Analytical Chemists 1984, which is made part of this chapter, without correction for acidity.

"Whole kernel" means a kernel that is not split or broken into separate halves; that has a general contour not materially affected by missing portion or portions; and that does not have more than one-fourth of its mass chipped off or missing.

History

[Eff 5/29/81; am and comp 3/24/86; am and comp 3/24/86] (Auth: HRS § 147-57) (Imp: HRS §§ 147-52 and 147-53)

Haw. Code R. § 4-44-2 Standard requirements and procedures

(a) Compliance with the requirements of these standards shall not excuse failure to comply with the provisions of the Federal Food, Drug and Cosmetic Act, or with applicable State laws and regulations.

(b) The grade of a lot of a processed product covered by this chapter is determined by the procedures set forth in the United States Department of Agriculture Regulations Governing Inspection and Certification of Processed Fruits and Vegetables and Related Products, May 1983, which is made a part of this chapter.

(c) Methods of analysis to ascertain the requirements of this chapter shall be as provided in subsections (d) through (g).

(d) The viscosity reading in seconds shall be determined by using a viscometer similar to that shown in "Figure 1, Capillary CPC Viscometer, 8/24/68" which is located at the end of this chapter and made a part of this chapter, which has been calibrated to give a flow time of thirteen seconds at twenty-five degrees celsius with distilled water. Corrections can be made for other temperatures by using the formula Y equals 19.12 minus 0.32T plus 0.003T², where T is temperature in degrees celsius and Y is time of flow in seconds. Procedure for measurement of viscosity shall be as follows:

(1) Clamp viscometer in a vertical position;

(2) Close tip of capillary tube with a finger;

(3) Fill reservoir well above the gauge line with well-mixed sample;

(4) Obtain temperature reading in celsius;

(5) Allow a small amount of sample to flow to fill the capillary tube;

(6) Reclose tip and refill the reservoir to near overflowing and level off with a straight-edged spatula; and

(7) Release finger from tip and simultaneously with a stop watch, time the free flow of the sample until the upper edge of the liquid meniscus reaches the gauge line of the reservoir. The flow time, expressed in seconds with temperature correction applied, is the viscosity reading of the sample.

(e) The percentage of centrifuged solids shall be determined as follows:

(1) Measure at about twenty-five degrees celsius, fifty ml of thoroughly stirred prepared sample into a cone shaped graduated fifty ml centrifuge tube which measures approximately four and three-fourths inches from the tip to the top calibration and has a capacity of fifty ml, or any centrifuge tube that will give equivalent results;

(2) Place the tube in a suitable centrifuge, the approximate speed of which is related to the diameter of swing in accordance with "Table I, Approximate Revolution Of Centrifuge Machine, 8/24/68", which is located at the end of this chapter and made a part of this chapter;

(3) Centrifuge at the indicated speed for ten minutes and allow the centrifuge to coast to a stop; and

(4) Immediately after the centrifuge stops, take the ml reading at the top of the layer of solid material in the bottom of the tube and multiply by two to obtain the percentage of centrifuged solids.

(f) The general procedure for mold count, using standard equipment and standard measurements, described in the Official Methods of Analysis of the Association of Official Analytical Chemist 1984 shall be employed in determining stone cell count. Procedure for stone cell count shall be as follows:

(1) Use a well-mixed sample;

(2) The microscope used should have an eyepiece micrometer ruled into squares, each of which is equal to one-sixth of the diameter of the eyepiece diaphragm opening;

(3) Estimate the area covered by the stone cells on the basis of what part or how many squares on the eyepiece are covered by stone cells and total the results to arrive at the stone cell count (e.g., if the areas covered in four fields are one-fourth square, one-half square, two and three-fourths squares, and one and one-half squares, respectively, the stone cell count would total five for these four fields); and

(4) For the final count examine one hundred fields, with the count being the number of squares in the one hundred fields that are covered.

(g) The mold count shall be determined by the Howard method as described in the 1984 edition of the Official Methods of Analysis of the Association of Official Analytical Chemists.

History

[Eff 5/29/81; am and comp 3/24/86: am and comp 3/24/86] (Auth: HRS § 147-57) (Imp: HRS §§ 147-52 and 147-53)

Haw. Code R. § 4-44-3 Standards for canned guava nectar

(a) As used in this section:

"Acid" means grams of acid, calculated as anhydrous citric acid, per one hundred ml of canned guava nectar determined by titration with sodium hydroxide solution using phenolphthalein and methylene blue as indicators.

"Canned guava nectar" means the diluted, unfermented juice and pulp obtained from the sound, mature, fresh fruit of the Psidium guajava or Psidium cattleianum guava plant, which fruit has been properly washed and properly comminuted; is packed with the addition of potable water, with or without the addition of nutritive sweetening ingredients or other suitable sweeteners for dietetic packs, fruit acids, ascorbic acid, stabilizers, certified food colors, or preservatives, provided that at least one-fourth, by weight, of the nectar consists of guava juice and pulp in natural proportions; and is sufficiently processed by heat to assure preservation of the product in hermetically sealed containers.

"Dietetic product" means canned guava nectar that is packed to meet the requirements of a special diet.

"Fairly free from defects" means practically no seeds or portions of seeds are present; the drinking quality and appearance of the nectar are not seriously affected by the presence of grittiness, objectionable material, any other defect not specifically mentioned, or any combination of these defects; the stone cell count does not exceed seventy when centrifuged solids do not exceed thirty-five per cent and does not exceed seventy by more than two per cent for each one per cent that the centrifuged solids exceed thirty-five per cent; the mold count does not exceed fifteen per cent; and the aggregate area of any black or brown deposit at the bottom of the centrifuge tube after centrifuging does not exceed the area of a circle three-sixteenths inch in diameter.

"Fairly good consistency" means the nectar flows readily; is not excessively thick; shows no more than slight coagulation; has a viscometer reading of not less than eighteen seconds at twenty-five degrees celsius; and contains not less than twenty-five per cent centrifuged solids.

"Good color" means the color of the canned guava nectar is typical of nectar prepared from freshly extracted guava juice and pulp, or typical of artificially colored guava nectar, and is free from browning or other abnormal color by any cause.

"Good consistency" means the nectar flows readily; shows very little or no tendency to separate; shows no coagulation; has a viscometer reading of not less than twenty-three seconds at twenty-five degrees celsius; and contains not less than thirty per cent centrifuged solids.

"Good flavor" means the product has a fine, distinct canned guava nectar flavor which is free from fermented, immature, or other off-flavor of any kind and the brix reading is not less than ten and one-half degrees nor more than fourteen degrees; the acid reading is not less than three-tenths gram nor more than one-half gram per one hundred ml of nectar; and the brix to acid ratio is not less than twenty-eight to one nor more than forty to one. There shall be no brix and no brix to acid ratio requirements for dietetic products.

"Practically free from defects" means the nectar contains no seeds or portions of seeds; the drinking quality and appearance of the nectar is not more than slightly affected by the presence of grittiness, harmless extraneous material, objectionable material, any other defect not specifically mentioned, or any combination of these defects; the stone cell count does not exceed forty when centrifuged solids do not exceed thirty-five per cent and does not exceed forty by more than one per cent for each one per cent that the centrifuged solids exceed thirty-five per cent; the mold count does not exceed fifteen per cent; and the aggregate area of any black or brown deposit at the bottom of the centrifuge tube after centrifuging does not exceed the area of a circle two-sixteenths inch in diameter.

"Reasonably good color" means the color of the canned guava nectar is fairly typical of nectar prepared from freshly extracted guava juice and pulp, or fairly typical of artificially colored guava nectar, and is not excessively dull or brown colored or seriously off-colored from any cause.

"Reasonably good flavor" means the product has a fairly typical canned guava nectar flavor which is practically free from fermented, immature, or other off-flavor of any kind and the brix reading is not less than ten degrees nor more than fifteen and one-half degrees; the acid reading is not less than one-fourth gram nor more than six-tenths gram per one hundred ml of nectar; and the brix to acid ratio is not less than twenty to one nor more than fifty-five to one. There shall be no brix and no brix to acid ratio requirements for dietetic products.

(b) Hawaii Grade A or Hawaii Fancy canned guava nectar is the quality of canned guava nectar that possesses a good color, good flavor, and good consistency; is practically free from defects; and scores not less than eighty-five points by the scoring system in subsection (e).

(c) Hawaii Grade C or Hawaii Standard canned guava nectar is the quality of canned guava nectar that possesses a reasonably good color, reasonably good flavor, and fairly good consistency; is fairly free from defects; and scores not less than seventy points by the scoring system in subsection (e).

(d) Substandard canned guava nectar is the quality of canned guava nectar that fails to meet the requirements of subsections (b) and (c).

(e) The grade of canned guava nectar shall be ascertained by considering the factors of quality. The importance of each quality factor which is scored shall be expressed numerically on the scale of one hundred. The maximum number of points which may be given to specific quality factors shall be fifteen points for color; twenty-five points for consistency; twenty-five points for absence of defects; and thirty-five points for flavor. Canned guava nectar which falls into a particular classification for any quality factor shall not be assigned a grade indicative of a higher classification regardless of the total score for the product. The following quality classifications shall apply to canned guava nectar:

(1) Color classifications shall be as follows:

(A) Canned guava nectar that possesses good color may be given a score of thirteen to fifteen points and shall be classified as fancy;

(B) Canned guava nectar that possesses reasonably good color may be given a score of eleven or twelve points and shall be classified as standard; and

(C) Canned guava nectar that fails to meet the requirements of subparagraphs (A) and (B) may be given a score of zero to ten points and shall be classified as substandard;

(2) Consistency classifications shall be as follows:

(A) Canned guava nectar that possesses good consistency may be given a score of twenty-one to twenty-five points and shall be classified as fancy;

(B) Canned guava nectar that possesses fairly good consistency may be given a score of seventeen to twenty points and shall be classified as standard; and

(C) Canned guava nectar that fails to meet the requirements of subparagraphs (A) and (B) may be given a score of zero to sixteen points and shall be classified as substandard;

(3) Absence of defects classifications shall be as follows:

(A) Canned guava nectar that is practically free from defects may be given a score of twenty-one to twenty-five points and shall be scored as fancy;

(B) Canned guava nectar that is fairly free from defects may be given a score of seventeen to twenty points and shall be scored as standard; and

(C) Canned guava nectar that fails to meet the requirements of subparagraphs (A) and (B) may be given a score of zero to sixteen points and shall be classified as substandard; and

(4) Flavor classifications shall be as follows:

(A) Canned guava nectar that possesses good flavor may be given a score of thirty to thirty-five points and shall be classified as fancy;

(B) Canned guava nectar that possesses reasonably good flavor may be given a score of twenty-five to twenty-nine points and shall be classified as standard; and

(C) Canned guava nectar that fails to meet the requirements of subparagraphs (A) and (B) may be given a score of zero to twenty-four points and shall be classified as substandard.

(f) The speed of the centrifuge machine for the determination of centrifuged solids shall be from column A in "Table I, Approximate Revolutions of Centrifuge Machine, 8/24/68", which is located at the end of this chapter and made a part of this chapter.

(g) When canned guava nectar is packaged as a dietetic product, this fact shall be stated in connection with the grade assigned to the product.

Example: Hawaii Fancy, Dietetic Product or Hawaii Grade C, Dietetic Product.

(h) The recommended fill of container shall not be incorporated in the grades of the finished product since fill of container is not a factor of quality for the purpose of this section. It is recommended that each container be as full of guava nectar as practicable and that the product occupy not less than ninety per cent of the volume capacity of the container.

History

[Eff 5/29/81; am and comp 3/24/86] (Auth: HRS § 147-57) (Imp: HRS §§ 147-52 and 147-53)

Haw. Code R. § 4-44-4 Standards for frozen guava nectar base

(a) As used in this section:

"Absence of defects" means the degree of freedom from seeds or portions of seeds, harmless extraneous material, grittiness caused by stone cells, objectionable material, and other defects not specifically mentioned that affect the appearance or drinking quality of the product.

"Acid" means grams of acid, calculated as anhydrous citric acid, per one hundred ml of nectar determined by titration with sodium hydroxide solution using phenolphthalein and methylene blue as indicators.

"Common guava nectar base" means nectar base made from the fruit of the Psidium guajava tree, or from a mixture of fruits from the Psidium guajava and Psidium cattleianum plants of which mixture not less than seventy-five per cent shall be the fruit from the Psidium guajava plant.

"Consistency" means the viscosity, the tendency of insoluble solids to separate, and the percentage of centrifuged solids of the guava nectar prepared from the frozen guava nectar base.

"Fairly free from defects" means practically no seeds or portions of seeds are present; the drinking quality and appearance of the nectar are not seriously affected by the presence of grittiness, objectionable material, dark specks, harmless extraneous material, any other defect not specifically mentioned, or any combination of these defects; the stone cell count does not exceed seventy when centrifuged solids do not exceed thirty-five per cent and does not exceed seventy by more than two per cent for each one per cent that the centrifuged solids exceed thirty-five per cent; the mold count does not exceed fifteen per cent; and the aggregate area of any black or brown deposit at the bottom of the centrifuge tube after centrifuging does not exceed the area of a circle three-sixteenths inch in diameter.

"Fairly good consistency" means the nectar flows readily; is not excessively thick; has a viscometer reading of not less than sixteen seconds at twenty-five degrees celsius; and contains not less than eighteen per cent centrifuged solids.

"Frozen guava nectar base" means the undiluted, unconcentrated, unfermented juice and pulp obtained from sound, mature, fresh, and properly washed fruit of the Psidium guajava or Psidium cattleianum guava plant, packed with the addition of non-liquid sweetening ingredients and with or without the addition of a certified food coloring, fruit acids, or ascorbic acid; processed in accordance with good commercial practice; and frozen and maintained at temperatures sufficient for the preservation of the product.

"Good color" means the color is typical of nectar prepared from freshly extracted guava puree, or typical of artificially colored guava nectar, and is free from browning or other abnormal color by any cause.

"Good consistency" means the prepared nectar flows readily; shows very little or no tendency to separate; has a viscometer reading of not less than twenty seconds at twenty-five degrees celsius; and contains not less than twenty-two per cent centrifuged solids.

"Good flavor" means the product has a fine, distinct, and substantially typical flavor of guava nectar prepared from freshly expressed guava puree and the flavor is free from bitter, oxidized, immature fruit, or other off-flavors; the brix reading is not less than ten and one-half degrees nor more than fourteen degrees; the acid reading is not less than three-tenths gram nor more than one-half gram per one hundred ml of nectar; and the brix to acid ratio is not less than twenty-eight to one nor more than forty to one.

"Practically free from defects" means the nectar contains no seeds or portions of seeds; the drinking quality and appearance of the nectar is not more than slightly affected by the presence of dark specks, objectionable material, grittiness, harmless extraneous material, any other defect not specifically mentioned, or any combination of these defects; the stone cell count does not exceed forty when centrifuged solids do not exceed thirty-five per cent and does not exceed forty by more than one per cent for each one per cent that the centrifuged solids exceed thirty-five per cent; the mold count does not exceed fifteen per cent; and the aggregate area of any black or brown deposit at the bottom of the centrifuge tube after centrifuging does not exceed the area of a circle two-sixteenths inch in diameter.

"Prepared guava nectar" means the nectar prepared by diluting the guava nectar base with water based on the manufacturer's directions or label specifications, or by the addition of two and one-half volumes of water to one volume of nectar base.

"Reasonably good color" means the color is fairly typical of nectar prepared from freshly extracted guava puree, or fairly typical of artificially colored guava nectar, and is free from browning or other abnormal color by any cause.

"Reasonably good flavor" means the prepared guava nectar has a flavor fairly typical of guava nectar prepared from freshly expressed guava puree and the flavor is practically free from bitter, oxidized, immature fruit, or other off-flavors and free from abnormal flavors of any kind; the brix reading is not less than ten degrees nor more than fifteen and one-half degrees; the acid reading is not less than one-fourth gram nor more than six-tenths gram per one hundred ml of nectar; and the brix to acid ratio is not less than twenty to one nor more than fifty-five to one.

"Strawberry guava nectar base" means the nectar base made from the fruit of Psidium cattleianum guava plant.

(b) Types of frozen guava nectar base are:

(1) Common guava nectar base; and

(2) Strawberry guava nectar base.

(c) Hawaii Grade A or Hawaii Fancy frozen guava nectar base is the quality of frozen guava nectar base which mixes readily into a guava nectar that possesses the amount of pulp and cloud necessary to substantially reflect the appearance of guava nectar prepared from freshly expressed guava puree; that has good color, good consistency, and good flavor; and that is practically free from defects and scores not less than eighty-five points by the scoring system in subsection (f).

(d) Hawaii Grade B or Hawaii Choice frozen guava nectar base is the quality of frozen guava nectar base which mixes readily into a guava nectar that possesses the amount of pulp and cloud necessary to reasonably reflect the appearance of guava nectar prepared from freshly expressed guava puree; that has reasonably good color, fairly good consistency, and reasonably good flavor; and that is fairly free from defects and scores not less than seventy points by the scoring system in subsection (f).

(e) Substandard frozen guava nectar base is the quality of frozen guava nectar base that fails to meet the requirements of subsections (c) and (d).

(f) The grade of frozen guava nectar base shall be ascertained by considering both the factor of quality which is not scored (ease of mixing into guava nectar) and those factors which are scored. The importance of each quality factor scored shall be expressed numerically on the scale of one hundred. The maximum number of points given to a specific quality factor which is scored shall be twenty points for color; twenty-five points for consistency; twenty points for absence of defects; and thirty-five points for flavor. The points score for each quality factor shall be determined immediately after the frozen guava nectar base has been converted into prepared guava nectar. The prepared guava nectar which falls into a particular classification for any quality factor shall not be assigned a grade indicative of a higher classification regardless of the total score for the product. The following quality classifications shall apply to frozen guava nectar base:

(1) Color classifications shall be as follows:

(A) Frozen guava nectar base that possesses a good color when prepared as guava nectar may be given a score of seventeen to twenty points and shall be classified as fancy;

(B) Frozen guava nectar base that possesses a reasonably good color when prepared as guava nectar may be given a score of fourteen to sixteen points and shall be classified as choice; and

(C) Frozen guava nectar base that fails to meet the requirements of subparagraphs (A) and (B) when prepared as guava nectar may be given a score of zero to thirteen points and shall be classified as substandard;

(2) Consistency classifications shall be as follows:

(A) Frozen guava nectar base that possesses good consistency when prepared as guava nectar may be given a score of twenty-one to twenty-five points and shall be classified as fancy;

(B) Frozen guava nectar base that possesses a fairly good consistency when prepared as guava nectar may be given a score of seventeen to twenty points and shall be classified as choice; and

(C) Frozen guava nectar base that fails to meet the requirements of subparagraphs (A) and (B) when prepared as guava nectar may be given a score of zero to sixteen points and shall be classified as substandard;

(3) Absence of defects classifications shall be as follows:

(A) Frozen guava nectar base that is practically free from defects when prepared as guava nectar may be given a score of seventeen to twenty points and shall be scored as fancy;

(B) Frozen guava nectar base that is fairly free from defects when prepared as guava nectar may be given a score of fourteen to sixteen points and shall be classified as choice; and

(4) Flavor classifications shall be as follows:

(A) Frozen guava nectar base that possesses a good flavor when prepared as guava nectar may be given a score of thirty to thirty-five points and shall be classified as fancy;

(B) Frozen guava nectar base that possesses a reasonably good flavor when prepared as guava nectar may be given a score of twenty-five to twenty-nine points and shall be classified as choice; and

(C) Frozen guava nectar base that fails to meet the requirements of subparagraphs (A) and (B) when prepared as guava nectar may be given a score of zero to twenty-four points and shall be classified as substandard.

(g) The speed of the centrifuge machine for the determination of centrifuged solids shall be from column A in "Table I, Approximate Revolutions of Centrifuge Machine, 8/24/68", which is located at the end of this chapter and made a part of this chapter.

(h) The recommended fill of container shall not be incorporated in the grades of the finished product since fill of container is not a factor of quality for the purpose of this section. It is recommended that each container be filled as full as practicable with frozen guava nectar base.

History

[Eff 5/29/81; am and comp 3/24/86] (Auth: HRS § 147-57) (Imp: HRS §§ 147-52 and 147-53)

Haw. Code R. § 4-44-5 Standards for frozen guava puree

(a) As used in this section:

"Acid" means grams of acid, calculated as anhydrous citric acid, per one hundred ml of the prepared drink as determined by titration with sodium hydroxide solution using phenolphthalein and methylene blue as indicators.

"Common guava puree" means puree made from the fruit of the Psidium guajava plant, or a mixture of fruits from the Psidium guajava and Psidium cattleianum plants of which mixture not less than seventy-five per cent shall be the fruit from the Psidium guajava plant.

"Fairly free from defects" means practically no seeds or portions of seeds are present; the drinking quality and appearance of the guava drink is not seriously affected by the presence of grittiness, dark specks, other objectionable material, any other defect not specifically mentioned, or any combination of these defects; the stone cell count does not exceed seventy when centrifuged solids do not exceed thirty-five per cent and does not exceed seventy by more than two per cent for each one per cent that the centrifuged solids exceed thirty-five per cent; the mold count does not exceed fifteen per cent; and the aggregate area of any black or brown deposit at the bottom of the centrifuge tube after centrifuging does not exceed the area of a circle three-sixteenths inch in diameter.

"Fairly good consistency" means the drink flows readily; is not excessively thick; unless specified as cultivated variety, has sufficient viscosity so that the viscometer reading is not less than twenty-eight seconds at twenty-five degrees celsius; and contains not less than twenty-seven per cent centrifuged solids. For a cultivated variety, the viscometer reading shall be not less than twenty-five seconds at twenty-five degrees celsius and centrifuged solids not less than twenty-three per cent.

"Frozen guava puree" is the undiluted, unconcentrated, unfermented juice and pulp in natural proportions obtained from the sound, mature, fresh, and properly washed fruit of the Psidium guajava or Psidium cattleianum guava plant, packed with or without the addition of certified food coloring, fruit acids, or ascorbic acid; processed in accordance with good commercial practice; and frozen and maintained at temperatures sufficient for the preservation of the product.

"Good color" means the color is typical of a drink prepared from freshly extracted guava puree, or typical of artificially colored guava drink, and free from browning or other abnormal color by any cause.

"Good consistency" means the prepared drink flows readily; shows very little or no tendency to separate; unless specified as cultivated variety, has sufficient viscosity so that the viscometer reading is not less than thirty seconds at twenty-five degrees celsius; and contains not less than thirty-two per cent centrifuged solids. For a cultivated variety, the viscosity reading shall be not less than twenty-eight seconds at twenty-five degrees celsius and centrifuged solids not less than twenty-six per cent.

"Good flavor" means the prepared guava drink has a fine, distinct flavor substantially typical of a guava drink prepared from freshly expressed guava puree and the flavor is free from bitter, oxidized, immature fruit, or other off-flavors; the soluble solids reading is not less than seven degrees for the filtrate; and the acid reading is not less than two-tenths gram nor more than forty-five one-hundredth gram per one hundred grams of prepared guava drink. For a cultivated variety, the guava puree shall have a soluble solids reading of not less than six degrees for the filtrate.

"Practically free from defects" means the prepared guava drink contains no seeds or portions of seeds; the drinking quality and appearance of the prepared drink is not more than slightly affected by the presence of grittiness, dark specks, harmless extraneous material, other objectionable material, any other defect not specifically mentioned, or any combination of these defects; the stone cell count does not exceed forty-five when centrifuged solids do not exceed thirty-five per cent and does not exceed forty-five by more than one per cent for each one per cent that the centrifuged solids exceed thirty-five per cent; the mold count does not exceed fifteen per cent; and the aggregate area of any black or brown deposit at the bottom of the centrifuge tube after centrifuging does not exceed the area of a circle two-sixteenths inch in diameter.

"Prepared guava drink" means the drink prepared by diluting guava puree with water based on the manufacturer's directions or label specifications, or by the addition of two and one-half volumes of water to one volume of puree.

"Reasonably good color" means the color is fairly typical of a drink prepared from freshly extracted guava puree, or fairly typical of an artificially colored guava drink, and free from browning or other abnormal color by any cause.

"Reasonably good flavor" means the prepared guava drink has a flavor fairly typical of a guava drink prepared from freshly expressed guava puree and the flavor is practically free from bitter, oxidized, immature fruit, or other off-flavors and free from abnormal flavors of any kind; the soluble solids reading is not less than six and one-half degrees for the filtrate; and the acid reading is not less than two-tenths gram nor more than fifty-five one-hundredth gram per one hundred grams of prepared guava drink. For a cultivated variety, the guava puree shall meet a soluble solids reading of not less than five and five-tenths degrees for the filtrate.

"Strawberry guava puree" means puree made from the fruit of the Psidium cattleianum guava tree.

(b) Types of frozen guava puree are:

(1) Common guava puree; and

(2) Strawberry guava puree.

(c) Hawaii Grade A or Hawaii Fancy frozen guava puree is the quality of frozen guava puree which mixes readily into a guava drink that possesses the amount of pulp and cloud necessary to substantially reflect the appearance of a guava drink prepared from freshly expressed guava puree; that possesses a good color, good consistency, and good flavor; and that is practically free from defects and scores not less than eighty-five points by the scoring system in subsection (f).

(d) Hawaii Grade B or Hawaii Choice frozen guava puree is the quality of frozen guava puree which mixes readily into a guava drink that possesses the amount of pulp and cloud necessary to reasonably reflect the appearance of a guava drink prepared from freshly expressed guava puree; that possesses a reasonably good color, fairly good consistency, and reasonably good flavor; and that is fairly free from defects and scores not less than seventy points by the scoring system in subsection (f).

(e) Substandard frozen guava puree is the quality of frozen guava puree that fails to meet the requirements of subsections (c) and (d).

(f) The grade of frozen guava puree shall be ascertained by considering both the factor of quality which is not scored (ease of mixing into a guava drink) and the factors which are scored. The importance of each quality factor scored shall be expressed numerically on the scale of one hundred. The maximum number of points given to a specific quality factor which is scored shall be twenty points for color; twenty-five points for consistency; twenty points for absence of defects; and thirty-five points for flavor.

The points score for each quality factor shall be determined immediately after the product has been prepared as a guava drink. The prepared guava drink which falls into a particular classification for any quality factor shall not be assigned a grade indicative of a higher classification regardless of the total score for the product. The following quality classifications shall apply to frozen guava puree:

(1) Color classifications shall be as follows:

(A) Frozen guava puree that possesses a good color when prepared as a guava drink may be given a score of seventeen to twenty points and shall be classified as fancy;

(B) Frozen guava puree that possesses a reasonably good color when prepared as a guava drink may be given a score of fourteen to sixteen points and shall be classified as choice; and

(C) Frozen guava puree that fails to meet the requirements of subparagraphs (A) and (B) when prepared as a guava drink may be given a score of zero to thirteen points and shall be classified as substandard;

(2) Consistency classifications shall be as follows:

(A) Frozen guava puree that possesses a good consistency when prepared as a guava drink may be given a score of twenty-one to twenty-five points and shall be classified as fancy;

(B) Frozen guava puree that possesses a fairly good consistency when prepared as a guava drink may be given a score of seventeen to twenty points and shall be classified as choice; and

(C) Frozen guava puree that fails to meet the requirements of subparagraphs (A) and (B) when prepared as a guava drink may be given a score of zero to sixteen points and shall be classified as substandard;

(3) Absence of defects classifications shall be as follows:

(A) Frozen guava puree that is practically free from defects when prepared as a guava drink may be given a score of seventeen to twenty points and shall be classified as fancy;

(B) Frozen guava puree that is fairly free from defects when prepared as a guava drink may be given a score of fourteen to sixteen points and shall be classified as choice; and

(4) Flavor classifications shall be as follows:

(A) Frozen guava puree that possesses a good flavor when prepared as a guava drink may be given a score of thirty to thirty-five points and shall be classified as fancy;

(B) Frozen guava puree that possesses a reasonably good flavor when prepared as a guava drink may be given a score of twenty-five to twenty-nine points and shall be classified as choice; and

(C) Frozen guava puree that fails to meet the requirements of subparagraphs (A) and (B) when prepared as a guava drink may be given a score of zero to twenty-four points and shall be classified as substandard.

(h) The recommended fill of container shall not be incorporated in the grades of the finished product since fill of container is not a factor of quality for the purpose of this section. It is recommended that each container be filled as full as practicable with frozen guava puree.

History

[Eff 5/29/81; am and comp 3/24/86] (Auth: HRS § 147-57) (Imp: HRS §§ 147-52 and 147-53)

Haw. Code R. § 4-44-6 Standards for canned papaya nectar

(a) As used in this section:

"Canned papaya nectar" is the diluted, unfermented juice and pulp obtained from the sound, mature, fresh fruit of the Carica papaya tree which juice and pulp may have been preserved by freezing or chilling; the fruit has been properly washed, prepared, and comminuted; is packed with the addition of potable water, with or without the addition of nutritive sweetening ingredients or other suitable sweeteners for dietetic packs, with or without the addition of fruit acids, ascorbic acid, or stabilizers or preservatives, provided that at least one-third by weight of the nectar consists of papaya juice and pulp in natural proportions; and provided further that no more than ten per cent, by weight, of the nectar consists of the juice and pulp of another fruit; and is sufficiently processed by heat or other approved method to assure preservation of the product in hermetically sealed containers.

"Dietetic product" means canned papaya nectar that is packed to meet the requirements of a special diet.

"Fairly free from defects" means practically no seeds or portions of seeds are present; the drinking quality and appearance are not seriously affected by the presence of harmless extraneous material, objectionable material, any other defect not specifically mentioned, or any combination of these defects; the aggregate area of any black or brown deposit at the bottom of the centrifuge tube after centrifuging does not exceed the area of a circle seven thirty-seconds inch in diameter; and the mold count does not exceed fifteen per cent.

"Fairly good consistency" means the nectar flows readily; is not excessively thick; shows no more than slight coagulation; has a viscometer reading of not less than twenty-five seconds at twenty-five degrees celsius; and contains not less than twenty-six per cent centrifuged solids.

"Fairly good flavor" means a flavor fairly typical of canned papaya nectar which is free from putrefactive, fermented, or other off-flavors and the brix reading is not less than nine and one-half degrees nor more than eighteen degrees; the acid reading is not less than one-tenth gram nor more than six-tenths gram per one hundred ml of nectar; and the brix to acid ratio is not less than twenty-five to one nor more than eighty to one. There shall be no brix or brix to acid ratio requirement for dietetic products.

"Good color" means the color of the canned papaya nectar is fairly bright and fairly typical of nectar prepared from freshly extracted papaya juice and pulp, and is not dull or brown colored or off-color from any cause.

"Good consistency" means that the nectar flows readily; shows very little or no tendency to separate; shows no coagulation; has a viscometer reading of not less than twenty-eight seconds at twenty-five degrees celsius; and contains not less than thirty-one per cent centrifuged solids.

"Good flavor" means the product has a fine, distinct canned papaya nectar flavor which is free from putrefactive, fermented, or off-flavors of any kind and the brix reading is not less than ten degrees nor more than sixteen degrees; the acid reading is not less than fifteen hundredths gram nor more than one-half gram per one hundred ml of nectar; and the brix to acid ratio is not less than thirty to one nor more than seventy to one. There shall be no brix or brix to acid ratio requirement for dietetic products.

"Harmless extraneous material" includes, but is not limited to, particles of seeds, peel, or placenta that will pass through round perforations not exceeding 0.03125 inch in diameter.

"Practically free from defects" means the nectar does not contain any seeds or portions of seeds; the drinking quality and appearance of the nectar is not more than slightly affected by the presence of harmless extraneous material, objectionable material, any other defect not specifically mentioned, or any combination of these defects; the aggregate area of any black or brown deposit at the bottom of the centrifuge tube after centrifuging does not exceed the area of a circle five thirty-seconds inch in diameter; and the mold count does not exceed fifteen per cent.

"Seeds or portions of seeds" means any intact seed or any portion of a seed that will not pass through a round perforation 0.03125 inch in diameter.

"Very good color" means the color of the canned papaya nectar is bright and typical of nectar prepared from freshly extracted papaya juice and pulp, and is free from browning or other abnormal color by any cause.

(b) Hawaii Grade A or Hawaii Fancy canned papaya nectar is the quality of canned papaya nectar that possesses a very good color, good consistency, and good flavor; is practically free from defects; and scores not less than eighty-five points by the scoring system in subsection (e).

(c) Hawaii Grade C or Hawaii Standard canned papaya nectar is the quality of canned papaya nectar that possesses a good color, fairly good consistency, and fairly good flavor; is fairly free from defects; and scores not less than seventy points by the scoring system in subsection (e).

(d) Substandard canned papaya nectar is the quality of canned papaya nectar that fails to meet the requirements of subsections (b) and (c).

(e) The grade of canned papaya nectar shall be ascertained by considering the factors of quality. The relative importance of each factor shall be expressed numerically on the scale of one hundred. The maximum number of points that may be given to specific quality factors shall be twenty points for color; twenty-five points for consistency; twenty points for absence of defects; and thirty-five points for flavor. Canned papaya nectar which falls into a particular classification for any quality factor shall not be assigned a grade indicative of a higher classification regardless of the total score for the product. The following quality classifications shall apply to canned papaya nectar:

(1) Color classifications shall be as follows:

(A) Canned papaya nectar that possesses a very good color may be given a score of seventeen to twenty points and shall be classified as fancy;

(B) Canned papaya nectar that possesses a good color may be given a score of fourteen to sixteen points and shall be classified as standard; and

(C) Canned papaya nectar that fails to meet the requirements of subparagraphs (A) and (B) may be given a score of zero to thirteen points and shall be classified as substandard;

(2) Consistency classifications shall be as follows:

(A) Canned papaya nectar that possesses a good consistency may be given a score of twenty-one to twenty-five points and shall be classified as fancy;

(B) Canned papaya nectar that possesses a fairly good consistency may be given a score of seventeen to twenty points and shall be classified as standard; and

(C) Canned papaya nectar that fails to meet the requirements of subparagraphs (A) and (B) may be given a score of zero to sixteen points and shall be classified as substandard;

(3) Absence of defects classifications shall be as follows:

(A) Canned papaya nectar that is practically free from defects may be given a score of seventeen to twenty points and shall be classified as fancy;

(B) Canned papaya nectar that is fairly free from defects may be given a score of fourteen to sixteen points and shall be classified as standard; and

(C) Canned papaya nectar that fails to meet the requirements of subparagraphs (A) and (B) may be given a score of zero to thirteen points and shall be classified as substandard; and

(4) Flavor classifications shall be as follows:

(A) Canned papaya nectar that possesses a good flavor may be given a score of thirty to thirty-five points and shall be classified as fancy;

(B) Canned papaya nectar that possesses a fairly good flavor may be given a score of twenty-five to twenty-nine points and shall be classified as standard; and

(C) Canned papaya nectar that fails to meet the requirements of subparagraphs (A) and (B) may be given a score of zero to twenty-four points and shall be classified as substandard.

(f) The speed of the centrifuge machine shall be from column B in "Table I, Approximate Revolutions of Centrifuge Machine, 8/24/68", which is located at the end of this chapter and made a part of this chapter.

(g) When canned papaya nectar is packaged as a dietetic product, this fact shall be stated in connection with the grade assigned to the product.

Example: Hawaii Fancy, Dietetic Product or Hawaii Grade C, Dietetic product.

(h) The recommended fill of container shall not be incorporated in the grades of the finished product since fill of container is not a factor of quality for the purpose of this section. It is recommended that the container be as full of papaya nectar as practicable and that the product occupy not less than ninety per cent of the volume capacity of the container.

History

[Eff 5/29/81; am and comp 3/24/86] (Auth: HRS § 147-57) (Imp: HRS §§ 147-52 and 147-53)

Haw. Code R. § 4-44-7 Standards for canned papaya-passion fruit nectar blend

(a) As used in this section:

"Canned papaya-passion fruit nectar blend", which in these standards is also considered a nectar, means the diluted, unfermented juice and pulp obtained from the sound, mature, fresh fruit of the papaya tree (Carica papaya) and from the sound, fresh, mature fruit of the passion fruit vine (Passiflora edulis or Passiflora edulis f. flavicarpa or hybrids of these species), which juice and pulp may have been preserved by freezing or chilling, which fruits have been properly washed and comminuted; are packed with the addition of potable water, with or without the addition of nutritive sweetening ingredients or other suitable sweeteners for dietetic packs, fruit acids, ascorbic acid, stabilizers, or preservatives, provided that at least twelve per cent, by weight, of the nectar blend consists of papaya juice and pulp in natural proportions, and not more than twenty-five per cent and not less than twelve per cent, by weight, of the nectar blend consists of passion fruit juice and pulp in natural proportions; and is sufficiently processed by heat to assure preservation of the product in hermetically sealed containers.

"Dietetic product" means canned papaya-passion fruit nectar blends that are packed to meet the requirements of a special diet.

"Fairly good consistency" means the nectar blend flows readily; is not excessively thick; shows no more than slight coagulation; has a viscometer reading of not less than twenty seconds at twenty-five degrees celsius; and contains not less than seventeen per cent centrifuged solids.

"Fairly free from defects" means practically no seeds or portions of seeds are present; the drinking quality and appearance is not seriously affected by the presence of harmless extraneous material, objectionable material, any other defect not specifically mentioned, or any combination of these defects; the aggregate area of any black or brown deposit at the bottom of the centrifuge tube after centrifuging does not exceed the area of a circle three-sixteenths inch in diameter; and the mold count does not exceed ten per cent.

"Good color" means the color of the canned papaya-passion fruit nectar blend is fairly bright and fairly typical of nectar blend prepared from freshly extracted papaya and passion fruit juice and pulp, and is not dull or brown colored or off-color from any cause.

"Good consistency" means the nectar blend flows readily; shows very little or no tendency to separate; shows no coagulation; has a viscometer reading of not less than twenty-three seconds at twenty-five degrees celsius; and contains not less than twenty-two per cent centrifuged solids.

"Good flavor" means the product has a fairly typical canned papaya-passion fruit nectar blend flavor which is free from putrefactive, fermented, or other off-flavors and the brix reading is not less than nine and one-half degrees nor more than sixteen degrees; the acid reading is not less than two-tenths gram nor more than three-fourths gram per one hundred ml of nectar blend; and the brix to acid ratio is not less than twenty to one nor more than sixty to one. There shall be no brix or brix to acid ratio requirement for dietetic products.

"Harmless extraneous material" includes, but is not limited to, particles of seeds, peel, or placenta that will pass through round perforations not exceeding 0.03125 inch in diameter.

"Practically free from defects" means the nectar blend does not contain any seeds or portions of seeds; the drinking quality and appearance of the nectar blend are not more than slightly affected by the presence of extraneous material, objectionable material, any other defect not specifically mentioned, or any combination of these defects; the aggregate area of black or brown deposit at the bottom of the centrifuge tube after centrifuging does not exceed an area of a circle two-sixteenths inch in diameter; and the mold count does not exceed ten per cent.

"Seeds or portions of seeds" means any intact seed or any portion of a seed that will not pass through a round perforation 0.03125 inch in diameter.

"Very good color" means the color of the canned papaya-passion fruit nectar blend is bright and typical of nectar blend prepared from freshly extracted papaya and passion fruit juice and pulp, and is free from browning or other abnormal color by any cause.

"Very good flavor" means the product has a fine, distinct canned papaya-passion fruit nectar blend flavor which is free from putrefactive, fermented, immature, or other off-flavors of any kind and the brix reading is not less than ten and one-half degrees nor more than fifteen degrees; the acid reading is not less than one-fourth gram nor more than seven-tenths gram per one hundred ml of nectar blend; and the brix to acid ratio is not less than twenty-five to one nor more than fifty-five to one. There shall be no acid or brix to acid ratio requirement for dietetic products.

(b) Hawaii Grade A or Hawaii Fancy canned papaya-passion fruit nectar blend is the quality of canned papaya-passion fruit nectar blend that possesses a very good color, good consistency, and very good flavor; is practically free from defects; and scores not less than eighty-five points by the scoring system in subsection (e).

(c) Hawaii Grade C or Hawaii Standard canned papaya-passion fruit nectar blend is the quality of canned papaya-passion fruit nectar blend that possesses a good color, fairly good consistency, and good flavor; is fairly free from defects; and scores not less than seventy points by the scoring system in subsection (e).

(d) Substandard canned papaya-passion fruit nectar blend is the quality of canned papaya-passion fruit nectar blend that fails to meet the requirements of subsections (b) and (c).

(e) The grade of canned papaya-passion fruit nectar blend shall be ascertained by considering the factors of quality. The importance of each quality factor which is scored shall be expressed numerically on the scale of one hundred. The maximum number of points which may be given to specific quality factors shall be twenty points for color; twenty-five points for consistency; twenty points for absence of defects; and thirty-five points for flavor. Canned papaya-passion fruit nectar blend which falls into a particular classification for any quality factor shall not be assigned a grade indicative of a higher classification regardless of the total score for the product. The following quality classifications shall apply to canned papaya-passion fruit nectar blends:

(1) Color classifications shall be as follows:

(A) Canned papaya-passion fruit nectar blend that possesses a very good color may be given a score of seventeen to twenty points and shall be classified as fancy;

(B) Canned papaya-passion fruit nectar blend that possesses a good color may be given a score of fourteen to sixteen points and shall be classified as standard; and

(C) Canned papaya-passion fruit nectar blend that fails to meet the requirements of subparagraphs (A) and (B) may be given a score of zero to thirteen points and shall be classified as substandard;

(2) Consistency classifications shall be as follows:

(A) Canned papaya-passion fruit nectar blend that possesses good consistency may be given a score of twenty-one to twenty-five points and shall be classified as fancy;

(B) Canned papaya-passion fruit nectar blend that possesses a fairly good consistency may be given a score of seventeen to twenty points and shall be classified as standard; and

(C) Canned papaya-passion fruit nectar blend that fails to meet the requirements of subparagraphs (A) and (B) may be given a score of zero to sixteen points and shall be classified as substandard;

(3) Absence of defects classifications shall be as follows:

(A) Canned papaya-passion fruit nectar blend that is practically free from defects may be given a score of seventeen to twenty points and shall be scored as fancy;

(B) Canned papaya-passion fruit nectar blend that is fairly free from defects may be given a score of fourteen to sixteen points and shall be scored as standard; and

(C) Canned papaya-passion fruit nectar blend that fails to meet the requirements of subparagraphs (A) and (B) may be given a score of zero to thirteen points and shall be classified as substandard; and

(4) Flavor classifications shall be as follows:

(A) Canned papaya-passion fruit nectar blend that possesses very good flavor may be given a score of thirty to thirty-five points and shall be classified as fancy;

(B) Canned papaya-passion fruit nectar blend that possesses a good flavor may be given a score of twenty-five to twenty-nine points and shall be classified as standard; and

(C) Canned papaya-passion fruit nectar blend that fails to meet the requirements of subparagraphs (A) and (B) may be given a score of zero to twenty-four points and shall be classified as substandard.

(g) When canned papaya-passion fruit nectar blend is packaged as a dietetic product, this fact shall be stated in connection with the grade assigned to the product.

Example: Hawaii Fancy, Dietetic Product or Hawaii Grade C, Dietetic Product.

(h) The recommended fill of container shall not be incorporated in grades of the finished product since fill of container is not a factor of quality for the purpose of this section. It is recommended that the container be as full of papaya-passion fruit nectar blend as practicable and that the product occupy not less than ninety per cent of the volume capacity of the container.

History

[Eff 5/29/81; am and comp 3/24/86] (Auth: HRS § 147-57) (Imp: HRS §§ 147-52 and 147-53)

Haw. Code R. § 4-44-8 Standards for frozen papaya puree

(a) As used in this section:

"Absence of defects" means the degree of freedom from seeds, portions of seeds, harmless extraneous material, papain, objectionable material, and other defects not specifically mentioned that affect the appearance or drinking quality of the product.

"Fairly free from defects" means practically no seeds or portions of seeds are present; the appearance and drinking quality of the prepared papaya drink are not seriously affected by dark specks, objectionable material, any other defect not specifically mentioned, or any combination of these defects; the aggregate area of any black or brown deposit at the bottom of the centrifuge tube after centrifuging does not exceed the area of a circle three-sixteenths inch in diameter; the clotting time of the papaya puree is not less than five minutes when tested according to the method in subsection (f) for determining presence of papain; and the mold count does not exceed fifteen per cent.

"Fairly good consistency" means the prepared papaya drink flows readily; is not excessively thick; has a viscometer reading of not less than twenty-three seconds at twenty-five degrees celsius; and contains not less than twenty per cent centrifuged solids.

"Frozen papaya puree" is the undiluted, unconcentrated, unfermented juice and pulp in natural proportions from the sound, mature, fresh fruit of the papaya tree (Carica papaya), which fruit has been properly washed; is packed with or without fruit acids or ascorbic acid; is processed in accordance with good commercial practice; and is frozen and maintained at temperatures sufficient for the preservation of the product.

"Good color" means the color of the prepared papaya drink is fairly typical of a drink prepared from freshly extracted papaya puree, is light yellow to orange, and is free from browning or other abnormal color by any cause.

"Good consistency" means the prepared papaya drink flows readily; shows no tendency to separate; has a viscosity reading of not less than twenty-eight seconds at twenty-five degrees celsius; and contains not less than twenty-five per cent centrifuged solids.

"Good flavor" means the prepared papaya drink has the fine, distinct, and substantially typical flavor of a papaya drink prepared from freshly expressed puree and the flavor is free from bitter, putrefactive, oxidized, immature fruit, or other off-flavors; the soluble solids reading is not less than ten and one-half per cent; and the acid reading is not more than fifteen-hundredths gram per one hundred grams of puree.

"Harmless extraneous material" includes, but is not limited to, portions of seeds, placenta, or peel that will pass through round perforations not exceeding 0.03125 inch in diameter.

"Practically free from defects" means no seeds or portions of seeds are present; the drinking quality and appearance of the prepared drink are not more than slightly affected by the presence of dark specks, objectionable material, harmless extraneous material, any other defect not specifically mentioned, or any combination of these defects; the aggregate area of any black or brown deposit at the bottom of the centrifuge tube after centrifuging does not exceed an area of a circle two-sixteenths inch in diameter; the clotting time of the papaya puree is not less than seven minutes when tested according to the method in subsection (f) for determining presence of papain; and the mold count does not exceed fifteen per cent.

"Prepared papaya drink" means the papaya puree diluted with water based on the manufacturer's directions or label specification, or by the addition of two and one-half volumes of potable water to one volume of puree.

"Reasonably good flavor" means the prepared papaya drink has a flavor fairly typical of a papaya drink prepared from freshly expressed papaya puree and the flavor is practically free from bitter, putrefactive, oxidized, immature fruit, or other off-flavors and free from abnormal flavors of any kind; and the papaya puree has a soluble solids reading of not less than nine and one-half per cent and an acid reading of not less than one-tenth gram per one hundred grams of puree.

"Seeds or portion of seeds" means any intact seed or any portion of a seed that will not pass through a round perforation 0.03125 inch in diameter.

"Very good color" means the color is light yellow to orange, is typical of nectar prepared from freshly extracted papaya puree, and is free from browning or other abnormal color by any cause.

(b) Hawaii Grade A or Hawaii Fancy frozen papaya puree is the quality of frozen papaya puree which mixes readily into a papaya drink that possesses the amount of pulp and cloud necessary to substantially reflect the appearance of a papaya drink prepared from freshly expressed papaya puree; that possesses a very good color, good consistency, and good flavor; and that is practically free from defects and scores not less than eighty-five points by the scoring system in subsection (e).

(c) Hawaii Grade B or Hawaii Choice frozen papaya puree is the quality of frozen papaya puree which mixes readily into a papaya drink that possesses the amount of pulp and cloud necessary to reasonably reflect the appearance of a papaya drink prepared from freshly expressed papaya puree; that possesses a good color, fairly good consistency, and reasonably good flavor; and that is fairly free from defects and scores not less than seventy points by the scoring system in subsection (e).

(d) Substandard frozen papaya puree is the quality of frozen papaya puree that fails to meet the requirements of subsections (b) and (c).

(e) The grade of frozen papaya puree shall be ascertained by considering both the factor of quality which is not scored (ease of mixing into a papaya drink) and those factors which are scored. The importance of each factor which is scored shall be expressed numerically on the scale of one hundred. The maximum number of points which may be given to specific quality factors shall be twenty points for color; twenty-five points for consistency; twenty points for absence of defects; and thirty-five points for flavor. The score points for each quality factor shall be determined before or immediately after the product has been prepared as a papaya drink. Frozen papaya puree which falls into a particular classification for any quality factor shall not be assigned a grade indicative of a higher classification regardless of the total score for the product. The following quality classifications shall apply to frozen papaya puree:

(1) Color classifications shall be as follows:

(A) Frozen papaya puree which possesses a very good color when prepared as a papaya drink may be given a score of seventeen to twenty points and shall be classified as fancy;

(B) Frozen papaya puree which possesses a good color when prepared as a papaya drink may be given a score of fourteen to sixteen points and shall be classified as choice; and

(C) Frozen papaya puree which fails to meet the requirements of subparagraphs (A) and (B) when prepared as a papaya drink may be given a score of zero to thirteen points and shall be classified as substandard;

(2) Consistency classifications shall be as follows:

(A) Frozen papaya puree which possesses a good consistency when prepared as a papaya drink may be given a score of twenty-one to twenty-five points and shall be classified as fancy;

(B) Frozen papaya puree which possesses a fairly good consistency when prepared as a papaya drink may be given a score of seventeen to twenty points and shall be classified as choice; and

(C) Frozen papaya puree which fails to meet the requirements of subparagraphs (A) and (B) when prepared as a papaya drink may be given a score of zero to sixteen points and shall be classified as substandard;

(3) Absence of defects classifications shall be as follows:

(A) Frozen papaya puree which is practically free from defects when prepared as a papaya drink may be given a score of seventeen to twenty points and shall be classified as fancy;

(B) Frozen papaya puree which is fairly free from defects when prepared as a papaya drink may be given a score of fourteen to sixteen points and shall be classified as choice; and

(4) Flavor classifications shall be as follows:

(A) Frozen papaya puree which possesses a good flavor when prepared as a papaya drink may be given a score of thirty to thirty-five points and shall be classified as fancy;

(B) Frozen papaya puree which possesses a reasonably good flavor when prepared as a papaya drink may be given a score of twenty-five to twenty-nine points and shall be classified as choice; and

(C) Frozen papaya puree which fails to meet the requirements of subparagraphs (A) and (B) when prepared as a papaya drink may be given a score of zero to twenty-four points and shall be classified as substandard.

(f) Clotting test for papain shall include:

(1) Reagents as follows:

(A) Instant nonfat dry milk;

(B) Potassium phosphate, monobasic (hereafter KH2PO4);

(D) Distilled water;

(2) Apparatus as follows:

(A) One hundred ml volumetric flask;

(B) One ml pipette;

(D) Test tubes with stoppers;

(E) Balances;

(F) Thermometer;

(G) Centrifuge; and

(H) pH meter; and

(3) Procedure as follows:

(A) Weigh eight grams KH2PO4 and dilute to one hundred ml with dis- tilled water;

(B) Weigh ten grams nonfat dry milk and dilute to one hundred ml with distilled water;

(C) Mix together the solutions from paragraphs (A) and (B) and, if necessary, adjust the pH of the mixture to five and three-tenths with KH2PO4 or sodium hydroxide (NaOH), whichever is necessary (this mixture will be satisfactory for use for almost a week if kept under refrigeration);

(D) Prepare a fresh standardizing solution of rennet powder in distilled water using one milligram rennet powder for each ml of standardizing solution;

(E) Standardize the phosphate and milk solution by adding one ml of standardizing solution to five ml of the phosphate and milk solution at twenty-five degrees celsius (the time required to clot the phosphate and milk solution should be about thirty seconds, but if the time is more or less than thirty seconds, the minimum time allowed for clotting by the papaya puree should be proportionately longer or shorter than the minimum time stated in the grade, with the adjusted time calculated by utilizing the formula X/T equals S/30, where S equals clotting time in seconds using the standardizing solution, T is the minimum clotting time requirement stated in the grade, and X is the minimum clotting time permitted using the prepared milk and phosphate solution); and

(F) To determine clotting time of the papaya puree, centrifuge the puree at 942 times gravity for ten minutes, add one ml of the supernatant liquid to five ml of the phosphate and milk solution, and read the time required for the first evidence of clotting to appear in the phosphate and milk solution as the clotting time.

(g) The speed of the centrifuge machine shall be from column B in "Table I, Approximate Revolutions of Centrifuge Machine, 8/24/68", which is located at the end of this chapter and made a part of this chapter.

(h) The recommended fill of container shall not be incorporated in the grades of the finished product since fill of container is not a factor of quality for the purpose of this section. It is recommended that the container be filled as full as practicable with frozen puree without impairment of quality.

History

[Eff 5/29/81; am and comp 3/24/86] (Auth: HRS § 147-57) (Imp: HRS §§ 147-52 and 147-53)

Haw. Code R. § 4-44-9 Standards for canned passion fruit nectar

(a) As used in this section:

"Canned passion fruit nectar" is the diluted, unfermented juice and pulp obtained from the sound, mature, fresh fruit of the passion fruit vine (Passiflora edulis or Passiflora edulis f. flavicarpa or hybrids of these species) which juice and pulp may have been preserved by freezing or chilling, and which fruit has been properly comminuted; is packed with the addition of potable water and of nutritive sweetening ingredients with or without the addition of fruit acids or ascorbic acid, provided that at least one-sixth, by weight, of the nectar consists of passion fruit juice and pulp in natural proportions; and is sufficiently processed by heat or other approved method to assure preservation of the product in hermetically sealed containers.

"Fairly good consistency" means the nectar flows readily; is not excessively thick; shows no more than a slight coagulation; and contains not less than four per cent centrifuged solids.

"Good color" means the color of the nectar is fairly bright and yellow; fairly typical of nectar prepared from freshly extracted passion fruit juice and pulp; and not excessively dull or brown colored or seriously off-color from any cause.

"Good consistency" means the nectar flows readily; shows very little or no tendency to separate; shows no coagulation; and contains not less than six per cent centrifuged solids.

"Good flavor" means a fine, distinct canned passion fruit nectar flavor which is free from bitter, oxidized, immature fruit, woody, or other off-flavors and the brix reading is not less than ten degrees; the acid reading is not less than four-tenths gram per one hundred ml of nectar; and the brix to acid ratio is not more than thirty-five to one.

"Practically free from defects" means the nectar contains no seeds or portions of seeds; the appearance and drinking quality of the nectar is not materially affected by the presence of objectionable material, harmless extraneous material, any other defect not specifically mentioned, or any combination of these defects; the mold count does not exceed ten per cent; and the aggregate area of any black or brown deposit at the bottom of the centrifuge tube after centrifuging does not exceed an area of a circle one-sixteenth inch in diameter.

"Reasonably good flavor" means a fairly typical flavor of canned passion fruit nectar which is practically free from marked bitter, oxidized, immature fruit, woody, or other off-flavors of any kind and the brix reading is not less than nine and one-half degrees; the acid reading is not less than thirty-five hundredths gram per one hundred ml of nectar; and the brix to acid ratio is not more than forty-five to one.

"Very good color" means that the color of the canned passion fruit nectar is typical of nectar prepared from freshly extracted passion fruit juice and pulp; i.e., it is bright, a good yellow in color, and free from browning or other abnormal color by any cause.

(b) Hawaii Grade A or Hawaii Fancy canned passion fruit nectar is the quality of canned passion fruit nectar that possesses a very good color, good flavor, and good consistency; and that is practically free from defects and scores not less than eighty-five points by the scoring system in subsection (e).

(c) Hawaii Grade C or Hawaii Standard canned passion fruit nectar is the quality of canned passion fruit nectar that possesses a good color, reasonably good flavor, and fairly good consistency; and that is fairly free from defects and scores not less than seventy points by the scoring system in subsection (e).

(d) Substandard canned passion fruit nectar is the quality of canned passion fruit nectar that fails to meet the requirements of subsections (b) and (c).

(e) The grade of canned passion fruit nectar shall be ascertained by considering the factors of quality. The importance of each quality factor which is scored shall be expressed numerically on the scale of one hundred. The maximum number of points which may be given to specific quality factors shall be fifteen points for color; twenty-five points for consistency; twenty-five points for absence of defects; and thirty-five points for flavor. Canned passion fruit nectar which falls into a particular classification for any quality factor shall not be assigned a grade indicative of a higher classification regardless of the total score for the product. The following quality classifications shall apply to canned passion fruit nectar:

(1) Color classifications shall be as follows:

(A) Canned passion fruit nectar that possesses very good color may be given a score of thirteen to fifteen points and shall be classified as fancy;

(B) Canned passion fruit nectar that possesses good color may be given a score of eleven or twelve points and shall be classified as standard; and

(C) Canned passion fruit nectar that fails to meet the requirements of subparagraphs (A) and (B) may be given a score of zero to ten points and shall be classified as substandard;

(2) Consistency classifications shall be as follows:

(A) Canned passion fruit nectar that possesses good consistency may be given a score of twenty-one to twenty-five points and shall be classified as fancy;

(B) Canned passion fruit nectar that possesses a fairly good consistency may be given a score of seventeen to twenty points and shall be classified as standard; and

(C) Canned passion fruit nectar that fails to meet the requirements of subparagraphs (A) and (B) may be given a score of zero to sixteen points and shall be classified as substandard;

(3) Absence of defects classifications shall be as follows:

(A) Canned passion fruit nectar that is practically free from defects may be given a score of twenty-one to twenty-five points and shall be scored as fancy;

(B) Canned passion fruit nectar that is fairly free from defects may be given a score of seventeen to twenty points and shall be scored as standard; and

(C) Canned passion fruit nectar that fails to meet the requirements of subparagraphs (A) and (B) may be given a score of zero to sixteen points and shall be classified as substandard; and

(4) Flavor classifications shall be as follows:

(A) Canned passion fruit nectar that possesses good flavor may be given a score of thirty to thirty-five points and shall be classified as fancy;

(B) Canned passion fruit nectar that possesses reasonably good flavor may be given a score of twenty-five to twenty-nine points and shall be classified as standard; and

(C) Canned passion fruit nectar that fails to meet the requirements of subparagraphs (A) and (B) may be given a score of zero to twenty-four points and shall be classified as substandard.

(g) The recommended fill of container shall not be incorporated in the grades of the finished product since fill of container is not a factor of quality for the purpose of this section. It is recommended that the container be as full of passion fruit nectar as practicable, and that the product occupy not less than ninety per cent of the volume capacity of the container.

History

[Eff 5/29/81; am and comp 3/24/86] (Auth: HRS § 147-57) (Imp: HRS §§ 147-52 and 147-53)

Haw. Code R. § 4-44-10 Standards for frozen passion fruit juice

(a) As used in this section:

"Fairly free from defects" means no seeds or portions of seeds are present; the appearance and drinking quality of the passion fruit drink are not seriously affected by the presence of dark specks, other objectionable material, harmless extraneous material, any other defect not specifically mentioned, or any combination of these defects; the aggregate area of any black or brown deposit at the bottom of the centrifuge tube after centrifuging does not exceed the area of a circle two-sixteenths inch in diameter; and the mold count does not exceed ten per cent.

"Fairly good consistency" means the drink flows readily; is not excessively thick; and contains not less than four per cent centrifuged solids.

"Frozen passion fruit juice" is the undiluted, unconcentrated, unfermented juice and pulp obtained from the sound, mature, fresh fruits of the passion fruit vine (Passiflora edulis or Passiflora edulis f. flavicarpa or hybrids of these species) which fruit has been properly washed and prepared; is packed with or without the addition of ascorbic acid or fruit acids, provided not less than seventy-five per cent, by weight, of the acidity in the frozen fruit juice is derived from the pulp and juice of the passion fruit; is processed in accordance with good commercial practice; and is frozen and maintained at temperatures sufficient for the preservation of the product.

"Good color" means the color is fairly typical of a drink prepared from freshly extracted passion fruit juice; not dark or discolored; and free from browning or other abnormal color by any cause.

"Good consistency" means the prepared drink flows readily; shows very little or no tendency to separate; and contains not less than six per cent centrifuged solids.

"Good flavor" means a fine, distinct, and substantially typical flavor of a passion fruit drink prepared from freshly expressed passion fruit juice and the flavor is free from bitter, oxidized, immature fruit, or other off-flavors; the brix reading is not less than twelve degrees; and the acid reading is not less than three and two-tenths gram per one hundred grams of juice.

"Passion fruit drink" means the passion fruit juice is diluted with water based on the manufacturer's directions or label specifications, or by the addition of four volumes of potable water to one volume of passion fruit juice.

"Practically free from defects" means no seeds or portions of seeds are present; the drinking quality and appearance of the prepared drink are not more than slightly affected by the presence of dark specks, harmless extraneous material, any other defect not specifically mentioned, or any combination of these defects; the aggregate area of any black or brown deposit at the bottom of the centrifuge tube after centrifuging does not exceed an area of a circle one-sixteenth inch in diameter; and the mold count does not exceed ten per cent.

"Reasonably good flavor" means fairly typical flavor of a passion fruit drink prepared from freshly expressed passion fruit juice and the flavor is practically free from bitter, oxidized, immature fruit, or other off-flavors and free from abnormal flavors of any kind; the brix reading is not less than eleven degrees; and the acid reading is not less than three grams per one hundred grams of juice.

"Very good color" means a good, bright, characteristic color that reflects the appearance of a passion fruit drink prepared from freshly expressed passion fruit juice and that is free from browning or other abnormal color by any cause.

(b) Hawaii Grade A or Hawaii Fancy frozen passion fruit juice is the quality of frozen passion fruit juice which mixes readily into a passion fruit drink that possesses the amount of pulp and cloud necessary to substantially reflect the appearance of a passion fruit drink prepared from freshly expressed passion fruit juice; that possesses a very good color, good consistency, and good flavor; and that is practically free from defects and scores not less than eighty-five points by the scoring system in subsection (e).

(c) Hawaii Grade B or Hawaii Choice frozen passion fruit juice is the quality of frozen passion fruit juice which mixes readily into a passion fruit drink that possesses the amount of pulp and cloud necessary to reasonably reflect the appearance of a passion fruit drink prepared from freshly expressed passion fruit juice; that possesses a good color, fairly good consistency, and reasonably good flavor; and that is fairly free from defects and scores not less than seventy points by the scoring system in subsection (e).

(d) Substandard frozen passion fruit juice is the quality of frozen passion fruit juice that fails to meet the requirements of subsections (b) and (c).

(e) The grade of frozen passion fruit juice shall be ascertained by considering both the factor of quality which is not scored (ease of mixing into passion fruit nectar) and the quality factors which are scored. The importance of each quality factor which is scored shall be expressed numerically on the scale of one hundred. The maximum number of points which may be given to specific quality factors shall be twenty points for color; twenty-five points for consistency; twenty points for defects; and thirty-five points for flavor. The points score for each quality factor shall be determined before or immediately after the product has been prepared as a passion fruit drink. Frozen passion fruit juice which falls into a particular classification for any quality factor shall not be assigned a grade indicative of a higher classification regardless of the total score for the product. The following quality classifications shall apply to frozen passion fruit juice:

(1) Color classifications shall be as follows:

(A) Frozen passion fruit juice which possesses a very good color when prepared as a passion fruit drink may be given a score of seventeen to twenty points and shall be classified as fancy;

(B) Frozen passion fruit juice which possesses a good color when prepared as a passion fruit drink may be given a score of fourteen to sixteen points and shall be classified as choice; and

(C) Frozen passion fruit juice which fails to meet the requirements of subparagraphs (A) and (B) when prepared as a passion fruit drink may be given a score of zero to thirteen points and shall be classified as substandard;

(2) Consistency classifications shall be as follows:

(A) Frozen passion fruit juice which possesses a good consistency when prepared as a passion fruit drink may be given a score of twenty-one to twenty-five points and shall be classified as fancy;

(B) Frozen passion fruit juice which possesses a fairly good consistency when prepared as a passion fruit drink may be given a score of seventeen to twenty points and shall be classified as choice; and

(C) Frozen passion fruit juice which fails to meet the requirements of subparagraphs (A) and (B) when prepared as a passion fruit drink may be given a score of zero to sixteen points and shall be classified as substandard;

(3) Absence of defects classifications shall be as follows:

(A) Frozen passion fruit juice which is practically free from defects when prepared as a passion fruit drink may be given a score of seventeen to twenty points and shall be classified as fancy;

(B) Frozen passion fruit juice which is fairly free from defects when prepared as a passion fruit drink may be given a score of fourteen to sixteen points and shall be classified as choice; and

(4) Flavor classifications shall be as follows:

(A) Frozen passion fruit juice which possesses a good flavor when prepared as a passion fruit drink may be given a score of thirty to thirty-five points and shall be classified as fancy;

(B) Frozen passion fruit juice which possesses a reasonably good flavor when prepared as a passion fruit drink may be given a score of twenty-five to twenty-nine points and shall be classified as choice; and

(C) Frozen passion fruit juice which fails to meet the requirements of subparagraphs (A) or (B) when prepared as a passion fruit drink may be given a score of zero to twenty-four points and shall be classified as substandard.

(g) The recommended fill of container shall not be incorporated in the grades of the finished product since fill of container is not a factor of quality for the purpose of this section. It is recommended that each container be filled as full as practicable with frozen passion fruit juice without impairment of quality.

History

[Eff 5/29/81; am and comp 3/24/86] (Auth: HRS § 147-57) (Imp: HRS §§ 147-52 and 147-53)

Haw. Code R. § 4-44-11 Standards for frozen passion fruit nectar base

(a) As used in this section:

"Fairly free from defects" means practically no seed or portions of seeds are present; the drinking quality and appearance of the passion fruit nectar are not seriously affected by the presence of objectionable material, harmless extraneous material, any other defect not specifically mentioned, or any combination of these defects; the aggregate area of any black or brown deposit at the bottom of the centrifuge tube after centrifuging does not exceed the area of a circle two-sixteenths inch in diameter; and the mold count does not exceed ten per cent.

"Fairly good consistency" means the nectar flows readily; is not excessively thick; and contains not less than four per cent centrifuged solids.

"Frozen passion fruit nectar base" is the undiluted, unconcentrated, unfermented juice and pulp in natural proportions obtained from the sound, mature, fresh fruit of the passion fruit vine (Passiflora edulis or Passiflora edulis f. flavicarpa or hybrids of these species), which fruit has been properly washed and properly prepared; is packed with the addition of non-liquid nutritive sweetening ingredients with or without the addition of ascorbic acid or fruit acids, provided that not less than seventy-five per cent, by weight, of the acidity of the frozen passion fruit nectar base is derived from the pulp and juice of the passion fruit; is processed in accordance with good commercial practice; and is frozen and maintained at temperatures sufficient for the preservation of the product.

"Good color" means the color is fairly typical of nectar prepared from freshly extracted passion fruit juice; not dark or discolored; and free from browning or other abnormal color by any cause.

"Good consistency" means the prepared nectar flows readily; shows very little or no tendency to separate; and contains not less than six per cent centrifuged solids.

"Good flavor" means a fine, distinct, and substantially typical flavor of passion fruit nectar prepared from freshly expressed passion fruit juice and the flavor is free from bitter, oxidized, immature fruit, or other off-flavors; the brix reading is not less than ten and one-half degrees nor more than fourteen degrees; the acid reading is not less than thirty-five hundredths gram nor more than six-tenths gram per one hundred ml of prepared nectar; and the brix to acid ratio is not less than nineteen to one nor more than thirty-five to one.

"Practically free from defects" means no seeds or portions of seeds are present; the drinking quality and appearance of the nectar are not more than slightly affected by the presence of objectionable material, harmless extraneous material, any other defect not specifically mentioned, or any combination of these defects; the aggregate area of any black or brown deposit at the bottom of the centrifuge tube after centrifuging does not exceed an area of a circle one-sixteenth inch in diameter; and the mold count does not exceed ten per cent.

"Prepared passion fruit nectar" means the passion fruit nectar base is diluted with water based on the manufacturer's directions or label specifications, or by the addition of four volumes of potable water to one volume of frozen passion fruit nectar base.

"Reasonably good flavor" means a fairly typical flavor of passion fruit nectar prepared from freshly expressed passion fruit juice and the flavor is practically free from bitter, oxidized, immature fruit, or other off-flavors and free from abnormal flavors of any kind; the brix reading is not less than nine and one-half degrees nor more than fifteen degrees; the acid reading is not less than three-tenths gram nor more than seven-tenths gram per one hundred ml of prepared nectar; and the brix to acid ratio is not less than seventeen to one nor more than forty to one.

"Very good color" means the color is bright and typical of nectar prepared from freshly extracted passion fruit juice, and free from browning or other abnormal color by any cause.

(b) Hawaii Grade A or Hawaii Fancy frozen passion fruit nectar base is the quality of frozen passion fruit nectar base which mixes readily into a passion fruit nectar that possesses the amount of pulp and cloud necessary to substantially reflect the appearance of a passion fruit nectar prepared from freshly expressed passion fruit juice; that possesses a very good color, good consistency, and good flavor; and that is practically free from defects and scores not less than eighty-five points by the scoring system in subsection (e).

(c) Hawaii Grade B or Hawaii Choice frozen passion fruit nectar base is the quality of frozen passion fruit nectar base which mixes readily into a passion fruit nectar that possesses the amount of pulp and cloud necessary to reasonably reflect the appearance of passion fruit nectar prepared from freshly expressed passion fruit juice; that possesses good color, fairly good consistency, and a reasonably good flavor; and that is fairly free from defects and scores not less than seventy points by the scoring system in subsection (e).

(d) Substandard frozen passion fruit nectar base is the quality of frozen passion fruit nectar base that fails to meet the requirements of subsections (b) and (c).

(e) The grade of frozen passion fruit nectar base shall be ascertained by considering both the factor of quality which is not scored (ease of mixing into passion fruit nectar) and those factors which are scored. The importance of each quality factor scored shall be expressed numerically on the scale of one hundred. The maximum number of points which may be given such quality factors shall be twenty points for color; twenty-five points for consistency; twenty points for absence of defects; and thirty-five points for flavor. The points score for each quality factor shall be determined immediately after the product has been prepared as passion fruit nectar. Frozen passion fruit nectar base which falls into a particular classification for any quality factor shall not be assigned a grade indicative of a higher classification regardless of the total score for the product. The following quality classifications shall apply to frozen passion fruit nectar base:

(1) Color classifications shall be as follows:

(A) Frozen passion fruit nectar base which possesses a very good color when prepared as a passion fruit nectar may be given a score of seventeen to twenty points and shall be classified as fancy;

(B) Frozen passion fruit nectar base which possesses a good color when prepared as a passion fruit nectar may be given a score of fourteen to sixteen points and shall be classified as choice; and

(C) Frozen passion fruit nectar base which fails to meet the requirements of subparagraphs (A) and (B) when prepared as a passion fruit nectar may be given a score of zero to thirteen points and shall be classified as substandard;

(2) Consistency classifications shall be as follows:

(A) Frozen passion fruit nectar base which possesses a good consistency when prepared as a passion fruit nectar may be given a score of twenty-one to twenty-five points and shall be classified as fancy;

(B) Frozen passion fruit nectar base which possesses a fairly good consistency when prepared as a passion fruit nectar may be given a score of seventeen to twenty points and shall be classified as choice; and

(C) Frozen passion fruit nectar base which fails to meet the requirements of subparagraphs (A) and (B) when prepared as a passion fruit nectar may be given a score of zero to sixteen points and shall be classified as substandard;

(3) Absence of defects classifications shall be as follows:

(A) Frozen passion fruit nectar base which is practically free from defects when prepared as a passion fruit nectar may be given a score of seventeen to twenty points and shall be classified as fancy;

(B) Frozen passion fruit nectar base which is fairly free from defects when prepared as a passion fruit nectar may be given a score of fourteen to sixteen points and shall be classified as choice; and

(4) Flavor classifications shall be as follows:

(A) Frozen passion fruit nectar base which possesses a good flavor when prepared as a passion fruit nectar may be given a score of thirty to thirty-five points and shall be classified as fancy;

(B) Frozen passion fruit nectar base which possesses a reasonably good flavor when prepared as a passion fruit nectar may be given a score of twenty-five to twenty-nine points and shall be classified as choice; and

(C) Frozen passion fruit nectar base which fails to meet the requirements of subparagraphs (A) and (B) when prepared as a passion fruit nectar may be given a score of zero to twenty-four points and shall be classified as substandard.

(g) The recommended fill of container shall not be incorporated in the grades of the finished product since fill of container is not a factor of quality for the purpose of this section. It is recommended that each container be filled as full as practicable with frozen passion fruit juice without impairment of quality.

History

[Eff 5/29/81; am and comp 3/24/86] (Auth: HRS § 147-57) (Imp: HRS §§ 147-52 and 147-53)

Haw. Code R. § 4-44-12 Standards for fruit preserves or jams and fruit jelly

(a) As used in this section:

"Fruit jelly" means the jellied foods each of which is made from a mixture composed of not less than forty-five parts by weight of one of any combination of not more than five varieties of fruit juice ingredients to each fifty-five parts by weight of optional ingredients. Fruit juice and optional ingredients are specified in section 150.140(b) and (c) of Title 21, Part 150, Fruit Butters, Jellies, Preserves, and Related Products, Code of Federal Regulations, as amended April 1, 1984, which is made a part of this section.

"Fruit preserves or jams" means preserve or jam, each of which is made from a mixture composed of not less than forty-five parts by weight of one fruit ingredient to each fifty-five parts by weight of optional ingredients. Fruit and optional ingredients are specified in section 150.160(b) and (c) of Title 21, Part 150, Fruit Butters, Jellies, Preserves, and Related Products, Code of Federal Regulations, as amended April 1, 1984, which is made a part of this section.

(b) The United States Standards for Grades of Fruit Jelly, effective September 3, 1979, and the United States Standards for Grades of Fruit Preserves (or Jams), effective January 4, 1980, are made a part of this section.

History

[Eff 5/29/81; am and comp 3/24/86] (Auth: HRS § 147-57) (Imp: HRS §§ 147-52 and 147-53)

Haw. Code R. § 4-44-13 Standards for roasted macadamia nuts

(a) As used in this section:

"Absence of defects" means the degree of freedom from adhering shell, blemish, dark center, shriveling, loose extraneous material, and any other defect which detracts from the appearance or eating quality of the product.

"Blemish" means discolored spot or spots on the kernel surface, including insect scars.

"Crisp" means that practically all of the kernels are firm and crunchy in Styles I, II, III, IV, and V; and for Styles VI and VII, the eating quality is not appreciably affected by kernels which are not firm and crunchy.

"Critical defect" means any defect or combination of defects, such as mold, insect infestation, and foreign material, which seriously detracts from the edibility of the product, or which is not attendant with good commercial practice and can be expected to occur only infrequently.

"Deviants" means sample units that fall into the next grade below the indicated grade but do not score more than four score points below the minimum total score for the indicated grade.

"Good color" means the kernel color is typical and characteristic of mature macadamia nuts and of the roasting process employed; that any variation in shade of color within the mass or within a unit is not more than slight; and that a discolored ring may be present, provided that the appearance of the product is not materially affected.

"Loose extraneous material" means any salt, kernel pieces, and shell pieces which will pass through a 3/32 inch square opening. This term shall apply to Styles I, II, III, IV, and V only.

"Major defect" means any defect or combination of defects which seriously detracts from the appearance or eating quality of the macadamia nuts. The following defects shall be considered major defects:

(1) Adhering shell, when any of the following conditions exists on a kernel:

(A) Shell specks which seriously affect the appearance or eating quality of the nut;

(B) Any shell piece that exceeds an area 1/16 inch in diameter; or

(2) Blemish, when any of the following conditions exists on a kernel:

(A) Any dark brown or black spot, or an aggregate of such spots within a one-half inch area, which exceeds an area 1/16 inch in diameter;

(B) Any markedly discolored spot, or an aggregate of such spots within a one-half inch area, which exceeds an area one-eighth inch in diameter;

(C) Any prominent spot encircled by a reddish brown line, or an aggregate of such spots within a one-half inch area, which exceeds an area 3/16 inch in diameter; or

(D) Speckles that seriously affect appearance;

(3) Dark center, when the naturally exposed kernel center is markedly darker than the remainder of the affected kernel; and

(4) Shriveling, when the kernel is moderately wrinkled or shriveled.

"Minor defect" means any defect or combination of defects which materially detracts from the appearance or eating quality of the macadamia nuts. The following defects shall be considered minor defects:

(1) Adhering shell, when any of the following conditions exists on a kernel:

(A) Shell specks that affect the appearance or eating quality of the nut more than slightly; or

(B) Any shell piece that exceeds 1/32 inch both in length and width;

(2) Blemish, when any of the following conditions exists on a kernel:

(A) Any spot that is markedly discolored;

(B) Any spot that is more than slightly discolored and exceeds an area 3/32 inch in diameter;

(D) A markedly discolored ring; or

(E) Speckles that affect appearance more than slightly;

(3) Dark center, when the naturally exposed kernel center is more than slightly darker than the remainder of the affected kernel; and

(4) Shriveling, when the kernel is appreciably wrinkled or shriveled.

"Moisture content" means the moisture content of a composite sample of kernels. The moisture content shall be determined with an instrument that has been correlated with the vacuum oven method of determining per cent moisture. The per cent moisture shall be calculated by the formula X minus Y divided by X and the resulting quotient multiplied by one hundred, with X representing the weight of the kernels before drying and Y representing the weight of the kernels after drying.

"Normal flavor and odor" means the kernel has a flavor and odor that are characteristic of well developed, properly roasted macadamia nuts and is free from bitterness, rancidity, and any other objectionable flavor or odor. Occasional units which do not meet the foregoing requirements may be permitted, provided that these units do not appreciably affect the eating quality of the product.

"Practically free from defects" means the following for the respective styles:

(1) Styles I, II, III, IV, and V shall have not more than eight per cent total defects, including not more than two per cent major defects, not more than two per cent loose extraneous material, and no critical defects; and

(2) For Styles VI, VII, and VIII, the appearance or eating quality of the product shall not be more than slightly affected by any defect or combination of defects.

"Reasonably free from defects" means the following for the respective styles:

(1) Styles I, II, III, IV, and V shall have not more than fifteen per cent major defects, not more than three per cent loose extraneous material, and no critical defects; and

(2) For Styles VI, VII, and VIII, the appearance or eating quality of the product shall not be more than materially affected by any defect or combination of defects.

"Reasonably good color" means the kernel color is reasonably typical and characteristic of mature macadamia nuts and of the roasting process employed; that any variation in shade of color within the mass or within a unit may be marked; and a discolored ring may be present, provided that the appearance of the product is not seriously affected.

"Reasonably normal flavor and odor" means the kernel has a flavor and odor that are reasonably characteristic of well developed, properly roasted macadamia nuts and is free of bitterness, rancidity, and any other objectionable flavor or odor. Occasional units which do not meet the foregoing requirements may be permitted, provided that these units do not affect the eating quality of the product more than appreciably.

"Reasonably uniform in size and type" means the following for the respective styles:

(1) Style I (wholes) shall consist of at least eighty per cent whole kernels with the remaining units of such size that not more than two per cent will pass through a one-fourth inch square opening;

(2) Style II (wholes and halves) shall consist of at least thirty-five per cent whole kernels with the remaining units of such size that not more than five per cent will pass through a 5/16 inch square opening;

(3) Style III (cocktail) shall consist of at least seventy-five per cent half and larger kernels, included therein at least fifteen per cent whole kernels, with the remaining units of such size that not more than five per cent will pass through a one-fourth inch square opening;

(4) Style IV (halves and pieces) shall consist of at least thirty-five per cent half kernels with the remaining units of such size that not more than five per cent will pass through a one-fourth inch square opening and not more than ten per cent are larger than half kernels;

(5) Style V (large diced) shall consist of units which are smaller than half kernels but of such size that not more than fifteen per cent will pass through a 5/16 inch by one inch opening, included therein not more than five per cent that will pass through a 3/32 inch square opening;

(6) Style VI (chips) shall consist of units of such size that at least eighty per cent will pass through a 5/16 inch by one inch opening but not more than five per cent will pass through a 3/32 inch square opening;

(7) Style VII (bits, diced) shall consist of units which are smaller than half kernels and of such size that at least eighty per cent will pass through a 5/16 inch square opening, but not more than fifteen per cent will pass through a 3/32 inch square opening; and

(8) Style VIII (fines) shall consist of units of such size that all the units will pass through a one-fourth inch square opening and at least seventy per cent will also pass through a 3/32 inch square opening.

"Roasted macadamia nuts" means the product prepared from the shelled nut of the macadamia tree, which may be roasted plain or in edible oil, either salted or unsalted, and may contain suitable preservatives and other ingredients permitted under the Food, Drug, and Cosmetic Act, Title 21, United States Code.

"Uniform in size and type" means the following for the respective styles:

(1) Style I (wholes) shall consist of not less than ninety per cent whole kernels with the remaining units of such size that not more than one per cent will pass through a one-fourth inch square opening;

(2) Style II (wholes and halves) shall consist of at least fifty per cent whole kernels with the remaining units of such size that not more than two per cent will pass through a 5/16 inch square opening;

(3) Style III (cocktail) shall consist of at least ninety per cent half and larger kernels, included therein at least twenty-five per cent whole kernels, with the remaining units of such size that not more than two per cent will pass through a one-fourth inch square opening;

(4) Style IV (halves and pieces) shall consist of at least fifty per cent half kernels with the remaining units of such size that not more than two per cent will pass through a one-fourth inch square opening and not more than five per cent are larger than half kernels;

(5) Style V (large diced) shall consist of units which are smaller than half kernels but of such size that not more than five per cent will pass through a 5/16 inch by one inch opening, included therein not more than two per cent that will pass through a 3/32 inch square opening;

(6) Style VI (chips) shall consist of units of such size that at least ninety-five per cent will pass through a 5/16 inch by one inch opening but not more than two per cent will pass through a 3/32 inch square opening;

(7) Style VII (bits, diced) shall consist of units which are smaller than half kernels and of such size that at least ninety-five per cent will pass through a 5/16 inch square opening but not more than ten per cent will pass through a 3/32 inch square opening; and

(8) Style VIII (fines) shall consist of units of such size that all the units will pass through a one-fourth inch square opening and at least eighty per cent will also pass through a 3/32 inch square opening.

(b) Styles of roasted macadamia nuts shall consist of the following:

(1) Style I (wholes) shall consist of whole kernels;

(2) Style II (wholes and halves) shall consist of whole kernels and half kernels;

(3) Style III (cocktail) shall consist of a combination of whole kernels, half kernels, and portions of kernels of such size that the units will not pass through a one-fourth inch square opening;

(4) Style IV (halves and pieces) shall consist of half kernels and portions of half kernels of such size that the units will not pass through a one-fourth inch square opening;

(5) Style V (large diced) shall consist of units which are smaller than half kernels and of such size that the units will not pass through a 5/16 inch by one inch opening;

(6) Style VI (chips) shall consist of portions of kernels of such size that the units will pass through a 5/16 inch by one inch opening but not through a 3/32 inch square opening;

(7) Style VII (bits, diced) shall consist of units which are smaller than half kernels and of such size that the units will pass through a 5/16 inch square opening but not through a 3/32 inch square opening; and

(8) Style VIII (fines) shall consist of broken, chipped, or chopped kernels of such size that the units will pass through a one-fourth inch square opening and most will also pass through a 3/32 inch square opening.

(c) Hawaii Grade A or Hawaii Fancy roasted macadamia nuts shall consist of roasted macadamia nuts that possess a normal flavor and odor, good color, and a moisture content of not more than one and one-half per cent, by weight; and that are crisp for the applicable style, uniform in size and type, practically free from defects, and score not less than ninety points by the scoring system in subsection (f).

(d) Hawaii Grade B or Hawaii Choice roasted macadamia nuts shall consist of roasted macadamia nuts that possess a reasonably normal flavor and odor, reasonably good color, and a moisture content of not more than one and one-half per cent, by weight; and that are crisp for the applicable style, reasonably uniform in size and type, reasonably free from defects, and score not less than eighty points by the scoring system in subsection (f).

(e) Substandard roasted macadamia nuts shall consist of roasted macadamia nuts which fail to meet the requirements of subsections (c) and (d).

(f) The grade of roasted macadamia nuts shall be ascertained by factors of quality which are not scored (i.e., flavor and odor, crispness, and moisture content) and also by factors which are scored. The importance of each quality factor which is scored shall be expressed numerically on the scale of one hundred. The maximum number of points which may be given to specific quality factors shall be forty points for color, thirty points for uniformity of size and type, and thirty points for absence of defects. Roasted macadamia nuts which fall into a particular classification for any quality factor shall not be assigned a grade indicative of a higher classification regardless of the total score for the product. The following quality classifications shall apply to roasted macadamia nuts:

(1) Color classifications shall be as follows:

(A) Roasted macadamia nuts that possess a good color may be given a score of thirty-six to forty points and shall be classified as fancy;

(B) Roasted macadamia nuts that possess a reasonably good color may be given a score of thirty to thirty-five points and shall be classified as choice; and

(C) Roasted macadamia nuts that fail to meet the requirements of subparagraphs (A) and (B) may be given a score of zero to twenty-nine points and shall be classified as substandard;

(2) Uniformity of size and type classifications shall be as follows:

(A) Roasted macadamia nuts that are uniform in size and type may be given a score of twenty-seven to thirty points and shall be classified as fancy;

(B) Roasted macadamia nuts that are reasonably uniform in size and type may be given a score of twenty-five or twenty-six points and shall be classified as choice; and

(C) Roasted macadamia nuts that fail to meet the requirements of subparagraphs (A) and (B) may be given a score of zero to twenty-four points and shall be classified as substandard; and

(3) Absence of defects classifications shall be as follows:

(A) Roasted macadamia nuts that are practically free from defects may be given a score of twenty-seven to thirty points and shall be classified as fancy;

(B) Roasted macadamia nuts that are reasonably free from defects may be given a score of twenty-five or twenty-six points and shall be classified as choice; and

(C) Roasted macadamia nuts that fail to meet the requirements of subparagraphs (A) and (B) may be given a score of zero to twenty-four points and shall be classified as substandard.

(g) Grade determination and lot compliance procedures shall be as follows:

(1) Compliance with grade standards for roasted macadamia nuts shall be determined by evaluating the product, or sample, in accordance with the requirements of those standards; and

(2) The grade assigned to a lot shall be the grade indicated by the average of the total scores of the respective sample units, provided:

(A) The sample complies with the product description;

(B) The sample meets the indicated grade with respect to factors of quality which are not rated by score points;

(i) None of the sample units falls more than one grade below the indicated grade because of any quality factor to which a limiting rule applies;

(ii) None of the sample units falls more than four score points below the minimum total score for the indicated grade; and

(iii) The number of deviants (sample units which fall into the next grade below the indicated grade but do not score more than four score points below the minimum total score for the indicated grade) does not exceed the applicable acceptance number in the sampling plans;

(D) If any of the provisions contained in the requirements of subparagraphs (B) and (C) are not met, the grade shall be determined by considering the provisions in connection with succeedingly lower grades until the grade of the lot, if assignable, is established; and

(E) When it is determined that a portion of a lot bearing a particular identification mark is of lower quality or deficient in other factors, the grade or compliance of the lot shall be no higher than that of the portion bearing the particular identification mark.

History

[Eff 5/29/81; am 8/18/83; am and comp 3/42/86] (Auth: HRS § 147-57) (Imp: HRS §§ 147-52 and 147-53)

Haw. Code R. § 4-44-14 Minimum export requirement for processed products

The following minimum requirements shall apply to Hawaii-grown processed fruits and vegetables which are exported, intended for export, or otherwise destined for shipment by commercial exporters to points outside the State:

(1) Canned guava nectar for export shall meet the requirements of Hawaii Standard;

(2) Frozen guava nectar base for export shall meet the requirements of Hawaii Choice;

(3) Frozen guava puree for export shall meet the requirements of Hawaii Choice;

(4) Canned papaya nectar for export shall meet the requirements of Hawaii Standard;

(5) Canned papaya-passion fruit nectar blend for export shall meet the requirements of Hawaii Standard;

(6) Frozen papaya puree for export shall meet the requirements of Hawaii Choice;

(7) Canned passion fruit nectar for export shall meet the requirements of Hawaii Standard;

(8) Frozen passion fruit juice for export shall meet the requirements of Hawaii Choice;

(9) Frozen passion fruit nectar base for export shall meet the requirements for Hawaii Choice;

(10) Fruit preserves and jelly for export shall meet the requirements of U.S. Grade B or U.S. Choice; and

(11) Roasted macadamia nuts for export shall meet the requirements of Hawaii Choice.

History

[Eff 5/29/81; am and comp 3/24/86] (Auth: HRS § 147-22) (Imp: HRS § 147-22)

Haw. Code R. § 4-44-15 Product certification inspection

(a) Any processor, buyer, or other financially interested party may apply for a product certification inspection with the department.

(b) The fee for any product certification inspection shall be at the rate established by the Agricultural Marketing Service, United States Department of Agriculture. Additional charges may be assessed for transportation, travel time, per diem, and other actual expenses incurred by the department.

History

[Eff 5/29/81; am 8/18/83; am and comp 3/24/86; am OCT 05 2002] (Auth: HRS § 147-57) (Imp: HRS § 147-57)

Haw. Code R. § 4-44-16 Appeal inspection

(a) An application for an appeal inspection may be made by any interested party dissatisfied with the findings of the original inspection.

(b) If the result of the appeal inspection substantiates the result of the original inspection, the fees and charges in section 4-44-15(b) and (c) shall apply to the appeal inspection.

(c) If the result of the appeal inspection discloses that a material error was made in the original inspection, no fees or charges shall be assessed for the appeal inspection.

History

[Eff 8/18/83; am and comp 3/24/86] (Auth: HRS § 147-60) (Imp: HRS § 147-60)

Haw. Code R. § 4-44-17 Provisions for enforcement

Any authorized inspector of the department may enter any public or private premises during business hours to determine whether any processed product is in compliance with the provisions of this chapter.

History

[Eff 8/18/83; am and comp 3/24/86] (Auth: HRS § 147-57) (Imp: HRS § 147-57)

Haw. Code R. § 4-44-18 Penalties

Any person who violates any provision of this chapter may be subject to the actions, procedures, and penalties provided in sections 147-25 and 147-63, Hawaii Revised Statutes.

History

[Eff 1/16/84; ren and comp 3/24/86] (Auth: HRS §§ 147-22 and 147-63) (Imp: HRS §§ 147-25 and 147-63)

Chapter 45 FEED

Subchapter 1 GENERAL PROVISIONS

Haw. Code R. § 4-45-1 Definition

(a) For the purpose of enforcing chapter 144, Hawaii Revised Statutes:

"Other domestic pets" means animals other than those raised or used for commercial production of food fiber, or labor,

(b) As used in this chapter:

"Board" means the board of agriculture.

"Department" means the department of agriculture. State of Hawaii.

"Dried pineapple pulp" means the dried peel, butts, tops, residue of inside portions of the fruit, and leaves of pineapple. The term may be used as an official name.

"Dried poultry litter (DPL)" means a processed poultry waste product composed of a processed combination of feces from poultry together with litter that was present in the floor production of poultry, which has been thermally dehydrated to a moisture content not in excess of twelve per cent. The term may be used as an official name.

"Dried poultry waste (DPW)" means a processed poultry waste product composed of feces from commercial poultry, which has been thermally dehydrated to a moisture content not in excess of twelve per cent. The term may be used as an official name.

"Dried sugar cane bagasse" means the dried portions of crushed sugar cane stalks from which the juice has been pressed out. The term may be used as an official name.

"Federal Food and Drug Administration" means the Food and Drug Administration of the United States Department of Health and Human Services.

"Final user" means a ranch, feed lot, consumer, or agricultural cooperative that purchases feed for its own use.

"Inert mineral matter" means mineral matter that does not contribute dietary factors.

"Lot" means a collection of units of a product from which an official sample is drawn, inspected, and analyzed to determine compliance with label guarantees; provided that for the purposes of determining assessment for variation from guaranteed analysis and mislabeling, as provided in section 4-45-18(d), a lot shall not exceed twenty-five tons .

"Materially damaged feed" means any feed which has been damaged by any chemical substance, smoke, insect, water, or other foreign material, but is still of feedable quality.

"Official sample" means any sample of feed taken by the department or its agent and designated as official by the department; provided that samples taken in a restricted manner shall not be considered as official samples.

"Official methods of sampling and analysis" means the methods of sampling and analysis as set forth in "Official Methods of Analysis of AOAC International, 17th Edition, 2000, Volumes I and II" or other methods designated by the board in specific cases.

"Pineapple hay" means the coarse chopped or coarse cut vegetative portion, consisting chiefly" of leaves, of the pineapple plant which has been artificially or otherwise dried and is reasonably free from other crop plants, weeds, soil, or other foreign material. The term may be used as an official name.

"Processed animal waste derivative" means a product resulting from the chemical, physical, or microbiological alteration of an animal waste, which has been thermally dehydrated to a moisture content not in excess of twelve percent. The term may be used as an official name.

"Processed animal waste product" means a product composed of excreta, with or without litter and animal drugs, from poultry, ruminants, or any other animal except humans, which has been artificially dehydrated, dry stacked, ensiled, oxidized, chemically treated, microbiologically digested, chemically or physically fractionated, or treated by other processes which will enable the product to comply with the standards in this chapter. Processed animal waste products shall be considered simple feeds. The term may be used as an official name.

"Restricted sample" means a sample that has been drawn from a lot in which every portion is not accessible for sampling.

"Selling price" means the most recent published list price before discount, F.O.B. plant for local manufactured products and the most recent list price landed Hawaii dock for imported products.

"Sliding seals method" means representing a value by a range or by two values separated by a hyphen.

"Sugar cane hay" means the coarse chopped or coarse cut reclaimed portions of unburnt leaves, immature top portions of the sugar cane stalk, .and other small quantities of sugar cane stalks which have been artificially or otherwise dried. There shall be no admixture of burnt leaves except in such amount as might unavoidably occur in good factory practice. It shall be reasonably free from other crop plants, weeds, soil, or other foreign material. The term may be used as an official name.

History

[Eff 5/29/81; am and comp 1/16/84; am and comp 3/24/86; am 11/17/86; am 5/26/92; am OCT 05 2002 (Auth: HRS § 144-10) (Imp: HRS § 144-10)

Haw. Code R. § 4-45-2 Brand and product names

(a) If the brand or product name indicates the feed is made for a specific user the character of the feed must conform to this use.

(b) Commercial/ registered brand, or trade names are not permitted in guaranteed or ingredient listings.

(c) A brand or product name of a commercial mixed feed shall not be derived from one or more ingredients of the mixture to the exclusion of other ingredients, unless all ingredients are included in the name; except as otherwise provided in subsections (d) and (e), section 4-45-12, or chapter 144, Hawaii Revised Statutes.

(d) The word "vitamin" or a contraction of any word suggesting vitamin can be used only in the brand name of a feed which is represented to be a vitamin supplement and is labeled with the minimum content of each vitamin declared, as specified in section 4-45-3(d).

(e) The term "mineralized" shall not be used in the brand name of a feed, except for the term "trace mineralized salt". When used, the product must contain significant amounts of trace minerals which are recognized as essential for animal nutrition.

(f) When the brand name carries an unqualified percentage value, the value shall be understood to signify protein content. When a percentage value in the brand name is intended to represent the amount of any other component, the value shall be followed by a proper description.

History

[Eff 5/29/81; and comp 1/16/84; am and MAR 24 1986] (Auth: HRS § 144-10) (Imp: HRS § 144-4)

Haw. Code R. § 4-45-3 Expression of guarantees

(a) The sliding-scale method of expressing guarantees is prohibited, except as provided by chapter 144, Hawaii Revised Statutes, or this chapter.

(b) The guaranteed analysis of commercial" feed shall list:

1. The minimum percentage of crude protein;

2. The minimum percentage of crude fat; and

3. The maximum percentage of crude fiber;

except that products sold solely as mineral and vitamin supplements and guaranteed as specified in subsections (d) and (e) need not show guarantees for protein, fat, and fiber, but must be labeled with adequate feeding or mixing directions.

(c) Drugs in commercial, custom-mixed, and toll-milled feeds shall be guaranteed in terms of percentage by weight, except that when antibiotics are present at less than two thousand grams per ton of feed, the antibiotics shall be guaranteed in terms of grams per ton of feed, or when present at two thousand grams per ton or more, the antibiotics shall be guaranteed in terms of grams per pound of feed.

(d) Vitamins., when quantitatively guaranteed, shall be expressed in milligrams per pound of feed, except that vitamin A, other than precursors of vitamin A, shall be stated in International or USP units per pound; vitamin D, in products offered for poultry feeding, shall be stated in International Chick Units per pound; vitamin D for other uses shall be stated in International or USP units per pound? and vitamin E shall be stated in International or USP units per pound of feed.

(e) Commercial feeds containing six and one-half per cent or more mineral element shall include in the guaranteed analysis the minimum and maximum percentages of calcium (Ca) and of salt (NaCl), and the minimum percentage of phosphorus (P) and of iodine (I), if added. Minerals except salt (NaCl), when quantitatively guaranteed, shall be stated in terms of per cent of the element.

(f) Other substances or elements may be guaranteed by permission of the department.

History

[Eff 5/29/81; comp 1/16/84; comp 3/24/86; am OCT 05 2002 ] (Auth: HRS § 144-10) (Imp: HRS § 144-4)

Haw. Code R. § 4-45-4 Registration

(a) Registration of commercial feeds shall be the responsibility of the local manufacturer, importer, or distributor.

(b) Application for registration shall be submitted in duplicate on forms furnished by the department on request from the applicant or available on the department's internet web site and shall be accompanied by two labels for each feed to be registered.

(c) A registration fee of $30 shall be paid for each commercial feed registered, except when subject to the exemption under subsection (i).

(d) Registration shall become effective on the date the certificate of registration is issued and shall continue in effect as long as the feed is sold in the State and there have been no major changes to the label submitted with the application for registration.

(e) Registration of a commercial feed shall expire when it has not been sold in the State for twelve consecutive quarters, as evidenced by no reported sales of that commercial feed on the tonnage reports required under section 4-45-5. A registrant may also withdraw the registration of a commercial feed in writing to the department.

(f) When payments for fees or penalties covered by this chapter are by check, a service fee shall be assessed for each check that is not honored.

(g) Notice shall be given to the department of any proposed change in the format or contents of the label for any feed registered with the department. The registrant shall describe the changes desired and shall submit an application for registration with two copies of the revised label. Before a revised label is approved by the department, the product shall not be marketed with the revised label. After the date the change in labeling is approved by the department, the product shall be marketed only under the revised label, except that a reasonable time may be permitted by the department to dispose of or to utilize the old labels.

(h) Any change to the information required on the label or a registered feed in section 144-4, Hawaii Revised Statutes, or this chapter, shall constitute a major change and require a new registration of the feed and payment of the registration fee, except for the following if the change does not result in a lowering of the feeding value of the registered feed for its designed purpose:

(1) A change to the ingredients or the order of predominance of ingredients in the ingredient statement; and

(2) A change to a guarantee of less than ten per cent of the guarantee in the original registration.

(i) Any trial shipment of a commercial feed in lot size not exceeding two hundred and fifty pounds may be exempt from the registration fee requirement in subsection (c) on a one time basis. Any subsequent shipment, regardless of lot size, shall be subject to the registration fee. Two labels shall be submitted to the department for each feed distributed on a trial basis. When requested, the distributor shall provide proof that any unsold feed in storage is part of the initial trial shipment.

(j) The department, upon receipt and review of a registration of a commercial feed or a request to change the label of a registered commercial feed, shall issue either of the following to the registrant, no later than ten working days from the date of receipt:

(1) The approved registration of a commercial feed or the approved change to the label of a registered commercial feed, if the application for registration or request to change the label of a registered commercial feed is properly completed and includes any fees, penalties, or other supplemental information required by chapter 144, Hawaii Revised Statutes, or this chapter; or

(2) A written statement that the registration or change to the label of a registered commercial feed is denied and an explanation of the reason for the denial.

History

[Eff 5/29/81; am and comp 1/16/84; am and comp 3/24/86; am OCT 05 2002] (Auth: HRS § 144-10) (Imp: HRS § 144-3)

Haw. Code R. § 4-45-5 Tonnage reports

(a) An accurate quarterly tonnage report shall be submitted to the department by the following:

(1) Local feed manufacturers and distributors who sell feeds to feed stores and final users;

(2) Feed stores that import feeds for resale to final users; and

(3) Final users who import feeds for their own use.

(b) The tonnage report shall shows:

(1) For registered contjnercial feeds, each registered brand or product name and registration number separately and the respective tonnage;

(2) For feeds not required to be registered, the name or identity of each feed and the tonnage; and

(3) The applicable inspection fees required in section 4-45-6.

(d) The department, after notice and opportunity for hearing, may cancel the registration of any commercial feed of any distributor or importer who fails to file a tonnage report within the time required by section 144-5(b)(l), Hawaii Revised Statutes.

History

[Eff 5/29/81; am and comp 1/16/84; am and comp MAR 24 1986] (Auth: HRS § 144-10) (Imp: HRS § 144-5)

Haw. Code R. § 4-45-6 Inspection fees

(a) An inspection fee of 40 cents per ton of feed shall be paid to the department; except that an inspection fee of 20 cents per ton shall be paid for the following:

(1) Feeds included in section 144-2(6) (A), (B), (D), and (E), Hawaii Revised statutes; and

(2) Toll-milled feeds.

(b) Local manufacturers, distributors, and importers of feeds shall be responsible for the payment of inspection fees.

(c) Where the local distributor or importer fails to pay the inspection fee on the basis that payment has been made by another local party, the distributor or importer shall indicate the name and address of the other party in the tonnage report..

(d) The department, after notice and opportunity for hearing, may cancel the registration of any commercial feed of any distributor or importer who fails or neglects to make payment of inspection fees within the time provided in section 144-5(b) (l), Hawaii Revised Statutes.

(e) Inspection fees which have not been remitted to the department within thirty days following the due date specified in section 144-5(b) (l), Hawaii Revised Statutes, shall have a penalty fee of ten per cent added to the amount due when payment is finally made.

(f) Inspection fees totalling less than one dollar for any quarterly period specified in section 144-5(b) (I), Hawaii Revised statutes, may be waived.

History

[Eff 5/23/81; am and comp 1/16/84; am and comp 3/24/86; am OCT 05 2002 ] (Auth: HRS § 144-10) (Imp: HRS § 144-5)

Haw. Code R. § 4-45-7 Labeling

(a) The labeling information required by section 144-4, Hawaii Revised Statutes, shall appear in its entirety on one side of the label or container. The information shall not be subordinated or obscured by other statements or designs.

(b) No advertising matter of any kind shall be printed on the label.

(1) When pre-packaged commercial feed of twenty-five pounds or more is distributed, it shall be accompanied by a legible label bearing the information required by section 144-4, Hawaii Revised Statutes; or

(2) All pre-packaged commercial feed of less than twenty-five pounds shall show the brand or product name and net weight. The information shall either be stenciled or printed on the package in bold type letters of not less than three-eighths inch in height. The guaranteed analysis, the ingredient statement, and the name and principal address of the manufacturer or distributor need not be shown on a pre-packaged container of less than twenty-five pounds, provided that the label from the original container bearing the information required by section, 144-4, Hawaii Revised Statutes, is conspicuously displayed in front of the pre-packaged container in full view of the prospective purchaser.

History

[Eff 5/29/81; am and comp 1/16/84; am and comp MAR 24 1986] (Auth: HRS § 144-10) (Imp; HRS § 144-4)

Haw. Code R. § 4-45-8 Ingredient statement of label

(a) Each ingredient shall be specifically named in the ingredient statement except that collective terms may be used in lieu of ingredients listed under the defined group, when two or more of the ingredients listed for the collective name are present.

(b) The name of each ingredient shall be one defined as an official name, the common or usual name, or one approved by the department.

(c) Collective terms for grouping of ingredients shall be those defined as official names and may be used in lieu of individual ingredients; provided that:

(1) When the collective term for a group of ingredients is used on the label, individual ingredients within that group shall not be listed on the label;

(2) The collective terms shall be used only in the ingredient statement;

(3) The registrant, at time of registration, shall provide the department with an actual list of individual ingredients within the defined group that are used or have been, used in manufacturing the feed;

(4) The registrant shall, upon request, provide the feed purchaser and the department with a written list of ingredients in their order of predominance by weight; and

(5) Collective terms are not designed to imply equivalent nutritional value and refer only to a general classification of ingredient origin.

(d) The ingredients of mixed feeds shall be listed on the label substantially in the order of predominance by weight.

(e) The term "dehydrated" may precede the name of any product that has been artificially dried.

(f) No reference to quality or grade of an ingredient shall appear in the ingredient statement.

(g) The names of all ingredients in the ingredient statement shall be shown in letters of the same size.

(h) A single ingredient product, with a brand or product name which is an official name, is not required to have an ingredient statement.

History

[Eff 5/29/81; comp 1/16/84, comp MAR 24 1986] (Auth: HRS § 144-10) (Imp: HRS § 144-4)

Haw. Code R. § 4-45-9 Minerals

(a) When the word "iodized" is used in connection with a feed ingredient, the ingredient shall not contain less than 0.007 per cent iodine, uniformly distributed.

(b) Mineral phosphatic materials for feeding purposes shall be labeled with a guarantee for the minimum percentages of calcium and phosphorus, and the maximum percentage of fluorine.

(c) The fluorine content of any mineral or mineral mixture to be used directly for the feeding of domestic animals shall not exceed 0.30 per cent for cattle; 0.35 per cent for sheep; 0.45 per cent for swine; and 0.60 per cent for poultry.

(d) Soft phosphate with colloidal clay, rock phosphates, or other fluorine-bearing ingredients may be used only in such amounts that will not raise the fluorine concentration of the total grain ration above the following amounts: 0.009 per cent for cattle; 0.01 per cent for sheep; 0.014 per cent for swine; and 0.035 per cent for poultry.

History

[Eff 5/29/81; comp 1/16/84, comp MAR 24 1986] (Auth: HRS § 144-10) (Imp: HRS § 144-4)

Haw. Code R. § 4-45-10 Non-protein nitrogen

(a) Urea and other non-prote in nitrogen products with official names are acceptable ingredients in commercial feeds for ruminant animals, but shall not be used in commercial feeds for other animals and birds as sources of equivalent crude protein.

(b) The maximum percentage of equivalent crude protein from added non-protein nitrogen shall appear immediately below the guarantee of total crude protein,

(d) If the commercial feed contains more than eight and three-fourths per cent of equivalent crude protein from the added non-protein nitrogen, or if the equivalent crude protein from the added non-protein nitrogen exceeds one-third of the total crude protein, the label shall bear:

(1) A statement for proper usage; and

(2) The following statement in type of such conspicuousness as to render it likely to be read and understood under customary conditions of purchase and use, "WARNING: This feed shall be used only in accordance with directions furnished on the label."

(e) In the case of medicated feed labels, where adequate feeding directions or warning statements appear on the label, the warning statement in subsection (d) (2) shall not be required.

History

[Eff 5/29/81; am and comp 1/16/84; comp MAR 24 1986] (Auth: HRS § 144-10) (Imp: HRS § 144-6)

Haw. Code R. § 4-45-11 Artificial color

(a) No artificial color may be used in feeds unless the color has been proven to be harmless to animals and meets the provisions of the Code of Federal Regulations specified in section 4-45-26(2), (3),(4), and (5).

(b) Mo material shall be used to enhance the natural color of a feed or feed ingredient whereby inferiority would be concealed.

History

[Eff 5/29/81; comp 1/16/84; am and comp MAR 24 1986] (Auth: HRS § 144-10) (Imp: HRS § 144-6)

Haw. Code R. § 4-45-12 Drugs, food additives, and other ingredients

Before registration is accepted for a commercial feed which contains drugs, food additives, or other ingredients potentially harmful to animals, the distributor may be required to:

(1) Submit evidence to show the safety of the feed when used according to the directions furnished with the feed;

(2) Furnish a written statement that adequate written or printed warnings and feeding directions shall accompany each delivery of the feed; and

(3) State the percentages of the drugs, food additives, or other ingredients in a prominent place on the label of the feed.

History

[Eff 5/29/81; comp 1/16/84; comp MAR 24 1986] (Auth: HRS § 144-10) (Imp- HRS §§ 144-4 and 144-6)

Haw. Code R. § 4-45-13 Net weight

(a) Each package of feed shall show the net weight of the feed in the package, either stenciled or printed on the bag or on a tag attached to the bag.

(b) The net weight of feed distributed in bulk shall be shown on the invoice or tag which is to accompany delivery.

History

[Eff 5/29/81; comp 1/16/84; am and comp MAR 24 1986] (Auth: HRS § 144-10) (Imp: HRS § 144-4)

Haw. Code R. § 4-45-14 Materially damaged feed

(a) No person shall distribute any materially damaged feed unless the containers are marked in bold type letters of not less than two inches in height and not less than one inch in width with the word "DAMAGED" on the side of the container on which the brand name appears, or if the brand name does not appear on the container, on both sides of the container.

(b) Feed identified with the word "DAMAGED" may be distributed directly to final users only.

History

[Eff 5/29/81; comp 1/16/84; comp MAR 24 1986] (Auth: HRS § 144-10) (Imp: HRS § 144-10)

Haw. Code R. § 4-45-15 Metal fasteners for feed bag

It shall be unlawful for any person to distribute any commercial simple feed, commercial mixed feed, or custom-mixed feed, or prepare for delivery any toll-milled feed, in any bag to which any label has been attached by a hook, snap, or other fastener or device made of metal.

History

[Eff 5/29/81; comp 1/16/84; comp MAR 24 1986] (Auth: HRS § 144-10) (Imp: HRS § 144-10)

Haw. Code R. § 4-45-16 Certification of feeds

(a) Any financially interested party may request an inspection, certification, or analysis of any commercial feed by the department.

(b) The fee for any inspection, certification, or analysis shall be $31.00 per hour for regular time and $46.50 per hour for overtime for time required to perform the service. Additional charges may be made for transportation, travel time, per diem, travel expenses, and other actual expenses incurred by the department.

(c) Nothing in this chapter shall be construed as requiring the department or any of its agents to render the services authorized under subsection (a).

History

(Eff 5/29/81; am and comp 1/16/84; am and comp 3/24/86; am OCT 05 2002 ] (Auth: HRS § 144-10) (Imp: HRS § 144-10)

Haw. Code R. § 4-45-17 Provisions for enforcement, penalties, and prosecution

(a) Any authorized officer of the department may enter any public or private premises, including any vehicle of transport during business hoursr in order to gain access to feeds and to records relating to the distribution and mixing of these feeds at any time and place to the extent necessary to determine whether such feeds and records are in compliance with the provisions of chapter 144, Hawaii Revised Statutes, and this chapter.

(b) All costs and expenses incurred by the department in any proceedings associated with the condemnation, seizure, and confiscation of any feed shall be paid by the claimant.

(d) The appropriate proceedings to enjoin the continuance of any act or omission in violation of the provisions of this chapter may be brought.

(e) Any person who violates this chapter may be administratively assessed, after notice and opportunity for hearing, a penalty not to exceed $1,000 for each violation. Each day or instance of violation shall constitute a separate offense. Any action taken to impose the penalty provided for in this subsection shall be considered an administrative action. This subsection shall not apply to violations covered under section 4-45-18(c).

(f) The penalties and remedies provided in this section with respect to any violation of this chapter shall not be deemed exclusive of each other or of other penalties provided or allowed by law with respect to any such violation.

History

[Eff 5/29/81; comp 1/16/84; comp MAR 24 1986] (Auth: HRS § 144-10) (Imp: HRS § 144-9, 144-10, 144-11, and 144-12)

Haw. Code R. § 4-45-18 Sampling, analysis, and penalties

(a) Unless the board designates otherwise in specific cases, the method of sampling and analysis shall be as set forth in "official Methods of analysis of the the Association of Official Analytical chemist".

(b) The results of all analyses of official samples shall be forwarded by the department to the person who registered the commercial feed and to the' owners of the feed from which the sample had been drawn.

(1) If the analysis of a sample shows a deviation from permitted analytical variations as provided in "Table I. Tolerances To Be Applied to Sample Results From Bulk Lots 8/1/80" or "Table II, Tolerances/To Be Applied To Sample Results From Baggad Lots 3/1/80 located at the end of this chapter, the registrant shall be penalized as follows:

(A) Penalty assessments for deficiencies in crude protein shall be based on the relative percentage of deviation from guarantee which shall be calculated by subtracting the assayed percentage from the guaranteed percentage and dividing the result by the guaranteed percentage. Penalty assessments for class A violations shall be equal to the selling price of the liar times the relative percentage of deviation from guarantee. Penalty assessments for class B violations snail be equal to twice the selling price of the lot times the relative percentage of deviation from guarantee;

(B) Penalty .assessments for deficiencies in crude fat shall be five percent of the selling price of the lot for class A violations and ten percent for class B violations; and

(C) Penalty assessments for excessiveness in crude fiber and ash shall be rive per gent of the selling price of the lot for Class A violations and ten per cant for class B violations; and

(2) If the analysis of a sample shows a deviation from permitted analytical variations as provided in "Recommended Permitted Analytical Variations (PAV) Based on AAFCO Check Sample. Program" on pages 88 and 89, "Feed Control Drug Administration's Assay Control Limitations For Animal Drugs In Medicated Feeds" on pages 194 and 195, and "Food Control Drug Administration's Assay Control Limitations For Animal Drugs In Medicated Premixes on pages 196 and 197 of The Official Publication of the Association of American Feed Control Officials, incorporated, 1985, which is made a part of this chapter, the registrant shall be penalized as follows:

(A) Penalty assessments for either excessiveness or deficiencies in mineral content shall be ten percent of the spelling price of the lot;

(B) Penalty assessments for expressiveness of crude protein equivalent from non-protein nitrogen shall be ten percent of the selling price of the lot? and

(C) Penalty, assessments for excessiveness or deficiencies in animal drugs or other analysis shall be cent percent of the selling price of the lot.

(d) Penalties for multiple deficiencies within a sample shall be applied separately, provided that in no case shall the penalty exceed the selling price of the lot.

(e) The minimum penalty under this section shall be $25 or the selling price of the lot whichever is smaller.

(f) All assessments levied by the department under this section shall within sixty days from date of notice to the registrant, importer or distributor, be paid to the department to be deposited to the credit of the state general fund. Failure to pay the assessment shall be grounds for cancellation of All registrations of the registrant. It is the duty of the department to institute appropriate proceedings to recover the assessments.

(g) Penalty assessments under this section shall not apply to commercial simple feeds, commercial feeds manufactured or processed by a final user for its own account, or restricted samples.

(h) If the microscopic analysis reveals that any commercial mixed feed is mislabeled, the department may assess a penalty of ten per cent of the selling price of the lot against the registrant or distributor.

History

[Eff 5/29/81; am and comp 1/16/84; am and comp MAR 24 1986] (Auth: HRS § 144-10)(Imp: HRS § 144-9 and 144-10)

Subchapter 2 PROCESSED ANIMAL WASTE PRODUCTS

Haw. Code R. § 4-45-19 Registration

In addition to the requirements of section 4-45-4, applications for registration of processed animal waste products shall be accompanied by the following:

(1) A detailed description, on a form provided by the department, of:

(A) The facilities, equipment, and methods to be used in the processing, manufacturing, and testing of the processed animal waste product;

(B) The sampling schedule;

(D) The results of those tests, specified in section 4-45-22(c), purporting to show the processed animal waste product meets the standards of this chapter; and

(2) A sealed package of the processed animal waste product, containing at least two pounds of the product, together with the applicant's affidavit that the sample is representative of the processed animal waste product offered for registration.

History

[Eff 5/29/81; am and comp 1/16/84; comp 3/24/86; am NOV 17 1986] (Auth: HRS § 144-10) (Imp: § 144-3)

Haw. Code R. § 4-45-20 Registration refused or canceled

The registration of a processed animal waste product shall be refused or may be subject to cancellation if:

(1) The applicant or the processed animal waste product is determined to be in violation of chapter 144, Hawaii Revised Statutes, or this chapter;

(2) The processed animal waste product contains any pathogenic organism, drug residue, pesticide residue, harmful parasite, or other toxic or deleterious substance which:

(A) Exceed levels permitted by this chapter;

(B) May be harmful to animals; or

(3) The processed animal waste product does not meet the quality standards of section 4-45-21;

(4) The processed animal waste product is not labeled in compliance with section 4-45-24; or

(5) The applicant or registrant fails to perform the testing as specified in section 4-45-22, or to accurately maintain and display to officials of the department, upon demand, the records required in section 4-45-23.

History

[Eff 5/29/81; am and comp 1/16/84; am and comp 3/24/86 ; am NOV 17 1968] (Auth: HRS § 144-10) (Imp: HRS §§ 144-3 and 144-6)

Haw. Code R. § 4-45-21 Quality standards

(a) No processed animal waste product shall contain:

(1) Any extraneous material such as, but not limited to, metal, glass, wire, or nails;

(2) Any heavy metal, provided that the following tolerances are permitted arsenic, three and one-half parts-per-million; lead, seven parts-per-million; and mercury, one-half part-per-million;

(3) Copper in excess of two hundred fifty parts-per-million;

(4) Aflatoxins in excess of twenty parts-per-billion; or

(5) Pesticide residue or drug residue in excess of the provisions in subchapter 3.

(b) Dried poultry waste shall contain:

(1) A minimum of eighteen per cent crude protein;

(2) A maximum of fifteen per cent crude fiber:

(3) A maximum of thirty-five per cent ash;

(4) A maximum of one per cent feathers; and

(5) A maximum of twelve per cent moisture.

(1) A minimum of eighteen per cent crude protein;

(2) A maximum of thirty per cent crude fiber;

(3) A maximum of thirty per cent ash;

(4) A maximum of five per cent feathers; and

(5) A maximum of twelve per cent moisture.

(d) Processed animal waste derivatives shall contain:

(1) A minimum of eighteen per cent crude protein;

(2) A maximum of twenty per cent crude fiber;

(3) A maximum of thirty-five per cent ash; and

(4) A maximum of twelve per cent moisture.

(e) Any product labeled as or containing processed animal waste products shall not exceed twelve per cent moisture to aid in maintaining stable microbiological quality.

History

[Eff 5/29/81; am and comp 1/16/84; am and comp 3/24/86; am NOV 17 1986] (Auth: HRS § 144-10) (Imp: HRS §§ 144-6 and 144-10)

Haw. Code R. § 4-45-22 Testing

(a) Any person seeking or receiving registration of any processed animal waste product shall test that product, at a laboratory approved by the department, utilizing official methods of sampling and analysis.

History

[Eff 5/29/81; am and comp 1/16/84; am and comp 3/24/86; am 11/17/86; am 5/26/92; am OCT 05 2002] (Auth: HRS § 144-10) (Imp: HRS §§ 144-6, 144-8, 144-9)

Haw. Code R. § 4-45-23 Records

(a) Any person seeking or receiving registration of any processed animal waste product shall keep for a period of two years, accurate records of:

(1) All sources of raw materials and date acquired, including information on drug and pesticide usage;

(2) All production output, including a code or other method to identify the date of production and the lot;

(3) All sales and distribution, including the name and address of the purchaser or to whom distributed, date, quantity, and production code; and

(4) The sampling and assay records of the testing required by section 4-45-22.

(b) Records shall be made available to officials of the department during normal business hours for purposes of enforcing this chapter. A copy of these records shall be made available to the department for its files on twenty-four hour notice.

History

[Eff 5/29/81; am and comp 1/16/84; comp 3/24/86; am NOV 17 1986] (Auth: HRS § 144-10) (Imp: HRS §§ 144-5, 144-6, and 144-9)

Haw. Code R. § 4-45-24 Labeling requirements

(a) The label, invoice, or delivery slip accompanying shipments of processed animal waste products or commercial mixed feeds containing processed animal waste products shall contain all information required by subchapter 1, and in addition shall include the following information, in percentages, in the list of guarantees:

(1) The maximum moisture content following the ash guarantee; and

(2) The maximum lignin, following the moisture guarantee, if the product is dried poultry litter and contains wood-based bedding materials.

(b) The following special warning shall be required on the label, invoice, or delivery slip of processed animal waste products, in bold face type at least one-half as large as any other type appearing on the label:

(1) If the product contains drug residues, then the label shall contain the following statement, "WARNING: THIS PRODUCT CONTAINS DRUG RESIDUES. DO NOT USE WITHIN 30 DAYS OF SLAUGHTER AND DO NOT USE 30 DAYS PRIOR TO OR DURING THE FOOD PRODUCTION PERIOD OF DAIRY ANIMALS AND LAYING HENS."; or

(2) If the product contains levels of copper of twenty-five parts per million or greater, a maximum guarantee of copper and the following statement, "WARNING: CONTAINS HIGH LEVELS OF COPPER, DO NOT FEED TO SHEEP."

(c) The label, invoice, or delivery slip of a commercial mixed feed containing processed animal waste product shall state, in the ingredient statement, the type of processed animal waste product and the maximum percentage contained therein.

History

[Eff 5/29/81; comp 1/16/84, comp 3/24/86; am NOV 17 1986] (Auth: HRS § 144-10) (Imp: HRS § 144-4)

Haw. Code R. § 4-45-25 Restrictions

(a) This subchapter shall apply to processed animal waste products in intrastate commerce only.

(b) Processed animal waste products shall not be used in feeds for lactating dairy animals or laying hens.

History

[Eff 5/29/81; am and comp 1/16/84; am NOV 17 1986] (Auth: HRS § 144-10) (Imp: HRS §§ 144-6 and 144-10)

Subchapter 3 ADULTERATION

Haw. Code R. § 4-45-26 Tolerances

(a) The following provisions of the Code of Federal Regulations, as they apply to feed, are adopted for use by the department in enforcing Chapter 144, Hawaii Revised Statutes, and this chapter:

(1) 40 CFR, Part 180, entitled "Tolerances and Exemptions from Tolerances for Pesticide Chemicals In or On Raw Agricultural Commodities", revised as of July 1, 1991; and

(2) 21 CFR, Chapter I, entitled "Food and Drug Administration, Department of Health and Human Services (Parts 1-1299)", revised as of April 1, 1991.

(b) The following compliance policy guides issued by the Federal Food and Drug Administration, as they apply to feed, are adopted for use by the department in enforcing Chapter 144, Hawaii Revised Statutes, and this chapter:

(1) CPG 7126.01, dated 06/01/86, relating to tracers in animal feed;

(2) CPG 7126.05, dated 11/01/81, relating to diversion (after heat treatment) of rodent, roach, or bird contaminated food for animal use;

(3) CPG 7126.06, dated 10/01/80, relating to state analysis of animal feed for protein, fat, and fiber content;

(4) CPG 7126.07, dated 10/01/80, relating to salmonella contamination of animal feed and animal feed ingredients;

(5) CPG 7126.10, dated 10/01/80, relating to moisture damaged grain;

(6) CPG 7126.11, dated 06/01/80, relating to the status of vitamins and minerals in type B and type C medicated feed and in non-medicated feed:

(7) CPG 7126.12, dated 06/01/86, relating to use of type A medicated article brand names in medicated feed labels;

(8) CPG 7125.13, dated 10/01/80, relating to animal by-products for feeds - salmonella contamination:

(9) CPG 7126.15, dated 03/01/82, relating to crotalaria seeds in grains and feeds:

(10) CPG 7126.19, dated 07/01/86, relating to CGMP regulation for medicated feeds --daily inventory requirements;

(11) CPG 7126.20, dated 11/01/81, relating to diversion of adulterated human or animal food to acceptable animal feed use:

(12) CPG 7126.21, dated 10/01/80, relating to silage ingredients:

(13) CPO 7126.24, dated 10/01/80, relating to rendered animal feed ingredients:

(14) CPG 7126.25, dated 10/01/80, relating to animal cottonseed meal - interpretation of 21 CFR 573.140;

(15) CPG 7126.26, dated 10/01/80, relating to checklist labeling for custom mixed medicated seeds:

(16) CPG 7126.28, dated 10/01/80, relating to use of drug-contaminated products in animal feed:

(17) CPG 7126.29, dated 10/01/80, relating to unsafe contamination of animal feed from drug carryover:

(18) CPG 7126.30, dated 10/01/80, relating to diethylstilbestrol residues in edible animal tissue:

(19) CPG 7126.31, dated 10/01/82, relating to the use of antibiotic drug residue by-products in animal feed:

(20) CPG 7126.35, dated 06/01/86, relating to sequencing as a means to prevent unsafe drug contamination in the production, storage and distribution of feeds;

(21) CPG 7126.37, dated 06/01/86, relating to medicated feed CGMP's (part 225) and type A medicated article CGMPs (part: 226) combining discrete batches into a commingled lot;

(22) CPG 7126.39, dated 11/01/83, relating to ammonium chloride used in ruminant feeds:

(23) CPG 7126.41, dated 05/02/88, relating to direct-fed microbial products; and

(24) CPG 7141.01, dated 12/01/89, relating to pesticide residues in food and feed enforcement criteria.

(c) Where there is a conflict between the provisions adopted in subsections (a) and (b) and chapter 144, Hawaii Revised Statutes, or other provisions of this chapter, the provisions of chapter 144, Hawaii Revised Statutes, or other provisions of this chapter shall prevail.

(d) The tolerance for aflatoxin in feed shall be twenty parts per billion, except that the tolerance for aflatoxin in cottonseed meal intended for non-dairy animals shall be one hundred parts per billion. The department may allow higher tolerances for aflatoxin in feed intended tor non-lactating animals on a case-by-case basis upon written agreement that the Federal Food and Drug Administration will monitor the tolerance and use of the feed.

History

[Eff and comp 1/16/84; am and comp 3/24/86; am MAY 26 1992] (Auth: HRS § 144-10) (Imp: HRS §§ 144-6 and 144-8)

Haw. Code R. § 4-45-27 Application of tolerances

(a) Where a tolerance level is established in section 4-45-26(a)and (d), regulatory action shall be taken where the contaminant, residue, or additive is at or above the established tolerance level; provided that where there is an action level established under section 4-45-26(b) which is different from the tolerance level established under section 4-45-26(a) and (d), regulatory action shall be taken at the action level.

(b) Where no tolerance or action level is established in section 4-45-26 for an individual feed ingredient or for a commercial mixed feed composed of many ingredients which individually may have no tolerance or action level or various tolerance or action levels established under section 4-45-26, and it is determined by the department that, the contaminant, residue, or additive may be poisonous or deleterious:

(1) The department may look to a tolerance or action level of a similar feed or agricultural product intended for a similar use to determine if the contaminant, residue, or additive is at a level that requires regulatory action. A similar feed or agricultural produce and it a use may be determined by the department in consultation with appropriate federal or state agencies; or

(2) The department may take regulatory action against the feed at the minimal detectable level of the contaminant, residue, or additive. "Minimal detectable level" means the lowest level at which the contaminant, residue, or additive can be reliably detected and quantified using analytical methodology approved or recommended by the Association of Official Analytical Chemistsr the Federal Food and Drug Administration, or the United States Environmental Protection Agency.

History

[Eff and comp 1/16/84; am and comp MAR 24 1986) (Auth: HRS § 144-10) (Imp: HRS §§ 144-6 and 144-8)

Haw. Code R. § 4-45-28 Affidavits

Prior to the sale, offering for sale, or distribution of any feed, the person registering the feed or, in the case of a feed not subject to registration, the local distributor or importer of the feed shall submit to the department an affidavit, on a form approved by the department, attesting to the fact that the feed does not contain any pesticide residue or other adulterant in excess of the tolerances and action levels in this subchapter.

History

[Eff and comp MAR 24 1986] (Auth: HRS § 144-10) (Imp: HRS 144-8)

Chapter 46 STANDARDS FOR SHELL EGGS

Haw. Code R. § 4-46-1 Definitions

As used in this chapter:

"Abnormal" means the shell may be somewhat unusual or decidedly misshapen or faulty in soundness or strength, or may show pronounced ridges or thin spots.

"Air cell" means the air space between shell membranes, normally at the large end of the egg.

"Blood spots or meat spots" means spots which are not due to germ development and which are usually found on the surface of the yolk or floating in the white. Blood spots which have lost their characteristic red color and tissue from reproductive organs that appear as small spots of foreign material are commonly referred to as meat spots. If the spots are small (not more than one-eighth inch in diameter), the egg may be classified as B quality; if larger or show diffusion of blood into the surrounding white, the egg shall be classified as a loss.

"Blood due to germ development" means the development of the germ in a fertile egg has caused blood to be visible as definite lines or as a blood ring. Eggs with blood due to germ development shall be classified as inedible.

"Bloody white" means the white of the egg has blood diffused through it; however, eggs with blood spots which show a slight diffusion into the white around the localized spot are not to be classified as bloody whites. Eggs with bloody whites shall be classified as loss.

"Bubbly air cell" means the air cell has ruptured and one or more small, separate air bubbles are usually found floating beneath the main air cell.

"Case" means a fifteen-dozen or thirty-dozen egg case.

"Check" means the egg has a break or crack in its shell but the shell membrane is still intact and there is no leakage of the egg content. A "check" is considered to be lower in quality than a "dirty".

"Clean" means the shell is free from foreign material and from stains or discolorations that are readily visible. If an egg has only very small specks, stains, or cage marks on its shell and such specks, stains, or cage marks are not of sufficient number or intensity to detract from the generally clean appearance of the egg, the egg may be considered as clean. Eggs that show traces of processing oil on the shell are considered clean when classified as "processed" or "shell-treated", unless the shell is otherwise soiled. Shells of imported eggs marked with the letters "US" or the name of the country of origin shall be classified as clean, unless the shell is otherwise soiled.

"Clear" means the white is free of any discoloration or foreign bodies floating in it. Prominent chalazas should not be confused with foreign bodies such as spots or blood clots.

"Clearly visible germ development" means the development of the germ spot on the yolk of a fertile egg has progressed to a point where it is plainly visible as a definite circular area or spot with no blood in evidence.

"Department" means the Hawaii department of agriculture.

"Depth of air cell" means the distance from the top of the air cell to its bottom, measured with the egg held air cell upward.

"Dirty" means the shell is unbroken and has adhering dirt or foreign matter, prominent stains, or moderate stains covering more than 1/32 of the shell surface if localized, or 1/16 of the shell surface if scattered. Shells of imported eggs marked with the letters "US" or the name of the country of origin shall not be classified as dirty because of such markings.

"Enlarged and flattened" means the yolk membrane and tissues have weakened and moisture has been absorbed from the white to such an extent that the yolk appears definitely enlarged and flat.

"Firm" means the white is sufficiently thick or viscous to prevent the yolk outline from being more than slightly defined or indistinctly indicated when the egg is twirled. With respect to a broken-out egg, a firm white has a Haugh unit value of seventy-two or higher when measured at a temperature between forty-five and sixty degrees fahrenheit.

"Free air cell" means an air cell that moves freely toward the uppermost point of the egg as the egg is slowly rotated.

"Inedible eggs" means eggs that are classified as black rots, yellow rots, white rots, mixed rots (addled eggs), sour eggs, eggs with green whites, eggs with stuck yolks, moldy eggs, musty eggs, eggs showing blood rings, eggs containing embryo chicks (at or beyond the blood ring state), and any eggs that are determined to be adulterated under the Federal Food, Drug, and Cosmetic Act.

"Leaker" means there is a crack or break in the shell and shell membrane to the extent that the egg contents are exuding or free to exude through the shell.

"Loss" means eggs that are inedible, cooked, frozen, contaminated, or containing bloody whites, large blood spots, large or unsightly meat spots, or other foreign material.

"Lot" means any one group of shell eggs which is set apart or separated from any other group or groups of shell eggs.

"No grade" means the eggs are of possible edible quality but fail to meet the requirements of the consumer grades in section 4-46-3, or have been contaminated by smoke, chemicals, or other foreign material to the extent that the character, appearance, or flavor of the eggs is seriously affected.

"Outline fairly well defined" means the yolk outline is discernible but not clearly outlined as the egg is twirled.

"Outline plainly visible" means the yolk outline is clearly visible as a dark shadow when the egg is twirled.

"Outline slightly defined" means the yolk outline is indistinctly indicated and appears to blend into the surrounding white as the egg is twirled.

"Practically free from defects" means the yolk shows no germ development but may show other very slight defects on its surface.

"Practically normal" means the shell approximates the usual shape and is sound and free from thin spots. Ridges and rough areas that do not materially affect the shape and strength of the shell are permitted.

"Principal display panel" means the part or parts of the label most likely to be displayed, presented, shown, or examined under normal and customary conditions of display for retail sale.

"Processed" means the egg has had a protective covering, such as oil, applied to its shell surface. The product used shall be acceptable to the Food and Drug Administration.

"Reasonably firm" means the white is somewhat less thick or viscous than a firm white. A reasonably firm white permits the yolk to approach the shell more closely, which results in a fairly well defined yolk outline when the egg is twirled. With respect to a broken-out egg, a reasonably firm white has a Haugh unit value of sixty to seventy-two when measured at a temperature between forty-five and sixty degrees fahrenheit.

"Serious defects" means the yolk shows well developed spots or areas and other serious defects, such as olive yolk, which do not render the egg inedible.

"Shell protected" or "shell treated" means the egg has had a protective coating, such as oil, applied to its shell surface. The product used shall be acceptable to the Food and Drug Administration.

"Unbroken" means the egg is free of an actual check or break in the shell.

"Weak and watery" means the white is weak, thin, and generally lacking in viscosity. A weak and watery white permits the yolk to approach the shell closely, thus causing the yolk outline to appear plainly visible and dark when the egg is twirled. With respect to a broken-out egg, a weak and watery white has a Haugh unit value lower than sixty when measured at a temperature between forty-five and sixty degrees fahrenheit.

History

[Eff 5/29/81; am and comp 8/18/83; am and comp 3/24/86] (Auth: HRS § 147-74) (Imp: HRS § 147-74)

Haw. Code R. § 4-46-2 Standards for quality of individual shell eggs

(a) The shell of an AA quality egg shall be clean, unbroken, and practically normal; the air cell shall not exceed one-eighth inch in depth, may show unlimited movement, and may be free or bubbly; the white shall be clear and firm so that the yolk is only slightly defined when the egg is twirled before the candling light; and the yolk shall be practically free from apparent defects.

(b) The shell of an A quality egg shall be clean, unbroken, and practically normal; the air cell shall not exceed 3/16 inch in depth, may show unlimited movement, and may be free or bubbly; the white shall be clear and at least reasonably firm so that the yolk outline is only fairly well defined when the egg is twirled before the candling light; and the yolk shall be practically free from apparent defects.

(c) The shell of a B quality egg shall be unbroken, may be abnormal, and may show slightly stained areas but not prominent stains or adhering dirt or foreign material; provided that the defects do not appreciably detract from the appearance of the egg. When the stain is localized, approximately 1/32 of the shell surface may be moderately stained and when the stained areas are scattered, approximately 1/16 of the shell surface may be moderately stained. The air cell may exceed 3/16 inch in depth, may show unlimited movement, and may be free or bubbly. The white may be weak and watery so that the yolk outline is plainly visible when the egg is twirled before the candling light. The yolk may appear dark, enlarged, and flattened, may show clearly visible germ development but no blood due to such development, and may show other serious defects that do not render the egg inedible. Small blood spots or meat spots aggregating not more than one-eighth inch in diameter may be present.

History

[Eff 5/29/81; am and comp 8/18/83; am and comp 3/24/86] (Auth: HRS § 147-74) (Imp: HRS § 147-74)

Haw. Code R. § 4-46-3 Standards for consumer grades for shell eggs

(a) Consumer Grade AA shell eggs shall consist of eggs which are at least eighty-seven per cent AA quality. Within the maximum tolerance of thirteen per cent which may be below AA quality, not more than one per cent may be B quality due to air cells over three- eighths inch, blood spots aggregating not more than one-eighth inch in diameter, or serious yolk defects; not more than five per cent (seven per cent for jumbo size) may be checks; and not more than one-half of one per cent may be leakers, dirties, or loss due to meat or blood spots (other types of loss shall not be permitted) in any combination, except that such loss may not exceed three-tenths of one per cent. Additional tolerances shall be as provided in subsection (e).

(b) Consumer Grade A shell eggs shall consist of eggs which are at least eighty-seven per cent A quality or better. Within the maximum tolerance of thirteen per cent which may be below A quality, not more than one per cent may be B quality due to air cells over three-eighths inch, blood spots aggregating not more than one-eighth inch in diameter, or serious yolk defects; not more than five per cent (seven per cent for jumbo size) may be checks; and not more than one-half of one per cent may be leakers, dirties, or loss due to meat or blood spots (other types of loss shall not be permitted) in any combination, except that such loss may not exceed three-tenths of one per cent. Additional tolerances shall be as provided in subsection (e).

(c) Consumer Grade B shell eggs shall consist of eggs which are at least ninety per cent B quality or better. Within the maximum tolerance of ten per cent allowed for checks and other defects, not more than one-half of one per cent may be leakers, dirties, or loss due to meat or blood spots (other types of loss shall not be permitted) in any combination, except that such loss may not exceed three-tenths of one per cent. Additional tolerances shall be as provided in subsection (e).

(d) A summary of consumer grades is provided in the exhibit entitled "Table I. Summary of Consumer Grades for Shell Eggs (6/1/85)" located at the end of this chapter and which is made a part of this section.

(e) The following additional tolerances shall apply to consumer grades for shell eggs:

(1) In lots of two or more cases:

(A) For consumer grade AA shell eggs, no individual case may contain less than seventy-seven per cent AA quality eggs; more than a total of twenty-three per cent of A and B quality eggs; or more than ten per cent check eggs;

(B) For consumer grade A shell eggs, no individual case may contain less than seventy-seven per cent A quality eggs; more than twenty-three per cent B quality eggs; or more than ten per cent check eggs; and

(C) For consumer grade B shell eggs, no individual case may contain less than eighty per cent B quality eggs or more than twenty per cent check eggs;

(2) In lots of two or more cartons:

(A) For consumer grades AA and A shell eggs, no individual carton may contain less than nine eggs of the specified quality and no individual carton may contain less than eleven eggs of the specified quality and the next lower quality. The remaining egg may be of a quality below the next lower quality or a check; and

(B) For consumer grade B shell eggs, no individual carton may contain less than ten eggs of B quality or better. The remaining two eggs may consist of a combination of checks and qualities below B quality; and

(3) For grades AA, A, and B, no lot shall be rejected or downgraded due to the quality of single egg except for loss due to other than blood or meat spots.

(f) A summary of individual case tolerances is provided in the exhibit entitled "Table III. Tolerances for Individual Case Within a Lot (6/1/85)" located at the end of this chapter and which is made a part of this section.

(g) Substitution of higher qualities of eggs for the lower qualities specified in consumer grades A and B shall be permitted.

(h) United States consumer grades for shell eggs at destination as specified in section 56.216 of subpart C, United States Standards, Grades, and Weight Classes for Shell Eggs, part 56, subchapter C, chapter 1, title 7, agriculture, and additional tolerances for individual cases within a lot as provided in the exhibit entitled "Table IV. Tolerances for Individual Case Within a Lot at Destination (6/1/85)", located at the end of this chapter and which is made a part of this section, shall apply to imported eggs. A summary of the United States consumer grades for shell eggs at destination is provided in the exhibit entitled "Table II. Summary of U.S. Consumer Grades for Shell Eggs at Destination (6/1/85)", located at the end of this chapter and which is made a part of this section. The substitution of higher qualities of eggs for the lower qualities specified in U.S. consumer grades A and B shall be permitted.

History

[Eff 5/29/81; am and comp 8/18/83; am and comp 3/24/86] (Auth: HRS § 147-74) (Imp: HRS § 147-74)

Haw. Code R. § 4-46-4 Weight classes

(a) The following weight classes shall apply to all consumer grades for shell eggs:

(1) Jumbo shell eggs shall consist of eggs that are thirty ounces minimum net weight per dozen, fifty-six pounds minimum net weight per thirty dozens, and twenty-nine ounces minimum net weight for individual eggs at rate per dozen;

(2) Extra large shell eggs shall consist of eggs that are twenty-seven ounces minimum net weight per dozen, fifty and one-half pounds minimum net weight per thirty dozens, and twenty-six ounces minimum net weight for individual eggs at rate per dozen;

(3) Large shell eggs shall consist of eggs that are twenty-four ounces minimum net weight per dozen, forty-five pounds minimum net weight per thirty dozens, and twenty-three ounces minimum net weight for individual eggs at rate per dozen;

(4) Medium shell eggs shall consist of eggs that are twenty-one ounces minimum net weight per dozen, thirty-nine and one-half pounds minimum net weight per thirty dozens, and twenty ounces minimum net weight for individual eggs at rate per dozen;

(5) Small shell eggs shall consist of eggs that are eighteen ounces minimum net weight per dozen, thirty-four pounds minimum net weight per thirty dozens, and seventeen ounces minimum net weight for individual eggs at rate per dozen; and

(6) Pee wee shell eggs shall consist of eggs that are fifteen ounces minimum net weight per dozen and twenty-eight pounds minimum net weight per thirty dozens.

(b) A summary of weight classes for shell eggs is provided in the exhibit entitled "Table V. Weight Classes for Consumer Grades for Shell Eggs (6/1/85)" located at the end of this chapter and which is made a part of this section.

(c) A lot average tolerance of three and three-tenths per cent for individual eggs in the next lower weight class shall be permitted, provided no individual case within the lot exceeds five per cent.

History

[Eff 5/29/81; am and comp 8/18/83; am and comp 3/24/86] (Auth: HRS § 147-74) (Imp: HRS § 147-74)

Haw. Code R. § 4-46-5 Signs and labels

(a) The designation of origin, grade, and size of shell eggs shall be:

(1) Marked on containers;

(2) Plainly and conspicuously printed on the principal display panel; and

(3) In type size of not less than 3/16 inch in height.

(b) The statement of identity for shell eggs shall be designated as "eggs". It shall be presented:

(1) In bold face type on the principal display panel;

(2) In size reasonably related to the most prominent printed matter on the panel; and

(3) In line generally parallel to the base on which the package rests as it is designed to be displayed.

(c) The declaration of net quantity shall appear as a distinct item on the principal display panel and shall be expressed in dozen or count. If cartons are designed to permit division by retail consumers into two portions of one-half dozen eggs each, the content declaration on the display panel shall be placed in such a manner that the context of the content declaration is destroyed upon division of the carton.

(d) The name and place of business of the packer or distributor shall be prominently designated on the principal display panel. The designation shall be preceded by the words "produced and packed by", "packed by", "distributed by", or any other wording that expresses the facts. The statement of the place of business shall include the street address, city, state, and zip code; however, the street address may be omitted if the name is listed in the current city or telephone directory.

(e) The designation of origin, grade, and size on signs and placards for shell eggs in bulk shall be plainly and conspicuously printed in bold face type letters of not less than one-half inch in height. The sign or placard shall be placed or posted in such a position as to clearly and accurately identify the eggs it represents.

(f) Information on labels, signs, or placards required under this section which are determined to be incorrect shall be obliterated and replaced with the correct statements of fact. Any reasonable effort made to efface the incorrect information, such as a line or X mark drawn across or over each erroneous statement, shall be considered an obliteration.

History

[Eff 5/29/81; am and comp 8/18/83; am and comp 3/24/86] (Auth: HRS § 147-74) (Imp: HRS §§ 147-75, 147-76, and 147-77)

Haw. Code R. § 4-46-6 Sale of various kinds and qualities of shell eggs

(a) Shell eggs which have been incubated shall not be sold, offered for sale, or advertised for sale for human consumption unless such eggs are legibly and conspicuously labeled as "Balut", "Chicken Embryo", or "Incubated Fertile Eggs". Incubated eggs shall be exempt from the grade and size requirements of this chapter.

(b) Shell eggs which have been processed, preserved, or shell-treated shall not be sold or offered for sale without being plainly identified or marked by suitable sign or label that such eggs are processed, shell-treated, or shell protected, as the case may be.

(c) Shell eggs below the standard of consumer grade B shall not be sold, offered for sale, or advertised for sale for human consumption without first obtaining a permit from the department.

(d) Boiled or steamed eggs and pickled eggs shall be exempt from the requirements of this chapter.

History

[Eff 5/29/81; comp 8/18/83; am 1/16/84; am and comp 3/24/86] (Auth: HRS § 147-74) (Imp: HRS §§ 147-74, 147-76, and 147-77)

Haw. Code R. § 4-46-7 Temperature requirement

Any person storing, transporting or selling shell eggs for human consumption that have been washed, shall keep such eggs at an ambient temperature of no greater than forty-five degrees fahrenheit, except when the eggs are being candled or graded.

History

[Eff 5/29/81; comp 8/18/83; comp 3/24/86; am 10/5/02] (Auth: HRS § 147-74) (Imp: HRS § 147-74)

Haw. Code R. § 4-46-8 Provisions for enforcement

(a) Any authorized inspector of the department may enter any place or conveyance where eggs are produced, candled, incubated, stored, packed, delivered for shipment, loaded, shipped, transported, offered for sale, or sold and may inspect all such eggs, the containers in which the eggs are packed, and the equipment found in such places or conveyances. The inspector may take for inspection representative samples of the eggs and containers.

(b) Any authorized inspector of the department, upon determining that provisions of this chapter or of chapter 147, part V, Hawaii Revised Statutes, are being violated, may place stop sale notices on all eggs that are in violation. Eggs upon which stop sale notices have been issued shall not be sold, offered for sale, transferred, or otherwise disposed of until the stop sale notices have been canceled or removed by an authorized inspector of the department.

History

[Eff 5/29/81; am and comp 8/18/83; comp 3/24/86] (Auth: HRS § 147-74) (Imp: HRS §§ 147-72, 147-73, 147-75, 147-76, 147-77, 147-78, and 147-79)

Haw. Code R. § 4-46-9 Inspection fees and appeals

(a) The department may designate any competent employee as an inspector to inspect or classify shell eggs in accordance with the provisions of this chapter.

(b) Designated inspectors may inspect or classify shell eggs at the request of persons having financial interest in the shell eggs and to ascertain and certify to those persons the grade, classification, quality, or condition of the eggs and other pertinent facts. Fees for this service shall be paid by the person requesting the service at the rate established by the Agricultural Marketing Service, United States Department of Agriculture. Additional charges may be assessed for transportation, travel time, per diem, and other actual expenses incurred by the department.

(c) When payments for fees or penalties covered by this chapter are by check, a service fee shall be assessed for each check that is not honored.

(d) An application for appeal grading may be made by any interested party dissatisfied with any determination stated on the grading certificate, if the identity of the samples or the product has not been lost. The application for appeal grading shall be made within twenty-four hours of the original grading and may be made orally, in person or by telephone, or in writing. The fee to be charged for an appeal grading shall be based on the hourly fees and other charges specified in subsections (b) and (c). If the result of the appeal grading discloses that a material error was made in the original grading, no fees or charges shall be assessed for the appeal grading.

History

[Eff 5/29/81; am and comp 8/18/83; am 1/16/84; am and comp 3/24/86; am 10/5/02] (Auth: HRS § 147-74) (Imp: HRS § 147-74)

Haw. Code R. § 4-46-10 Individual egg origin marking

(a) Each egg imported from the mainland United States or foreign countries shall be individually stamp marked in clear and plain letters of not less than twelve point type, with the letters "US" on eggs produced in the mainland United States or the name of the country of origin on eggs produced in a foreign country. Any egg that bears less than fifty per cent of the required origin stamp mark shall fail to meet the requirements of this section.

(b) The ink used to stamp mark the origin on imported eggs shall be of the type approved by the poultry division of the agricultural marketing service of the United States Department of Agriculture.

(c) The origin mark may be stamped on the end or side of each egg but shall be placed so that the mark is visible when the egg is packed in the carton or flat.

History

[Eff 1/16/84; comp 3/24/86] (Auth: HRS § 147-74) (Imp: HRS § 147-75)

Haw. Code R. § 4-46-11 Handling and inspection of imported eggs

(a) Importers of eggs shall furnish the following information to the department at least two working days prior to the arrival of any shipment of imported eggs:

(1) Arrival date of shipment;

(2) Name of vessel or air carrier;

(3) Voyage or flight number;

(4) Shipping container identification number; and

(5) Information on the eggs in the shipment including volume, size, and type of pack.

(b) The department may issue permission for the removal of non-inspected imported eggs from any dock or landing upon receipt of the following information from the importer:

(1) Date and time when the imported eggs are to be removed;

(2) Exact location to which the imported eggs are to be transported; and

(3) Exact time that the imported eggs will be available for inspection for required origin markings.

(c) For each shipment of imported eggs arriving in a sealed container, the inspector shall witness the breaking of the seal unless prior permission has been obtained from the department by the importer to forego this requirement.

(d) Importers of shell eggs packed in cartons and consigned to retail outlets which lack a centralized distribution facility may be granted permission to transport the eggs direct to those retail outlets without being subject to subsection (c), provided:

(1) The importer submits to the department:

(A) The information required under subsection (b);

(B) An affidavit attesting that the imported eggs are properly marked and labeled as required in this chapter and chapter 147, part V, Hawaii Revised Statutes; and

(2) The eggs shall not be sold or offered for sale to consumers until an egg stamping certificate has been issued by the department verifying that the eggs are appropriately marked as required in section 147-75, Hawaii Revised Statutes, and this chapter.

(e) The department may exempt imported shell eggs from inspection for required origin markings, provided:

(1) The importer submits to the department:

(A) The information required under subsection (b); and

(B) A copy of the "Poultry Products Grading Certificate", issued by the U. S. Department of Agriculture, Agricultural Marketing Service, showing that the imported eggs were inspected for origin marking requirements; and

(f) The department shall provide inspection for compliance with section 147-75, Hawaii Revised Statutes, and section 4-46-10 during normal working hours, with adequate notice, on a time available basis. The importer shall make each lot to be inspected accessible for inspection prior to the arrival of the inspector. If the eggs are not available for inspection within fifteen minutes of the specified inspection time, the inspector shall not remain at the inspection site on a stand-by basis unless the importer agrees to pay a stand-by charge at the rate of $31.00 per hour for regular time and $46.50 per hour for overtime.

(g) In order to allow for variations incident to proper origin stamp marking of imported eggs, not more than a total of ten per cent of the imported eggs in any lot may fail to meet the origin marking requirements with no individual case exceeding 20 per cent of the eggs failing to meet the origin marking requirements.

History

[Eff 1/16/84; am and comp 3/24/86; am 5/26/92; am 10/5/02] (Auth: HRS § 147-74) (Imp: HRS §§ 147-74 and 147-75)

Haw. Code R. § 4-46-12 Penalties

Any person who violates any provision of this chapter may be subject to the actions, procedures, and penalties provided in sections 147-79 and 147-80, Hawaii Revised Statutes.

History

[Eff 1/16/84; am and comp 3/24/86] (Auth: HRS § 147-74) (Imp: HRS §§ 147-74 and 147-79)

Haw. Code R. § 4-46-13 Advertisement of eggs

Advertisements of the price at which eggs are offered for sale shall be accompanied by the designation of grade, size and geographic origin of eggs, and of shell treatment if applicable, in bold, legible, conspicuous letters or typeface. Such designation shall be in addition to any photographs, drawings or other representation of the egg container.

History

[Eff 8/6/90] (Auth: HRS § 147-74) (Imp: HRS § 147-76)

Chapter 48 RULES REGULATING DEALERS IN FARM PRODUCTS

Haw. Code R. § 4-48-1 Definitions

As used in this chapter: "Board" means the board of agriculture. "Branch store" means any additional store owned and operated by a person subject to licensing under chapter 145, Hawaii Revised Statutes, and this chapter, which conducts the same class of business as that person.

"Class of business" means commission merchant, dealer, broker, agent, processor, or retail merchant.

"Effective date" means the first day of the month following the date when the applicant first became subject to chapter 145, Hawaii Revised Statutes, and this chapter.

"Head" means the manager of the commodities branch of the department, or any officer or employee of the commodities branch to whom authority has been delegated.

"Licensee" means any person who holds an unrevoked and valid unsuspended license issued under chapter 145, Hawaii Revised Statutes, and this chapter.

"Pack out basis" means that acceptance of the farm product and price or prices to be paid are based on the grade or quality of the product as determined from evaluation of representative samples drawn at the time the product is received or at completion of preliminary processing and grading operations.

"Person" means any individual, partnership, corporation, association, or separate legal entity.

History

[Eff 5/29/81; am 1/16/84; am and comp 3/24/86; am 10/5/02] (Auth: HRS § 145-15) (Imp: HRS § 145-15)

Haw. Code R. § 4-48-2 Application for license

(a) A separate license shall be required for each person and each branch store.

(b) Any person subject to licensing shall file an application for the required license or licenses with the department on an approved application form. This application form is available from the branch, on request, and is also available on the department's internet web site.

(1) The name in which the business is conducted, place of business, mailing address, phone number, date business started, and banking reference;

(2) The name and address of each branch store;

(3) The type of farm product the applicant proposes to handle;

(4) The class of business;

(5) The type of business organization and:

(A) If the applicant is the sole owner, the applicant's name and address;

(B) If a partnership, the names and home addresses of all partners and an indication whether the partnership is comprised of general, limited, or special partners; or

(C) If an association or corporation, the names and addresses of all officers, directors, and holders of more than ten per cent of outstanding stock, and the percentage of stock held by each; and

(6) The date when the applicant first became subject to chapter 145, Hawaii Revised Statutes, and this chapter, and, if the business is conducted prior to filing an application for license, an explanation of the violation.

(d) The application shall be signed by the owner of the business, or all general partners in the case of a partnership, or a duly authorized official if the applicant is an association or corporation.

(e) Before any commission merchant or broker license is issued, the applicant shall execute and deliver to the department a surety bond in the sum of $3,000.

(f) The department, upon receipt and review of an application for license, shall issue either of the following to the applicant, no later than ten working days after the date of receipt:

(1) The appropriate license, if the application for license is properly completed; or

(2) A written statement that the application is denied and an explanation of the reason for the denial.

History

[Eff 5/29/81; am 1/16/84; am and comp 3/24/86; am 10/5/02] (Auth: HRS § 145-15) (Imp: HRS § 145-15)

Haw. Code R. § 4-48-3 License fees

(a) The license fees for the different classes of business shall be as follows:

(1) The commission merchant, dealer, processor, agent, or broker license fee shall be $40 annually, for each classification;

(2) The retail merchant license fee shall be $10 annually, provided that if the business is also licensed as a dealer, processor, agent, or broker, there shall be no fee; and

(3) The license fee for each branch store shall be $5 annually, except that the initial fee may be for a period less than a year subject to the requirement in section 4-48-4(d).

(b) No credit shall be allowed or refund made for any unused portion of the effective license period.

(c) Any commission merchant, dealer, broker, agent, processor, or retail merchant in violation of chapter 145, Hawaii Revised Statutes, and this chapter, by having engaged in business for more than thirty days without a license, shall obtain the required license in the following manner:

(1) If the effective date of business is less than one year prior to the date of application, the applicant shall be licensed from the effective date and pay one year's license fee with forty per cent penalty;

(2) If the effective date of business is one year prior to the date of application, the applicant shall be licensed from the anniversary date of the effective date and pay one year's license fee with forty per cent penalty and the current year's license fee;

(3) If the effective date of business is greater than one year prior to the date of application and the head determines that such violation was due to inadvertence of the applicant, the applicant shall be licensed from the anniversary date of the effective date and shall pay two years' license fees with forty per cent penalty; or

(4) If the effective date of business is greater than one year prior to the date of application and the head determines that the violation was wilful on the part of the applicant, the applicant shall be licensed from the anniversary date of the effective date and shall pay the current year's license fee with forty per cent penalty and all annual license fees accrued from the effective date with forty per cent penalty.

(d) All checks shall be made payable to "Hawaii Department of Agriculture". The head may require the fee be submitted in the form of a money order, bank draft, cashier's check, or certified check. When payments for fees or penalties covered by this chapter are by check, a service fee shall be assessed for each check that is not honored.

History

[Eff 5/29/81; am 1/16/84; am and comp 3/24/86; am 10/5/02] (Auth: HRS § 145-15) (Imp: HRS § 145-2)

Haw. Code R. § 4-48-4 Branch store license

(a) A license shall be required for each branch store and may be obtained by the main store or parent company.

(b) The license shall be identified by the words "BRANCH STORE".

(c) A separate application form need not be completed provided the name and address of the branch store is listed on the original application by the main store or parent company. For each additional branch store opening after the issuance of a license to the main store or parent company, an application and proper fee shall be required.

(d) All branch store licenses expire at the same time as the main store's or parent company's license and shall be renewed together with the main store's or parent company's license.

History

[Eff 5/29/81; comp 3/24/86] (Auth: HRS § 145-15) (Imp: HRS § 145-2)

Haw. Code R. § 4-48-5 Posting of license

(a) Every licensed commission merchant, dealer, broker, agent, processor, retail merchant, or branch store shall post the required license, or a copy of the license, in a conspicuous place at the place of business at all times.

(b) Repeated violation of this section may result in the suspension or termination of a license under section 4-48-13.

History

[Eff 5/29/81; am 1/16/84; comp 3/24/86] (Auth: HRS § 145-15) (Imp: HRS § 145-2)

Haw. Code R. § 4-48-6 Termination of license; notices; renewals; penalty

(a) All commission merchant, dealer, processor, broker, agent, and retail merchant licenses shall expire one year from the effective date, unless renewed with payment of the annual license fee on or before the expiration date of the license or unless otherwise provided for in section 145-2, Hawaii Revised Statutes.

(b) A commission merchant or broker license shall be declared void on the date of cancellation of the posted surety bond.

(c) Thirty days after the expiration of a commission merchant, dealer, broker, agent, retail merchant, processor, or branch store license, the head shall notify the licensee in writing that the license may be renewed by payment of the annual fee plus a forty per cent penalty.

History

[Eff 5/29/81; am 1/16/84; am and comp 3/24/86] (Auth: HRS § 145-15) (Imp: HRS § 145-2)

Haw. Code R. § 4-48-7 Changes in address, ownership, business name, or membership; bankruptcy

(a) A licensee shall promptly notify the head in writing of any change of address, business name, officers, directors, or holders of more than ten per cent of the outstanding stock of a corporation, and the percentage of stock held by each person.

(b) A new license shall be required in the case of change of ownership of a business, an addition or withdrawal of members of a partnership, or when business is to be conducted under a different corporate charter than that under which the license was originally issued.

(c) A licensee shall promptly notify the head in writing when the licensee, or any partner if the licensee is a partnership, is undergoing proceedings under bankruptcy laws.

History

[Eff 5/29/81; comp 3/24/86] (Auth: HRS § 145-15) (Imp: HRS § 145-2)

Haw. Code R. § 4-48-8 Commission merchant requirements

(a) The commission merchant shall establish the commission rate and other charges to be assessed with the producer-consignor prior to the handling of farm products on consignment.

(b) The commission merchant shall exercise reasonable care and diligence in selling the consigned products promptly in a fair and reasonable manner.

(c) The commission merchant may not reconsign farm products to another person and incur additional commissions, charges, or expenses without the expressed consent of the producer-consignor.

(d) The commission merchant shall not purchase consigned farm products or sell to firms over which the commission merchant has direct or indirect control, without specific prior authority of the producer-consignor. The commission merchant may purchase such farm products at reasonable market value to clean up remnants of shipments to expedite accounting.

(e) Within seven days after the final sale of any lot of consigned farm products, the commission merchant shall make a written report to the producer showing the quantity sold, the selling price, and the quantity dumped or discarded.

History

[Eff 5/29/81; comp 3/24/86] (Auth: HRS § 145-15) (Imp: HRS §§ 145-2, 145-4 and 145-5)

Haw. Code R. § 4-48-9 Remittance to producer

(a) Commission merchants shall remit in full the amount realized from consignment sales, including collections, overcharges, and damages, less the agreed commission and other charges, together with a complete account of sales, to the producer-consignor within ten days after receipt of the money, unless otherwise agreed to in writing.

(b) Every dealer, processor, agent, or retail merchant shall make payment in full to the producer for farm products purchased or if a broker, for the negotiated purchase or sale of farm products, at the time and in the manner specified in a contract or agreed to by the producer in writing. If no payment time is set by a contract or in writing at the time of delivery, payment shall be made within thirty days from delivery or acceptance of the farm product.

History

[Eff 5/29/81; am and comp 3/24/86] (Auth: HRS § 145-15) (Imp: HRS § 145-6)

Haw. Code R. § 4-48-10 Record keeping

(a) Every commission merchant having received any farm product for sale as a commission merchant, shall promptly make and keep for one year a record indicating in detail the following with reference to handling, sale, or storage of the farm product:

(1) The name and address of the consignor;

(2) The commodity, quantity, and date received;

(3) The condition and quality upon arrival;

(4) The date of sale;

(5) The price for which each lot was sold;

(6) An itemized statement of the charges to be paid by the consignor in connection with the sale, including commission charges;

(7) A lot number or other identifying mark for each consignment transaction with the number or mark appearing on all sales tags, or other essential records needed to show what the product actually sold for;

(8) Any claim which has been or may be filed by the commission merchant against any person for overcharges or damages resulting from injury or deterioration of farm products by the act, neglect, or failure of such persons; and

(9) The names and addresses of all purchasers, if the commission merchant has any financial interest in the business of the purchasers or if the purchasers have any financial interest in the business of the commission merchant, directly or indirectly, as holder of the other's corporate stock, as co-partner, as lender or borrower of money to or from the other, or otherwise. The interest shall also be noted following the name of the purchaser.

(b) Every broker, upon negotiating the sale of farm products, shall issue to both the buyer and seller a written memorandum of sale, indicating the commodity, price, date of delivery, quality, quantity, and other details of the transaction. A copy of this memorandum shall be retained by the broker for a period of one year.

(c) Every dealer, processor, and retail merchant purchasing any farm product from the producer shall promptly make and keep for one year, a correct record showing the following:

(1) The name and address of the producer;

(2) The commodity, quantity, and the date received;

(3) The condition and quality upon arrival;

(4) The price to be paid;

(5) The date paid; and

(6) An itemized statement of any charges paid by the licensee for the account of the producer.

History

[Eff 5/29/81; comp 3/24/86] (Auth: HRS § 145-15) (Imp: HRS § 145-3)

Haw. Code R. § 4-48-11 Dumping certificate requirement, exception

The dumping certificate requirements of section 145-7, Hawaii Revised Statutes, shall not apply to a processor who handles produce on a pack out basis, provided that the processor shall, promptly upon completion of the sample evaluation or the preliminary processing and grading operation of each lot or delivery of product, notify the producer of the results obtained including:

(1) The net weight or percentage by weight of each grade or quality;

(2) The purchase price or prices;

(3) The deduction for processing or other charges; and

(4) The net amount due the producer.

History

[Eff 5/29/81; am and comp 3/24/86] (Auth: HRS § 145-15) (Imp: HRS § 145-7)

Haw. Code R. § 4-48-12 Filing of complaints

(a) Complaints may be filed by any producer or organization representing producers against any licensee or person assuming or attempting to act as such.

(b) All complaints shall be verified by the department prior to conducting an investigation.

(d) The department may, on its own motion, conduct investigations and audit records when it has reason to believe that chapter 145, Hawaii Revised Statutes, or this chapter, has been violated.

History

[Eff 5/29/81; comp 3/24/86, am 10/5/02] (Auth: HRS § 145-15) (Imp: HRS § 145-9)

Haw. Code R. § 4-48-13 Hearing; suspension or revocation of license

(a) All hearings shall be conducted in accordance with chapter 4-1 and may be reviewed in the manner provided by chapter 91, Hawaii Revised Statutes.

(b) Any order for the suspension or revocation of a license shall be in writing and shall cite the reasons for the action.

(c) Any reasonable time shall be allowed between the date of issuance of suspension or revocation of a license and the date upon which the order becomes effective. During this period, the licensee shall make arrangements with some other licensed person to safeguard the interest of innocent parties whose property or business may be affected by the suspension or revocation.

(d) After the revocation of a license or during the effective period of any suspension, no person whose license has been revoked or suspended shall, either directly or indirectly, carry on the business of a commission merchant, dealer, broker, processor, agent, or retail merchant.

(e) The suspension or revocation of a license shall not prevent the licensee from collecting amounts due prior to the effective date of suspension or revocation, or from remitting to the licensee's principals and obligees.

(f) Upon the issuance of an order revoking or suspending a license, the department may give general publicity to such fact, in order that those doing business with the person whose license has been revoked or suspended may take due notice.

(g) No new license shall be issued to any person, either under the original name or another name, while that person's license is suspended or revoked, or until any fine levied under section 145-12, Hawaii Revised Statutes, or this chapter, is paid in full.

History

[Eff 5/29/81; am 1/16/84; am and comp 3/24/86] (Auth: HRS § 145-15) (Imp: HRS §§ 145-10 and 145-12)

Haw. Code R. § 4-48-14 Special bonding requirement

(a) An applicant for a commission merchant or broker license who previously has had a commission merchant, dealer, broker, agent, processor, or retail merchant license suspended shall post a $10,000 surety bond before the commission merchant or broker license applied for is issued. The $10,000 surety bond requirement shall apply for a period of three years, after which time the applicant shall be subject to the bonding requirement in section 4-48-2(e).

(b) An applicant for a dealer, agent, processor, or retail merchant license who previously has had a license suspended shall post a $5,000 surety bond before the license applied for is issued. The $5,000 surety bond requirement shall apply for a period of three years.

(c) The surety bond required under this section shall be executed by the applicant as principal and issued by a surety company qualified and authorized to do business in this State as surety.

(d) Any license issued in conjunction with the surety bond required under this section shall be declared void on the date of cancellation of the posted surety bond.

History

[Eff 1/16/84; am and comp 3/24/86] (Auth: HRS § 145-15) (Imp: HRS § 145-15)

Haw. Code R. § 4-48-15 Penalties

Any person who violates any provision of this chapter may be subject to the actions, procedures, and penalties provided in sections 145-10 and 145-12, Hawaii Revised Statutes.

History

[Eff 1/16/84; comp 3/24/86] (Auth: HRS § 145-15) (Imp: HRS § 145-10)

Chapter 54 INDUSTRY AND PRODUCT PROMOTION PROGRAM

Haw. Code R. § 4-54-1 Definitions

As used in this chapter:

"Association" means three or more producers joined together as a State registered non-profit entity whose purpose includes product promotion.

"Chairperson" means the chairperson of the board of agriculture of the state department of agriculture.

"Department" means the state department of agriculture.

"Producer" means any person engaged in the business of raising, growing, or processing, agricultural commodities or manufacturing kindred goods, including food merchandise in the State.

"Product promotion fund" means funds appropriated by the legislature to the department to aid producers in the State to promote their products and develop new or expanded markets.

"Products" means any agricultural commodities and kindred goods, including manufactured or processed foods and merchandise, produced in the State, with at least fifty per cent of the manufactured or processed product value or contents from the State.

History

[Eff FEB 14 1986] (Auth: HRS § 141-2) (Imp: HRS § 26-16)

Haw. Code R. § 4-54-2 Eligibility for product promotion assistance

(a) Any association whose products have a good potential for export or the potential for successfully competing with imports into the State is eligible to apply for product promotion assistance.

(b) The chairperson shall make the determination of whether or not a product has the potential referred to in subsection (a), based upon information on market conditions, feasibility studies, or any other pertinent data available submitted by an association, acquired or produced by the department, or both.

History

[Eff FEB 14 1986] (Auth: HRS § 141-2) (Imp: HRS § 26-16)

Haw. Code R. § 4-54-3 Procedures for requesting promotion assistance

(a) An association applying for product promotion funds shall submit a written request to the chairperson.

(b) The written request shall include a completed application form and contain:

(1) A statement of the nature of the association's interest and reasons for participating in the underwriting of a product promotion program;

(2) A description of the membership of the association;

(3) A statement regarding the potential market for the particular product;

(4) A proposed promotion program plan, including the strategy and how it will be carried out;

(5) Estimated cost, including total and component costs;

(6) Proposed financing of the program, including a ratio of State funds to be matched with funds from the association equaling at least forty per cent of the cost of the program, except as provided under section 4-54-6(f); and

(7) Any other data relevant to the request or which may be required by the chairperson.

(d) Upon receipt of the request, the chairperson shall cause it to be dated to establish the date of receipt.

(e) If the chairperson deems it desirable for the economic development of Hawaii, the chairperson may seek out an association or stimulate the organization of producers to promote particular products.

History

[Eff FEB 14 1986] (Auth: HRS § 141-2) (Imp: HRS § 26-16)

Haw. Code R. § 4-54-4 Consideration of Request

(a) Within forty-five days after receipt of an application, the chairperson shall deny or grant, either in part or in whole, the request in writing. Where additional information from the applicant is required by the chairperson, the forty-five days will begin upon receipt of that information by the department.

(b) In considering the request, the chairperson shall be guided by the following factors:

(1) Preference shall be given according to the need for a product promotion program to attain the full potential of an industry and according to the scope, thoroughness of preparation, and soundness of the applicant's proposed promotion program plan;

(2) Preference shall be given to the association contributing to a greater ratio of the matching funds;

(3) Preference shall be given to an association, such as one in a fledgling industry, with a lesser ability to pay for a promotion program;

(4) An association in an industry with a greater potential for expansion shall be assigned a higher priority;

(5) A higher priority shall be assigned to an association with a membership consisting of a greater number of producers whose combined production accounts for a substantial portion of the value of its industry;

(6) A higher priority shall be assigned to products with a greater value to the State including labor and material utilized, or value added within the State; and

(7) Evidence of progress and accomplishments of previous promotional programs based on staff evaluation and written reports submitted by the applicant.

History

[Eff FEB 14 1986] (Auth: HRS § 141-2) (Imp: HRS § 26-16)

Haw. Code R. § 4-54-5 State approval of promotion program

(a) Following a favorable determination by the chairperson on requests for promotion assistance, the chairperson shall approve all promotions and shall stipulate such changes as may be desirable. The promotion program may include the use of literature, advertising, demonstrations, displays, lectures, travel, motion picture and slide films, market testing, and other promotion and publicity devices as may be appropriate.

(b) The chairperson may also require the association to retain a marketing or advertising agency to effectuate the promotion. The agency shall be approved by the chairperson before its retention. Prior retention of an agency by the association shall not alter the requirement of the chairperson's approval.

History

[Eff FEB 14 1986] (Auth: HRS § 141-2) (Imp: HRS § 26-16)

Haw. Code R. § 4-54-6 Contracts

(a) The department may enter into contract with appropriate agencies, firms, individuals, and associations for promotion to foster the development of the agricultural industry in consonant with the policies, programs, and activities of the governor's agriculture coordinating committee.

(b) All parties to a contract involving the use of state funds shall be bound by the terms of the contract.

(c) All such contracts shall be approved by the chairperson and specify the name and address of the parties, the nature and scope of the work to be performed, the manner in which funds may be expended, and such data as the state comptroller may require.

(d) The contract term shall not exceed one year, but the term may be extended by mutual written agreement by the parties to the contract.

(e) Funds to assist associations to promote their products shall be matched by association funds equal to at least forty per cent of the contracted amount.

(f) Where a new or fragile association in an emerging industry with good potential for growth is unable to contribute its full matching share, the chairperson may waive matching fund requirements for the first three years of any contract, but shall require at least twenty per cent matching funds for the fourth year of any such contract, and at least forty per cent matching funds for all subsequent years of any such contract; provided that such a waiver shall be granted only once in a single industry.

History

[Eff FEB 14 1986] (Auth: HRS § 141-2) (Imp: HRS § 26-16)

Haw. Code R. § 4-54-7 Non-matching promotions

Where no single industry can be clearly designated as the beneficiary of a promotion or where the promotion involves multiple commodities or a single event, such as trade shows, sales missions and individual retail promotional sales, the chairperson may permit up to one hundred per cent financing by the department.

History

[Eff FEB 14 1986] (Auth: HRS § 141-2) (Imp: HRS § 26-16)

Chapter 60 MILK CONTROL RULES

Subchapter 1 GENERAL PROVISIONS

Haw. Code R. § 4-60-1 Definitions

Terms defined in section 157-1, HRS, when used in this chapter, shall be as defined in section 157-1, HRS. In addition, as used in this chapter:

"Branch" means the commodities branch.

"Buttermilk" or "Cultured buttermilk" is a fluid product resulting from the souring or treatment, by means of a lactic acid or other culture, of pasteurized skim milk or pasteurized reconstituted skim milk. It contains not less than 8.25 per cent milk solids-not-fat.

"California price" means the minimum price per hundredweight for northern California class 1 market milk F.O.B. plant as published by the California Department of Food and Agriculture.

"Class I milk" is all fresh milk or fresh milk constituents utilized in fluid form for human consumption, which utilization shall include, but not be limited to, pasteurized milk, cream, half-and-half, whole milk, skim milk, buttermilk, flavored milk, flavored skim milk, reconstituted or recombined milk, and filled milk. All such fresh milk received by a processing plant shall be deemed to be utilized as class I unless utilization in class II, in an excess pool or as plant shrinkage and route returns is are proven.

"Class II milk" is all fresh milk or fresh milk constituents utilized in non-fluid form for human consumption, which utilization shall include, but no be limited to, ice cream, ice cream mix, cottage cheese, and yogurt.

"Cream" is the 'fatty' liquid or semi-liquid separated from milk and contains not less than 18 per cent butterfat.

"Excess milk" is fresh milk in excess of the total class I and class II requirements of the milk shed and allowable plant shrinkage and route returns.

"Excess pool" means a special pooling technique to be used when fresh milk, produced in excess of the total class I and class II requirements of the market and allowable plant shrinkage and route returns, results in the milk or its constituents being either dumped at a complete loss or disposed of at its highest practical salvage value.

"Filled milk" is any milk, cream, or skim milk, whether fresh or recombined, to which has been added or which has been blended or compounded with any edible fats or oils other than butterfat so that the resulting product is in imitation or semblance of fresh, whole milk, cream, or skim milk.

"Flavored milk" or "Flavored skim milk" is a beverage or confection consisting of milk or skimmed milk, as the case may be, to which has been added a syrup or flavor made from wholesome ingredients.

"Fresh milk" or "Fresh" as used with reference to milk means the milk as drawn from cows which may or may not have been processed by homogenization, pasteurization, or standardization of butterfat content. It shall not include products produced by recombining dry milk constituents with water to produce a recombined or reconstituted milk product.

"Gross Value" means the total value of all milk as utilized and paid for.

"Half-and-half is a product consisting of a mixture of milk and cream which contains not less than 10.5 per cent butterfat.

"Hawaii milk shed" means the county of Hawaii.

"Honolulu milk shed" means the county of Honolulu.

"License" means the authorization issued by the board or the manager to producers, producer-distributors, and distributors to operate their dairy enterprise in a milk shed pursuant to chapter 157, HRS, and rules adopted thereunder.

"License fee" means an assessment levied on each licensed milk producer, producer-distributor, or distributor to secure funds for the administration of chapter 157, HRS, in a milk shed.

"Lowfat milk" is milk from which a sufficient portion of butterfat has been removed to reduce its butterfat content to not less than 5 per cent and not more than 2 per cent.

"Manager" means the manager of the commodities branch.

"Pasteurized milk" is fresh milk which has been treated by heating every particle of milk to a temperature of at least 145 °F. and holding it at such temperature continuously for at least thirty minutes, or to at least 161 °F. and holding it at such temperature continuously for at least fifteen seconds in approved and properly operated equipment.

"Plant shrinkage" means the loss of fresh milk occurring during the processing of milk or milk products and includes, but is not limited to, such items as leakage, spillage, and milk not fully recovered from vats, pipes, and processing equipment.

"Quota" means the amount of daily fresh milk production which a producer is allocated under chapter 157, HRS, and in accordance with the rules and regulations of the board. Quotas shall be expressed in terms of hundredweight of fresh milk.

"Raw milk" is fresh milk that has not been pasteurized.

"Recombined milk" or "Reconstituted milk" is a product resulting from the recombining of milk constituents with potable water and which complies with the standards for butterfat and solids-not-fat of whole milk.

"Recombined skim milk" or "Reconstituted skim milk" means a product which results from the recombining of skim milk constituents with potable water and which contains not less than 8.25 per cent solids-not-fat.

"Route return" means fresh milk returned from retail stores or by retail route customers.

"Service fee" means the amount of compensation paid to a producer-distributor or distributor for services rendered in withholding, collecting, and remitting license fees in a milk shed.

"Skim milk" or "Skimmed milk" is fresh milk from which a sufficient portion of butterfat has been removed to reduce its butterfat content to less than five-tenths per cent.

"Utilized" or "Utilization" - milk is considered to be utilized by a distributor or producer-distributor when processed and containerized for distribution.

"Whole milk" is the lacteal secretion of cows, practically free from colostrum, which contains not less than 8.25 per cent milk solids-not-fat and not less than 3.25 per cent butterfat.

History

[Eff 7/16/80; am and comp 12/1/85; am and comp 5/1/87; am 10/4/97; am 12/26/97] (Auth: HRS § 157-13) (Imp: HRS § 151-1)

Subchapter 2 LICENSING AND LICENSE FEE RULES

Haw. Code R. § 4-60-2 Granting, suspending and revoking licenses

(a) HRS § 157-24(a) is made a part of this section. Upon finding that any grounds for denial exist, the board, prior to rendering a final decision, shall give reasonable notice to all interested parties and afford the license applicant an opportunity for hearing under section 91-9, HRS.

(b) HRS § 157-24(b) is made a part of this section. Upon finding that any ground for suspension, revocation, or refusal to renew a license exists, the licensee may be so informed in writing and requested to voluntarily surrender the license in the case of either a suspension or revocation. The same procedure shall apply during the period of license renewal. Should the licensee refuse to voluntarily surrender the license, the licensee shall then be given reasonable notice and afforded an opportunity for hearing under section 91-9, HRS.

History

[Eff 7/16/80; am and comp 12/1/85; comp 5/1/87] (Auth: HRS § 157-13) (Imp: HRS § 157-24)

Haw. Code R. § 4-60-3 Records of licensees

Licensees shall maintain and make available such records and information as considered necessary by the board.

History

[Eff 7/16/80; comp 12/1/85; comp 5/1/87] (Auth: HRS § 157-13) (Imp: HRS § 157-26)

Haw. Code R. § 4-60-4 License fees for the Honolulu milk shed

(a) The board establishes the following schedule of license fees to be paid by licensees:

(1) Each licensed producer shall pay a license fee of 632 of one percent of the gross value on all milk which the licensed producer delivers to a distributor or producer-distributor for processing;

(2) Each licensed distributor or producer-distributor shall pay a license fee of 632 of one per cent of the gross value on all milk which the licensed distributor or producer-distributor receives from licensed producers for processing;

(3) Each licensed producer-distributor shall pay a license fee of 1.264 per cent of the gross value on all milk produced by the licensed producer-distributor's dairy which the producer-distributor processes;

(4) Each licensed distributor or producer-distributor who processed any recombined, reconstituted or filled milk shall pay a license fee that is equivalent to the percentage value established in paragraph (2) converted to hundredweight on all of the milk processed; and

(5) Each licensed distributor or producer-distributor who receives milk produced elsewhere in the State of Hawaii from any source other than a licensed producer or producer-distributor shall pay a license fee of 632 of one per cent of the gross value on all whole milk received from the source or sources for processing or distribution.

(b) Within any milk shed, the board may suspend the collection of license fees or lower the license fee rate on the fifteenth day or at the end of any given month for the remainder of the current fiscal year if the board finds that the action will result in license fee collections sufficient to meet the expenditures necessary to administer chapter 157, HRS, within that milk shed for that fiscal year.

History

[Eff 7/16/80; am 6/1/81; am and comp 12/1/85; comp 5/1/87; am 1/1/91] (Auth: HRS § 157-13) (Imp: HRS § 157-23)

Haw. Code R. § 4-60-5 License fees for the Hawaii milk shed

(a) The board establishes the following schedule of license fees to be paid by licensees:

(1) Each licensed producer shall pay a license fee of 1.263 per cent of the gross value on all milk which the licensed producer delivers to a distributor or producer-distributor for processing;

(2) Each licensed distributor or producer-distributor shall pay a license fee of 1.263 per cent of the gross value on all milk which the licensed distributor or producer-distributor receives from licensed producers for processing;

(3) Each licensed producer-distributor shall pay a license fee of 2.527 per cent of the gross value on all milk produced by the licensed producer-distributor's dairy which the licensed producer-distributor processes;

(4) Each licensed distributor or producer-distributor who processes any recombined, reconstituted, or filled milk shall pay a license fee that is equivalent to the percentage value established in paragraph (2) converted to hundredweight on all the milk processed; and

(5) Each licensed distributor or producer-distributor who receives milk produced elsewhere in the State of Hawaii from any source other than a licensed producer or producer-distributor shall pay a license fee of 1.263 per cent of the gross value on all whole milk received from the source or sources for processing or distribution.

History

[Eff 7/16/80; am 6/1/81; am and comp 12/1/85; comp 5/1/87; am 1/1/91] (Auth: HRS § 157-13) (Imp: HRS § 157-23)

Haw. Code R. § 4-60-6 Withholding and remitting license fees

Distributors or producer-distributors shall withhold from any payments owing to a producer or producer-distributor for milk received, an amount equal to the license fee determined to be owing from that producer or producer-distributor and shall remit any withheld funds to the branch, together with the amount of the license fee determined to be owing from the distributor or producer-distributor not later than the fifteenth day of the month following delivery of milk. Itemization of the deductions and accounting for the remittances shall accompany the evidence of payments as required in subchapter 3.

History

[Eff 7/16/80; am and comp 12/1/85; am and comp 5/1/87] (Auth: HRS § 157-13) (Imp: HRS § 157-23)

Haw. Code R. § 4-60-7 Service fees

No compensation shall be paid to distributors or producer-distributors for any services rendered in withholding, collecting, and remitting license fees as provided in sections 4-60-4, 4-60-5, and 4-60-6.

History

[Eff 7/16/80; am and comp 12/1/85; am and comp 5/1/87] (Auth: HRS § 157-13) (Imp: HRS § 157-23)

Haw. Code R. § 4-60-8 Delegation of powers and authority regarding license fees

The board delegates all of its powers and authority under sections 4-60-4(b), 4-60-5(b), and 4-60-6 to the manager.

History

[Eff 7/16/80; am and comp 12/1/85; am and comp 5/1/87] (Auth: HRS § 157-13) (Imp: HRS § 157-11)

Subchapter 3 PRICE RULES

Haw. Code R. § 4-60-9 Minimum prices in the Honolulu milk shed

(a) Minimum prices to be paid by distributors or producer-distributors to producers or producerdistributors for fresh milk produced for sale in the Honolulu milk shed are established on the basis of the utilization for class I milk, class I skim milk, and class II milk as provided in this section. Upon petition by a producer or producerdistributor, the board may grant a waiver allowing the producer or producerdistributor to sell its milk at less than the minimum price if it is demonstrated that the lower price takes into consideration the standards for determining the minimum prices for milk set forth in section 157-32, Hawaii Revised Statutes.

(b) In the Honolulu milk shed, the minimum price per hundredweight for class I milk, based on milk with a butterfat content of 3.3 per cent, shall be established by order of the board based on the formula in subsection (e), provided that the minimum price per hundredweight for class I milk in the Honolulu milk shed shall remain at $27.20 until the board establishes a new minimum price, by order, based on the formula in subsection (e). Any minimum price established by order of the board shall be subject to the approval of the governor and the notification requirements of section 157-33, Hawaii Revised Statutes.

If the statutory authority to establish the minimum price, by order based on a formula, is repealed on June 30, 1998, the minimum price of class I milk in the Honolulu milk shed, based on milk with a butterfat content of 3.3 per cent, shall be established at $23.20 per hundredweight of milk, effective July 1, 1998. If the authority to establish the minimum price of class I milk in the Honolulu milk shed, by order based on a formula, is not repealed on June 30, 1998, the board or the manager shall continue to establish the minimum price by order based on the formula in subsection (e).

The minimum price for class I milk shall be increased by fourteen cents per hundredweight for each .1 per cent of butterfat above 3.3 per cent or shall be decreased by fourteen cents per hundredweight for each. 1 per cent of butterfat below 3.3 per cent. The minimum price for class I skim milk utilized in filled milk is established at the class I price less fourteen cents per hundredweight for each .1 per cent of butterfat up to 3.3 per cent to allow for the required usage of any fat or oil other than butterfat. The cost of butterfat shall be on a formula basis determined by the branch and distributor or producer-distributor. The formula shall be predicated upon the monthly average price of imported butterfat delivered to the processing plant, less reasonable costs incurred by the distributor or the producer-distributor, and shall be purchased by the processor at the established butterfat cost. A minimum class I fresh skim milk price shall be paid for all milk produced over and above the class I milk utilized in all other class I products and shall be allocated pro rata to all quota holders up to their monthly quotas. A distributor or producer-distributor may utilize class I skim milk produced in excess of the total monthly quotas provided that it is paid for at the above established price.

(c) The minimum price for class II milk is established on a formula basis to reflect the cost to the distributor or producer-distributor of replacing the constituents contained in class II milk. The formula shall be predicated upon the monthly average price of imported milk constituents delivered to the processing plant, less reasonable costs incurred by the distributor or producer-distributor in making the constituents available and usable in class II uses. On or before the eighth day of each calendar month, each distributor or producer-distributor shall report its computed replacement cost for milk constituents for the previous month based on the factors in this subsection. The replacement costs and computations therefore shall be subject to audit by the branch. In its monthly report, the distributor or producerdistributor shall report the total pounds of fresh milk utilized in class II uses. The branch shall then compute the total value of all fresh milk utilized in class II uses by each distributor or producer-distributor based on their prior month's replacement costs and shall then pool the costs of all distributors and producer-distributors to determine an average price for all class II milk utilized. Payments to producers shall be based upon the class II price.

(d) Actual plant shrinkage and route returns up to but not to exceed one per cent of the total fresh milk received for processing shall be paid for at the fresh milk replacement cost, class II price, or on a negotiated formula basis.

(e) The formula for determining the minimum price per hundredweight of class I milk in the Honolulu milk shed shall be:

The minimum price per hundredweight of class I milk in the Honolulu milk shed equals the California price plus $12.20.

(f) The board delegates all of its powers and authority under subsection (b) to the manager. By order and based on the formula in subsection (e), the manager may establish the minimum price for class I milk in the Honolulu milk shed subject to the approval of the governor and the notification requirements of section 157-33, Hawaii Revised Statutes.

History

[Eff 7/16/80; am 2/1/81; am and comp 12/1/85; am and comp 5/1/87; am 7/1/91; am 4/14/97; am 12/26/97; am 8/7/06; am 1/8/2015] (Auth: HRS §§, 157-13, 157- 31) (Imp: HRS §§ 157-31, 157-33)

Haw. Code R. § 4-60-10 Minimum prices in the Hawaii milk shed

(a) Minimum prices to be paid by distributors or producer-distributors to producers or producerdistributors for fresh milk produced for sale in the Hawaii milk shed are established on the basis of the utilization for class I milk, class I skim milk, and class II milk as provided in this section. Upon petition by a producer or producerdistributor, the board may grant a waiver allowing the producer or producerdistributor to sell its milk at less than the minimum price if it is demonstrated that the lower price takes into consideration the standards for determining the minimum prices for milk set forth in section 157-32, Hawaii Revised Statutes.

(b) The minimum price of class I milk is established at $29.53 per hundredweight of milk, based on milk with a butterfat content of 3.3 per cent. The minimum price for class I milk shall be increased by seven cents per hundredweight for each .1 percent of butterfat above 3.3 per cent up to and including 3.5 per cent or shall be decreased by seven cents per hundredweight for each .1 per cent of butterfat below 3.3 per cent. Minimum price for class I skim milk utilized in filled milk is established at the class I price less seven cents per hundredweight for each .1 per cent of butterfat up to 3.3 per cent to allow for the required-usage of any fat or oil other than butterfat. A minimum class I fresh skim milk price shall be paid for all milk produced over and above the class I milk utilized in all other class I products and will be allocated pro rata to all quota holders up to their monthly quotas. A distributor or producer-distributor may utilize class 1 skim milk produced in excess of the total monthly quotas provided that it is paid for at the above established price

(c) The minimum price for class II milk is established on a formula basis to reflect the cost to the distributor or producer-distributor of replacing the constituents contained in class II milk. The formula shall be predicated upon the monthly average price of imported milk constituents delivered to the processing plant, less reasonable costs incurred by the distributor or producer-distributor in making the constituents available and usable in class II uses. On or before the eighth day of each calendar month, each distributor or producer-distributor shall report its computed replacement cost for milk constituents for the previous month based on the factors in this subsection. The replacement costs and computations therefore shall be subject to audit by the branch. In its monthly report, the distributor or producer-distributor shall report the total pounds of fresh milk utilized in class II uses. The branch shall then compute the total value of all fresh milk utilized in class II uses by each distributor or producer-distributor based on their prior month's replacement costs and shall then pool the costs of all distributors and producer-distributors to determine an average price for all class II milk utilized. Payments to producers shall be based upon the class II price.

(d) Actual plant shrinkage and route returns up to, but not to exceed one per cent of the total fresh milk received for processing shall be paid for at the fresh milk replacement cost, class II price or on a negotiated formula basis.

History

[Eff 7/16/80; am 2/1/81; am and comp 12/1/85; am and comp 5/1/87; am 7/1/91; am 4/14/97; am 12/26/97; am 8/7/06; am 1/8/2015] (Auth: HRS §§, 157-13, 157- 31) (Imp: HRS §§ 157-31, 157-33)

Haw. Code R. § 4-60-11 Determination of utilization for payment

(a) In determining utilization of fresh milk for payment purposes, the quotas of each producer or producer-distributor shall be the basic guide in determining each producer's or producer-distributor's share of the class I requirements in the market. Class I requirements in any given month shall be prorated to quota holders to determine their share of class I utilization. Fresh milk produced and delivered in excess of total class I demand and declared to be class II or excess milk shall be paid for in a descending order. The monthly prorations for payment purposes, while serving to allocate class I requirements to all quota holders, shall not change the allocated quotas. Subsections (b) to (i) shall be used in making the prorations.

(b) If total class I utilization equals the total of the quotas allocated in the Honolulu milk shed or Hawaii milk shed, each producer or producer-distributor in its respective milk shed, shall be paid a class I price for production delivered.

(d) If, in a given month, total class I utilization is more than the total of the quotas in the Honolulu milk shed or Hawaii milk shed, each producer or producer-distributor, in its respective milk shed, shall receive a class I price for all milk produced and delivered within the producer or producer-distributor's quota and the remaining class I milk shall be distributed on a pro rata basis to all producers and producer-distributors with over quota production.

(e) If any producer or producer-distributor's total monthly fresh milk production delivered is less than the producer or producer-distributor's total monthly allocated quota, the pro rata share of the total class I utilization for the month shall be based on the producer or producer-distributor's total production delivered. Distribution of all milk utilized in class I pro rata shall be for milk produced and delivered within quota and the result of this formula of payments shall be a same blend price for each licensed producer or producer-distributor for milk produced and delivered within the producer or producer-distributor's total monthly quota.

(f) Fresh milk received from sources other than licensed producers or licensed producer-distributors within the State of Hawaii shall be considered as excess milk if there is adequate production from licensed producers or licensed producer-distributors to meet class I and class II requirements. If adequate fresh milk is produced to meet all class I but not class II requirements, then that fresh milk from other sources shall be deemed class II. If there is inadequate production to meet class I requirements, then that fresh milk from other sources shall be deemed class I.

(g) In computing utilization of milk, a distributor or producer-distributor may claim as plant shrinkage and route returns actual losses up to, but not to exceed, one per cent of the total amount of fresh milk received for processing, and payment therefore to producers or producer-distributors shall be at the class II price. Payment by distributors or producer-distributors for plant shrinkage and route returns in excess of one per cent of the total amount of fresh milk received for processing shall be made at class I price.

(h) To be considered as excess milk for pricing purposes, excess milk shall be of acceptable grade for all class I or class II use and shall have been made available for utilization. Excess milk may be disposed of by the distributor or producer-distributor in a manner that will realize the highest practical salvage value. Before disposing of excess milk by dumping or otherwise, the distributor or producer-distributor shall notify the branch and a representative of the branch shall certify such disposal. To establish a price to be paid producers or producer-distributors for excess milk within the excess pool, the following procedures shall prevail:

(A) Each distributor or producer-distributor, in each month's monthly report to the branch, shall report the volume and the salvage value of milk constituents, if any, of excess milk disposed of at the plant.

(B) The branch shall combine all the salvage values of milk constituents reported in subparagraph (a) as received from the various distributors and producer-distributors. The total of all salvage values shall then be divided by the total of the volume of excess milk reported in subparagraph (a) to determine the price per hundredweight of said excess milk and, on the basis of this price, the branch shall compute the obligation of distributors and producer-distributors to producers of excess milk.

(i) Whenever a distributor or producer-distributor rejects whole milk for any reason, a detailed accounting shall be submitted on a form prepared by the branch. Before disposing of rejected milk by dumping or otherwise, the distributor or producer-distributor shall notify the appropriate producer and the branch of the planned rejection and a representative of the branch shall certify to the disposition made of such rejected milk.

History

[Eff 7/16/80; am and comp 12/1/85; am and comp 5/1/87] (Auth: HRS § 157-13) (Imp: HRS § 157-33)

Haw. Code R. § 4-60-12 Method of payment

Payment to producers and producer-distributors under this chapter shall be made as follows:

(1) Each distributor or producer-distributor shall determine the total quantity of fresh milk and its butterfat content received from each producer or producer-distributor for each calendar month;

(2) The information for the month immediately preceding as set forth in paragraph (1) together with other information required by the branch, shall be submitted to the branch on forms provided by the branch, not later than the end of the eighth day of each month;

(3) The branch shall determine for each producer and producer-distributor the portion of the fresh milk delivered for which the producer and producer-distributor shall be paid class I price; the portion for which the producer and producer-distributor shall be paid class I fresh skim milk price; the portion for which the producer and producer-distributor shall be paid class II price; the portion for which the producer and producer-distributor shall be paid excess pool price; less proven plant shrinkage and route returns, as the case may be, compute the value of the milk in each classification with proper adjustment for butterfat differential; and report the information to each distributor and producer-distributor not later than the end of the fifteenth day of the month;

(4) Payments for fresh milk delivered in a given month shall be made to producers, producer-distributors or dairy cooperatives during the subsequent month as follows: A first payment of approximately fifty per cent of the total amount owed by the end of the tenth day of the month and the balance of the amount owed, as computed by the branch in paragraph (3) less authorized deductions, by the end of the twentieth day of the month. Evidence of such payment shall be filed with the branch by the twenty-fifth day of the month; and

(5) The branch shall compute each distributor and producer-distributor's obligation to a special trustee account known as the "Producers' Settlement Fund," which fund shall be administered by the branch and from which the branch shall make distribution and adjustment payments to distributors or producer-distributors to effectuate a marketwide pooling of milk produced for use in the Honolulu milk shed and Hawaii milk shed as follows:

(A) Value of plant utilization of milk. Multiply the volume of fresh milk reported by each distributor or producer-distributor as utilized in class I, in class II, and in the excess pool, if any, with proper adjustments for butterfat differential, plant shrinkage and route returns, by the appropriate price to determine the value of the plant utilization of milk;

(B) Amount owed producers for milk. Add the amounts owed to producers and producer-distributors by a distributor or producer-distributor as determined in paragraph (3) to determine the total amount owed to producers or producer-distributors for fresh milk delivered to said distributor or producer-distributor; and

(C) Computing producers' settlement fund. Compare the value of the plant utilization, as determined in subparagraph (A) above, with the total amount the distributor or producer-distributor owes producers and producer-distributors for fresh milk delivered, as determined in subparagraph (B) above. If the total of plant utilization, subparagraph (A) exceeds the distributor or producer-distributor's obligation to producersand producer-distributor, subparagraph (B), the distributor or producer-distributor shall pay the difference into the producers' settlement fund. If the distributor or producer-distributor's obligation to producers and producer-distributors, subparagraph (B), exceeds the value of plant utilization, subparagraph (A), the distributor or producer-distributor shall be paid the difference from the producers settlement fund. Payments by distributors and producer-distributors into the producers' settlement fund shall be made by the eighteenth day of the month following delivery of milk and payments from the fund to distributors and producer-distributors shall be made therefrom by the twenty-eighth day of said month.

History

[Eff 7/16/80; am and comp 12/1/85; am and comp 5/1/87] (Auth: HRS § 157-13) (Imp: HRS § 157-33)

Subchapter 4 GENERAL PROVISIONS

Haw. Code R. § 4-60-13 Milk production quotas in the Honolulu milk shed

(a) The board establishes the total daily production quota for the Honolulu milk shed at 3507.930 hundredweight or 4078.988 cans per day. The following is the pro rata distribution of the quota increase by licensed producers on April 1, 1989. The branch shall provide an annual report listing all licensed producers and their assigned quotas at the end of each fiscal year which reflects all quota increases and transfers granted within the milk shed during that year and shall become part of this section.

| | DAILY QUOTA | | | --- | --- | --- | | DAIRY NAME | (cwt) | cans | | Costa, Louis Dairy | 125.618 | 146.067 | | Ferreira Dairy | 52.109 | 60.592 | | Freitas, George Dairy | 214.289 | 249.173 | | Huanui Dairy | 118.085 | 137.308 | | Kaimi Farm | 130.594 | 151.854 | | Lucky S Dairy | 52.462 | 61.002 | | Maunawili Dairy | 141.026 | 163.984 | | Meadow Gold Farms | 596.525 | 693.634 | | Mountain View Dairy | 530.891 | 617.315 | | Toledo-Twin Pine Dairy | 699.213 | 813.038 | | U. H. Waialee | 12.508 | 14.544 | | Waimanalo Dairy, Inc. | 660.318 | 767.812 | | Wayne's Dairy | 174.292 | 202.665 | | TOTAL | 3507.930 | 4078.988 |

(b) The production quotas established in subsection (a) do not guarantee that all of the milk produced thereunder shall be utilized as class I in the Honolulu milk shed. The established quota may be considered as a quantity measure representing a producer's share of the estimated annual class I requirements of the market. Each month the total class I usage in the market shall be allocated on a pro rata basis to all quota holders and payment to them shall be determined accordingly. It shall be recognized that the class I requirements of the market vary from day to day and from one season of the year to another. Milk production is also subject to daily and seasonal variation. Producers cannot adjust their production to meet day to day changes in demand but they can make adjustments in their production pattern to compensate for seasonal changes. Producers shall be aware of changes in demand and adjust their production practices to maximize their operating income.

History

[Eff 7/16/80; am and comp 12/1/85; am and comp 5/1/87; am 4/1/89] (Auth: HRS § 157-13) (Imp: HRS §157.31)

Haw. Code R. § 4-60-14 Milk production quotas in the Hawaii milk shed

(a) The total daily production quota for the Hawaii milk shed shall be 621 hundredweight or 722.09 cans per day. The daily production quota shall be distributed pro rata to all licensed producers or producer-distributors in the Hawaii milk shed based on their assigned daily production quota at the end of the month prior to the effective date of this amendment. A licensed producer or producer-distributor may refuse, in writing, to accept all or part of their pro rata increase in daily production quota. Any quota increase that is refused shall be distributed pro rata to the remaining licensed producers or producer-distributors based on their new daily production quota. The branch shall provide the board with a report showing the distribution of the daily production quota at the next board meeting following the effective date if this amendment and an annual report listing all licensed producers and their assigned quotas at the end of each fiscal year which reflects all quota increases and transfers granted within the milk shed during that year. These reports to the board shall become part of this section and shall supercede and replace any prior dated reports which have been made part of this section.

(b) The production quotas established in subsection (a) do not guarantee that all of the milk produced thereunder shall be utilized as class I in the Hawaii milk shed. The established quota may be considered as a quantity measure representing a producer's share of the estimated annual class I requirements of the market. Each month the total class I usage in the market shall be allocated on a pro rata basis to all quota holders and payment to them shall be determined accordingly. It shall be recognized that the class I requirements of the market vary from day to day and from one season of the year to another. Milk production is also subject to daily and seasonal variations. Producers cannot adjust their production to meet day to day changes in demand but they can make adjustments in their production pattern to compensate for seasonal changes. Producers shall be aware of changes in demand and adjust their production practices to maximize their operating income.

History

[Eff 7/16/80; am 9/1/81; am and comp 12/1/85; am and comp 5/1/87; am 9/1/89; am 10/1/92; am 1/30/93; am 10/4/97] (Auth: HRS § 157-13) (Imp: HRS § 157-31)

Haw. Code R. § 4-60-15 Readjustment of quotas

(a) Quotas established pursuant to sections 4-60-13 and 4-60-14 may be forfeited by the producer or producer-distributor if the producer or producer-distributor fails to produce and deliver milk in accordance with the following:

(1) A producer or producer-distributor shall produce and deliver not less than ninety per cent of the producer or producer-distributor's quota by the end of the ninety-day period immediately following the establishment of said quota. If the board increases established quotas because of increase in demand, the producers shall be given a six-month period after the effective date to increase their production and this section shall be suspended for this period;

(2) Thereafter, during periods of insufficient milk production in the milk shed, any producer or producer-distributor who fails for two consecutive calendar months, during the period including December through August, to maintain average daily production at a minimum of ninety per cent of the producer or producer-distributor's established quota may be required by the board to forfeit any portion of quota that the producer or producer-distributor has failed to produce and deliver, unless such lesser production is required by operation of law or in writing by the board as a result of an estimated decrease in market requirements; and

(3) For the purpose of this section, a condition of inadequate production in a given calendar month shall be deemed to exist when the total production and delivery of milk acceptable for Grade A use in the milk shed does not exceed the sum of the class I utilization and the class II utilization allowed for plant shrinkage as reported to the branch by the distributors and producer-distributors.

(b) Quota forfeited pursuant to subsection (a) (2) may, at the discretion of the board, be retired from the milk shed, held in reserve for future use, or reallocated to other producers and producer-distributors.

(1) If reallocated, the forfeited quota shall be distributed to producers and producer-distributors who are producing more than one hundred per cent of their production quota in the calendar month preceding the date of quota forfeiture. Quota shall be distributed in such a way that the production level of each eligible producer and producer-distributor equals one hundred per cent of its newly adjusted quota. If the forfeited quota is insufficient to accomplish this, it shall be distributed proportionally based on the percentage by which each producer's or producer-distributor's production exceeds its quota on the forfeiture date. Eligible producers and producer-distributors may refuse additional quota by submitting a written refusal to the branch.

(2) All forfeited quota that remains after reallocation shall be held in reserve and reallocated, to producers or producer-distributors who later produce above established quota in the manner described in paragraph (1) or (3).

(3) Producers and producer-distributors may request at any time an allocation of quota from the reserve when their production is above ninety per cent of quota or up to and including one hundred per cent of quota for the preceding calendar month and for any nine of the twelve months preceding the quota reallocation request. Before receiving reallocated quota, a producer or producer-distributor in this category shall submit to the board a written commitment to produce its share of the reallocated quota within six months of the reallocation effective date, along with a written plan of action indicating how the quota will be met. Quota shall be allocated in such a way that the recipients's production level is at or above ninety per cent of its newly adjusted quota. Failure to meet the newly adjusted quota within the six months shall result in forfeiture in accordance with subsection (a). The provision which requires production above ninety per cent of quota or up to and including one hundred per cent of quota for any nine of the twelve months before the quota reallocation date, may be waived for the first six months after the effective date of this subsection.

History

[Eff 7/16/80; am and comp 12/1/85; am and comp 5/1/87; am 1/30/93] (Auth: HRS § 157-13) (Imp: HRS § 157-34)

Haw. Code R. § 4-60-16 Transfers

(a) The individual quotas established by the board to producers and producer-distributors listed in sections 4-60-16 and 4-60-14 shall be evidenced by a quota certificate which shall contain the following:

(1) The name and business address of the producer or producer-distributor to whom issued;

(2) The amount of quota allocated to the producer or producer-distributor expressed in hundredweight and cans of whole milk per day; and

(3) Any additional information which the manager may designate.

(b) No assignment, sale, or other transfer of the quota or any part thereof or interest therein (including a security interest, as that term is defined in the Uniform Commercial Code, chapter 490, Hawaii Revised Statutes), shall be valid without prior written approval of the manager.

(c) Not less than ten days before the proposed effective date of any assignment, sale, or other transfer of the quota or any part thereof or interest therein, the transferor shall submit a request, on a form prepared by the manager, for approval together with such information as the manager may require concerning the details of the proposed transaction. Transfers by sale shall, when possible, become effective the first day of the month following approval.

(d) The manager shall, within a reasonable time after receipt of the request for approval, notify the transferor of approval or disapproval of said request.

(e) Upon approval of a transfer request, the following procedure shall apply:

(1) The transferor shall present to the manager the transferor's quota certificate, properly endorsed by all parties to said transfer; indication whether the transfer is by sale, assignment, pledge as security, or otherwise; and the amount of the quota so transferred, expressed in terms of hundredweight and cans of whole milk per day;

(2) Upon presentation of the quota certificate, the manager shall record, in a permanent record kept by the manager for this purpose, the names and addresses of the transferor and the transferee; the amount of the quota so transferred; whether the transfer is by sale, assignment, or otherwise; the number of the quota certificate presented; the number of any new quota certificate issued as set out in this section; and the effective date of such transfer;

(3) After the recording, the manager, in the case of a sale or assignment, shall cancel the old quota certificate and issue a new quota certificate or quota certificates to the transferor or transferee or both, as the case may be. For other types of transfers not requiring immediate cancellation of the old quota certificate, such quota certificate properly endorsed shall be returned to the transferor for transmittal to the transferee; and

(4) The transferee, after the recording and upon the receipt of the quota certificate, shall acquire all of the rights of the transferor to that portion of the quota so transferred, free from any adverse claim or condition except as may have existed against the original quota certificate or as may be agreed upon by the parties to such transfer. Where the transfer is merely intended to convey a security interest to the transferee, the transferor may continue to produce the amount of the quota so transferred.

(f) From the daily production quota established, the manager shall periodically compile and distribute to all interested parties a listing of licensed producers and producer-distributors reflecting all interim quota transfers, increases, decreases, or other changes altering any individual quota or the total daily production quota as follows:

(1) License number;

(2) Name and address of producers or producer-distributors;

(3) Daily quota in hundredweight and cans;

(4) Per cent of market held; and

(5) Effective date of change.

(g) Upon loss of a quota certificate, the following procedure shall apply:

(1) The holder of a quota certificate, within reasonable time after the certificate has been lost, stolen, or destroyed, shall notify the manager in writing of that fact and request the cancellation of the lost, stolen, or destroyed quota certificate and the issuance of a new quota certificate in its place;

(2) The manager may require satisfactory proof as to the circumstances concerning the loss, destruction, or wrongful taking of such quota certificate, and may require that the record quota certificate holder requesting the new quota certificate post an indemnity bond in an amount to be determined by the manager;

(3) If, in the opinion of the manager, the record quota certificate holder has complied in all respects with the requirements of paragraph (2) the manager shall cancel the lost, stolen, or destroyed quota certificate and shall issue to the owner thereof a new quota certificate in its place;

(4) Upon written notice to the manager by the owner that the quota certificate is missing, any attempted transfer of the quota represented by the missing quota certificate other than as provided, shall be void; and

(5) The recording of the cancellation and issuance of any new quota certificate pursuant to the provisions of paragraph (1) shall, where applicable, be in a manner provided for the transfer of quota certificate as set out in subsection (e).

History

[Eff 7/16/80; am and comp 12/1/85; am and comp 5/1/87] (Auth: HRS § 157-34) (Imp: HRS § 157-34)

Haw. Code R. § 4-60-17 Delegation of powers and authority regarding quota transfers

The board delegates all of its powers and authority under section 4-60-16 to the manager, milk control branch.

History

[Eff 7/16/80; am and comp 12/1/85; am and comp 5/1/87] (Auth: HRS § 157-13) (Imp: HRS § 157-13)

Haw. Code R. § 4-60-18 Rule of construction

The production quotas established by this chapter shall not in any way be interpreted to restrict or burden any milk being transported in interstate commerce."

History

[Eff 7/16/80; am and comp 12/1/85; am and comp 5/1/87] (Auth: HRS § 157-13) (Imp: HRS § 157-42)

Subtitle 6 DEPARTMENT OF AGRICULTURE

Chapter 66 PESTICIDES

Haw. Code R. § 4-66-1 Objectives

The objectives of these rules are to implement the requirements of chapter 149A, Hawaii Revised Statutes (HRS), which provides for the registration, licensing, certification, recordkeeping, usage, and other activities related to the safe and efficacious use of pesticides.

History

[Eff. 7/13/81; comp DEC 16 2006] (Auth: HRS § 149A-33) (Imp: HRS § 149A-33)

Haw. Code R. § 4-66-2 Definitions

As used in this chapter:

"Act" means the Hawaii Pesticides Law, chapter 149A, Hawaii Revised Statutes.

"Adjuvant" means any substance added to a spray tank to improve and enhance the performance of the pesticide being applied.

"Agricultural commodity" means any plant, or plant product, or animal or animal product, produced by, but not limited to, farmers, ranchers, vineyardists, plant propagators, aquaculturists, floriculturists, orchardists, foresters, or other comparable persons for sale.

"Board" means board of agriculture.

"Certification" means the authorization granted by the state or federal government to a person to use, handle, or supervise the use of restricted use pesticides.

"Certification standard" means a requirement for certification.

"Changed use pattern" means a significant change from a use pattern approved in connection with the registration of a pesticide product. Examples of significant changes include, but are not limited to, changes from nonfood to food use, outdoor to indoor use, ground to aerial application, terrestrial to aquatic use, and nondomestic to domestic use.

"Chemigation" means applying pesticides through irrigation systems.

"Commercial applicator" or "commercial pesticide applicator" means a certified applicator, whether or not a private applicator with respect to some uses, who uses or supervises the use of any pesticide that is classified for restricted use for any purpose or on any property other than as provided by the definition of "Private pesticide applicator" in section 149A-2, Hawaii Revised Statutes.

"Competent" means the state of being able and qualified to perform a particular function in pesticide application, the degree of competence being directly related to the nature of the activity and the associated responsibility.

"Department" means the State of Hawaii, Department of Agriculture.

"Domestic application" means application of a pesticide directly to humans or pets, or application of a pesticide in, on, or around all structures, vehicles, or areas associated with the household or home life, patient care areas of health related institutions, or areas where children spend time, including but not limited to:

(1) Gardens, non-commercial greenhouses, yards, patios, houses, pleasure marine craft, mobile homes, campers and recreational vehicles, noncommercial campsites, home swimming pools and kennels;

(2) Articles, objects, devices or surfaces handled or contacted by humans or pets in all structures, vehicles or areas listed above;

(3) Patient care areas of nursing homes, mental institutions, hospitals, and convalescent homes; and

(4) Educational, lounging and recreational areas of preschools, nurseries and day camps.

"Drift" or "pesticide spray drift" means the movement of pesticide dust or droplets through the air at the time of application or soon after, to any site other than the area intended.

"Enclosed space production" or "greenhouse production" means production of an agricultural plant indoors or in a structure or space that is covered in whole or in part by any nonporous covering and that is large enough to permit a person to enter.

"Environment" includes water, air, land, and all plants and humans and other animals living therein, and the interrelationships that exist among these.

"EPA" means the United States Environmental Protection Agency.

"FIFRA" means the Federal Insecticide, Fungicide, and Rodenticide Act, title 7 United States Code (USC) sections 136 et seq., as amended.

"Finished bait" means an end use bait product that requires no preparation or mixing.

"Front panel" means that portion of the label of a pesticide product that is ordinarily visible to the purchaser under the usual conditions of display for sale.

"Fungicide" means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any fungus, bacterium, or virus. Fungicides include:

(1) Products intended for use as seed or plant treatments to destroy or prevent fungus diseases;

(2) Products intended for use in disinfecting, sanitizing, or sterilizing premises or other inanimate objects to prevent or destroy organisms that cause diseases of humans or other animals;

(3) Products for use in reducing bacterial counts in water or air; and

(4) Products intended for use as wood preservatives that prevent rot or decay in wood by preventing or destroying organisms which cause decay or rot; Products not considered fungicides include:

(1) Products intended for use in preventing or destroying any fungus or virus on or in living man or other animals and those on or in processed food, beverages or pharmaceuticals (the term processed foods includes processed animal feed and the term pharmaceuticals is intended to include cosmetics); and

(2) Paints that are treated to protect the paint itself and bear no claim for preventing or destroying fungi after application to any surface.

"Hazard" means a situation where there exists a possibility that a given pesticide will cause injury or have unreasonable adverse effects on the environment.

"Head" means the administrative head of the division of plant industry, Hawaii department of agriculture, or any officer or employee to whom authority has been duly delegated.

"Herbicide" means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any weed including any algae or other aquatic weed, or any plant parts growing where not wanted.

"Insecticide" means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any insect. The term shall not include pharmaceutical products approved by the United States Food and Drug Administration for use, under prescription by a licensed physician on humans or by a licensed veterinarian on animals.

"LC₅₀" means a concentration of substance, expressed as parts per million parts of medium, which is lethal to fifty per cent of the test population of animals under test conditions acceptable for registration under FIFRA.

"LD₅₀" means a single dermal or oral dose of a substance, expressed as milligrams per kilogram (mg/kg) of body weight, which is lethal to fifty per cent of the test population of animals under test conditions acceptable for registration under FIFRA.

"License" means the process of being allowed to register a pesticide product pursuant to provisions of chapter 149A, Hawaii Revised Statutes.

"Licensed sales outlet" or "Dealer" means a specified site authorized by annual permit to sell or distribute restricted use pesticides pursuant to section 149A-17, Hawaii Revised Statutes, where restricted use pesticides are kept for sale or distribution and where records of such sale, distribution, or disposition of restricted use pesticides are kept and that meet the requirements established in section 4-66-52.

"Licensed pesticide dealer representative" or "pesticide dealer representative" means a person authorized to sell restricted use pesticides in a permitted sales outlet and who has successfully passed an examination required by the head and obtained a permit pursuant to section 4-66-52.

"Licensee" means a person who has been licensed to register a product pursuant to the provisions of section 149A-13, Hawaii Revised Statutes.

"Mode of action" means the manner that a pesticide impacts key biochemical processes responsible for its effect.

"Nematicide" or "Nematocide" means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating nematodes inhabiting soil, water, plants, or plant parts.

"Non-target organisms" means those flora and fauna (including humans) that are not intended to be controlled, injured, killed, or detrimentally affected in any way by a pesticide.

"Permittee" means any applicant to whom a permit has been granted.

"Person" means any individual, firm, corporation, association, or partnership or any organized group of persons whether incorporated or not.

"Personal protective equipment" (PPE) means devices and apparel that are worn to protect the body from contact with pesticides or pesticide residues, including, but not limited to, coveralls, chemical-resistant suits, chemical-resistant gloves, chemical-resistant footwear, respiratory protection devices, chemical resistant aprons, chemical-resistant headgear, and protective eyewear, as further defined in title 40, Code of Federal Regulations section 170.507 (2018).

"Pesticide" means:

(1) Any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest; and

(2) Any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant.

A product that is not intended to prevent, destroy, repel, or mitigate a pest, or to defoliate, desiccate or regulate the growth of plants, is not considered to be a pesticide. The following types of products or articles are not considered to be pesticides unless a pesticidal claim is made on the label or in connection with the sale and distribution:

(a) Deodorizers, bleaches, and cleaning agents;

(b) Products not containing toxicants, intended only to attract pests for survey or detection purposes, and labeled accordingly; and

(c) Products that are intended to exclude pests only by providing a physical barrier against pest access, and that contain no toxicants, such as certain pruning paints to trees.

"Private pesticide applicator" or "private applicator" means a certified pesticide applicator who uses or supervises the use of any pesticide that is classified for restricted use for purposes of producing any agricultural commodity on property owned or rented by the applicator or the applicator's employer or if applied without compensation other than trading of personal services between producers of agricultural commodities on the property of another person.

"Reasonable" means that which is appropriate, fair and sensible for a particular situation as understood by a person of average caution under the same or similar circumstances.

"Reentry" means the action of entering an area or site where a pesticide has been applied.

"Rodenticide" means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating animals belonging to the Order Rodentia of the Class Mammalia such as rats, mice, gophers, rabbits, hares, and closely related species.

"Runoff" means rainfall or snowmelt events that flow over land or impervious surfaces, such as paved streets, parking lots, and building roof tops, that directly enters into lakes, rivers, wetlands, coastal waters, or other surface waters, and does not soak into the ground.

"Surface water" means water upon the surface of the earth in bounds created naturally or artificially including, but not limited to, lakes, rivers, ponds, streams, other watercourses, reservoirs, and coastal waters subject to the jurisdiction of the State of Hawaii. Water from natural springs is surface water when it exits from the spring onto the earth's surface.

"Under the direct supervision of a certified applicator" means that, unless otherwise prescribed by a pesticide's labeling, a pesticide shall be considered to be applied under the direct supervision of a certified applicator if it is applied by a competent person acting under the instructions and control of a certified applicator who is immediately able to communicate with the non-certified applicator, even though the certified applicator is not physically present at the time and place the pesticide is applied, and as further defined in section 171.201 of title 40, Code of Federal Regulations (2018).

"Unreasonable adverse effects on the environment" means any unreasonable risk to humans or the environment, taking into account the economic, social, and environmental costs and benefits of the use of the pesticide.

"Use" or "to use a pesticide" means any of the following:

(1) Pre-application activities involving mixing and loading the pesticide.

(2) Applying the pesticide, including, but not limited to, supervising the use of a pesticide by a non-certified applicator.

(3) Other pesticide-related activities, including, but not limited to, transporting or storing pesticide containers that have been opened, cleaning equipment, and disposing of excess pesticides, spray mix, equipment wash waters, pesticide containers, and other pesticide-containing materials.

"Use pattern" means the manner in which a pesticide is applied and includes the following parameters of pesticide application:

(1) Target pest;

(2) Crop or animals treated;

(3) Application site; and

(4) Application technique, rate and frequency.

History

[Eff. 7/13/81; am and comp DEC 16 2006] (Auth: HRS § 149A-33) (Imp: HRS § 149A-33)

Haw. Code R. § 4-66-3 Administration, enforcement, and penalty

The head may take any action as may be necessary in the administration and enforcement of the Act, these rules, and the penalty provisions as provided by law.

History

[Eff. 7/13/81; am and comp DEC 16 2006] (Auth: HRS § 149A-33) (Imp: HRS § 149A-33)

Haw. Code R. § 4-66-4 Incorporation of 40 CFR part 156 (2017); contents of the pesticide label; generally

(a) Title 40, part 156, Code of Federal Regulations (CFR), published by the Office of the Federal Register, as amended as of July 1, 2 017, is made a part of this chapter subject to the substitutions and amendments set forth in sections 4-66-4 to 4-66-31. 40 CFR part 156 (2017), adopted ________________, is appended at the end of this chapter.

(b) 40 CFR section 156.10(a)(1) (2017) is incorporated in this section. The federal term "Act" in 40 CFR section 156.10(a)(1) (2017) is supplemented with the indicated state term, as incorporated and amended in this section:

"Act" includes the Hawaii Pesticides Law, chapter 149A, Hawaii Revised Statutes.

History

[Eff. 7/13/81; am and comp DEC 16 2006] (Auth: HRS §§ 149A-15, 149A-33, 40 CFR §156.10) (Imp: HRS §§ 149A-15, 149A-33, 40 CFR §156.10)

Haw. Code R. § 4-66-5 Label; name, brand, or trademark

40 CFR section 156.10(b)(1) (2017) is incorporated in this section. The federal terms "Administrator" and "Registration" in 40 CFR section 156.10(b)(1) (2017) are supplemented with the indicated state term, as incorporated and amended in this section:

(1) "Administrator" includes the administrative head of the division of plant industry, Hawaii department of agriculture, or any officer or employee to whom authority has been duly delegated.

(2) "Registration" includes the state term "license", which means the process of being allowed to register a pesticide product pursuant to the provisions of chapter 149A, Hawaii Revised Statutes.

History

[Eff. 7/13/81; comp DEC 16 2006] (Auth: HRS §§ 149A-14, 149A-33, 40 CFR §156.10) (Imp: HRS §§ 149A-15, 149A-33, 40 CFR §156.10)

Haw. Code R. § 4-66-6 Label; name and address of producer, registrant, or person for whom produced

40 CFR section 156.10(c) (2017) is incorporated in this section.

History

[Eff. 7/13/81; comp DEC 16 2006] (Auth: HRS §§ 149A-15, 149A-33, 40 CFR §156.10) (Imp: HRS §§ 149A-15, 149A-33, 40 CFR §156.10)

Haw. Code R. § 4-66-7 Label; net weight or measure of contents

40 CFR section 156.10(d) (2017) is incorporated in this section.

History

[Eff. 7/13/81; am and comp DEC 16 2006] (Auth: HRS §§ 149A-15, 149A-33, 40 CFR §156.10) (Imp: HRS §§ 149A-15, 149A-33, 40 CFR §156.10)

Haw. Code R. § 4-66-8 Label; product registration number

40 CFR section 156.10(e) (2017) is incorporated in this section.

History

[Eff. 7/13/81; comp DEC 16 2006] (Auth: HRS §§ 149A-15, 149A-33, 40 CER §156.10) (Imp: HRS §§ 149A-15, 149A-33, 40 CFR §156.10)

Haw. Code R. § 4-66-9 Label; producing establishment registration number

40 CFR section 156.10(f) (2017) is incorporated in this section.

History

[Eff. 7/13/81; comp DEC 16 2006] (Auth: HRS §§ 149A-15, 149A-33, 40 CFR §156.10) (Imp: HRS §§ 149A-15, 149A-33, 40 CFR §156.10)

Haw. Code R. § 4-66-10 Label; ingredient statement; generally

40 CFR section 156.10(g)(1) (2017) is incorporated in this section.

History

[Eff. 7/13/81; comp DEC 16 2006] (Auth: HRS §§ 149A-15, 149A-33, 40 CFR §156.10) (Imp: HRS §§ 149A-15, 149A-33, 40 CFR §156.10)

Haw. Code R. § 4-66-11 Label; position of ingredient statement

40 CFR section 156.10(g) (2) (i) to (ii) (2017) is incorporated in this section.

History

[Eff. 7/13/81; comp DEC 16 2006] (Auth: HRS §§ 149A-15, 149A-33, 40 CFR §156.10) (Imp: HRS §§ 149A-15, 149A-33, 40 CFR §156.10)

Haw. Code R. § 4-66-12 Label; names to be used in ingredient statement

40 CFR section 156.10(g)(3) (2017) is incorporated in this section.

History

[Eff. 7/13/81; comp DEC 16 2006] (Auth: HRS §§ 149A-15, 149A-33, 40 CFR §156.10) (Imp: HRS §§ 149A-15, 149A-33, 40 CFR §156.10)

Haw. Code R. § 4-66-13 Label; statements of percentages

40 CFR section 156.10(g) (4) (2017) is incorporated in this section.

History

[Eff. 7/13/81; comp DEC 16 2006] (Auth: HRS §§ 149A-15, 149A-33, 40 CFR §156.10) (Imp: HRS §§ 149A-15, 149A-33, 40 CFR §156.10)

Haw. Code R. § 4-66-14 Label; accuracy of stated percentages

40 CFR section 156.10(g)(5) (2017) is incorporated in this section.

History

[Eff. 7/13/81; comp DEC 16 2006] (Auth: HRS §§ 149A-15, 149A-33, 40 CFR §156.10) (Imp: HRS §§ 149A-15, 149A-33, 40 CFR §156.10)

Haw. Code R. § 4-66-15 Label; deterioration

40 CFR section 156.10(g)(6) (2017) is incorporated in this section.

History

[Eff. 7/13/81; comp DEC 16 2006] (Auth: HRS §§ 149A-15, 149A-33, 40 CFR §156.10) (Imp: HRS §§ 149A-15, 149A-33, 40 CFR §156.10)

Haw. Code R. § 4-66-16 Label; inert ingredients

4 0 CFR section 156.10(g)(7) (2017) is incorporated in this section.

History

[Eff. 7/13/81; comp DEC 16 2006] (Auth: HRS §§ 149A-15, 149A-33, 40 CFR §156.10) (Imp: HRS §§ 149A-15, 149A-33, 40 CFR §156.10)

Haw. Code R. § 4-66-17 Label; warning and precautionary statements; generally

40 CFR section 156.60 (2017) is incorporated in this section.

History

[Eff. 7/13/81; am and comp DEC 16 2006] (Auth: HRS §§ 149A-15, 149A-33, 40 CFR §156.60) (Imp: HRS §§ 149A-15, 149A-33, 40 CFR §156.60)

Haw. Code R. § 4-66-18 Label; required front panel statements

40 CFR sections 156.62, 156.64, 156.66, and 156.68 (2017) are incorporated in this section.

History

[Eff. 7/13/81; am and comp DEC 16 2006] (Auth: HRS §§ 149A-15, 149A-33, 40 CFR §§156.60 - 156.68) (Imp: HRS §§ 149A-15, 149A-33, 40 CFR §§156.60 - 156.68)

Haw. Code R. § 4-66-19 Label; other required warnings and precautionary statements

40 CFR sections 156.70 and 156.78 (2017) are incorporated in this section.

History

[Eff. 7/13/81; comp DEC 16 2006] (Auth: HRS §§ 149A-15, 149A-33, 40 CFR §§156.70, 156.78, 156.80 and 156.85) (Imp: HRS §§ 149A-15, 149A-33, 40 CFR §§ 156.70, 156.78, 156.80 and 156.85)

Haw. Code R. § 4-66-20 Label; directions for use; generally

40 CFR section 156.10(i)(1)(i) (2017) is incorporated in this section.

History

[Eff. 7/13/81; am and comp DEC 16 2006] (Auth: HRS §§ 149A-15, 149A-33, 40 CFR §15, 6.10) (Imp: HRS §§ 149A-15, 149A-33, 40 CFR §156.10)

Haw. Code R. § 4-66-21 Label; placement of directions for use

40 CFR section 156.10(i)(1)(ii) (2017) is incorporated in this section.

History

[Eff. 7/13/81; am and comp DEC 16 2006] (Auth: HRS §§ 149A-15, 149A-33, 40 CFR §156.10) (Imp: HRS §§ 149A-15, 149A-33, 40 CFR §156.10)

Haw. Code R. § 4-66-22 Label; exceptions to requirement for directions for use

40 CFR section 156.10(i) (1) (iii) (A) to (C) (2017) is incorporated in this section.

History

[Eff. 7/13/81; am and comp DEC 16 2006] (Auth: HRS §§ 149A-15, 149A-33, 40 CFR §156.10) (Imp: HRS §§ 149A-15, 149A-33, 40 CFR §156.10)

Haw. Code R. § 4-66-23 Label; contents of directions for use

40 CFR section 156.10(i) (2) (2017) is incorporated in this section.

History

[Eff. 7/13/81; am and comp DEC 16 2006] (Auth: HRS §§ 149A-15, 149A-33, 40 CFR §156.10) (Imp: HRS §§ 149A-15, 149A-33, 40 CFR §156.10)

Haw. Code R. § 4-66-24 Label; statement of use classification; generally

40 CFR section 156.10(j) (2017) is incorporated in this section. The federal term "General use" in 40 CFR section 156.10(j) (2017) is replaced by the indicated state term, as incorporated and amended in this section:

"General use" is replaced with the state term "nonrestricted".

History

[Eff. 7/13/81; am and comp DEC 16 2006] (Auth: HRS §§ 149A-15, 149A-33, 40 CFR §156.10) (Imp: HRS §§ 149A-15, 149A-33, 40 CFR §156.10)

Haw. Code R. § 4-66-25 [Repealed]

History

Eff. 7/13/81; R

Haw. Code R. § 4-66-26 Label; restricted use classification

40 CFR section 156.10(j) (2) (2017) is incorporated in this section. 40 CFR section 156.10(j) (2) (i) (B) (2017) is replaced by the indicated paragraph, as incorporated and amended in this section:

"Directly below this statement on the front panel, a summary statement of the terms of restriction imposed as a precondition to registration shall appear. If use is restricted to certified applicators, the following statement is required: "For retail sale to and use only by Certified Applicators or persons under their direct supervision and only for those uses covered by the Certified Applicator's certification." If the head determines that other State regulatory restrictions shall be imposed for the protection of the public, the head may require appropriate terms of restriction as a condition of licensing.

History

[Eff. 7/13/81; comp DEC 16 2006] (Auth: HRS §§ 149A-15, 149A-33, 40 CFR §158.10) (Imp: HRS §§ 149A-15, 149A-33, 40 CFR §156.10)

Haw. Code R. § 4-66-27 Label; prominence and legibility

40 CFR section 156.10(a) (2) (2017) is incorporated in this section. The federal terms "Act" and "Regulation" in 4 0 CFR section 156.10(a) (2) (2017) are supplemented with the indicated state terms, as incorporated and amended in this section:

(1) "Act" includes the Hawaii Pesticides Law, chapter 149A, Hawaii Revised Statutes.

(2) "Regulation" includes the state term "rule", which refers to title 4, Hawaii Administrative Rules.

History

[Eff. 7/13/81; comp DEC 16 2006] (Auth: HRS §§ 149A-15, 149A-33, 40 CFR §156.10) (Imp: HRS §§ 149A-15, 149A-33, 40 CFR §156.10)

Haw. Code R. § 4-66-28 Label; language to be used

40 CFR section 156.10(a) (3) (2017) is incorporated in this section. The federal term "Agency" in 40 CFR section 156.10(a)(3) (2017) is supplemented with the indicated state term, as incorporated and amended in this section:

"Head" means the administrative head of the division of plant industry, Hawaii department of agriculture, or any officer or employee to whom authority has been duly delegated.

History

[Eff. 7/13/81; am and comp DEC 16 2006] (Auth: HRS §§ 149A-15, 149A-33, 40 CFR §156.10) (Imp: HRS §§ 149A-15, 149A-33, 40 CFR §156.10)

Haw. Code R. § 4-66-29 Label; placement

40 CFR section 156.10(a)(4)(i) to (ii) (2017) is incorporated in this section. The federal term "Act" in 40 CFR section 156.10(a) (4) (i) to (ii) (2017) is supplemented by the indicated state term, as incorporated and amended in this section:

"Act" includes the Hawaii Pesticides Law, chapter 149A, Hawaii Revised Statutes.

History

[Eff. 7/13/81; am and comp DEC 16 2006] (Auth: HRS §§ 149A-15, 149A-33, 40 CFR §156.10) (Imp: HRS §§ 149A-15, 149A-33, 40 CFR §156.10)

Haw. Code R. § 4-66-30 Label; false or misleading statements

(a) 40 CFR section 156.10(a)(5) (2017) is incorporated in this section.

(b) The federal terms "Act" and "Regulation" in 40 CFR section 156.10(a) (5) (2017) are supplemented with the indicated state term, as incorporated and amended in this section:

(1) "Act" includes the Hawaii Pesticides Law, chapter 149A, Hawaii Revised Statutes, and citation to section 149A-2, Hawaii Revised Statutes.

(2) "Regulation" includes the state term "rule", which refers to title 4, Hawaii Administrative Rules.

(c) The federal term "device" in 40 CFR section 156.10(a) (5) (2017) is replaced by the indicated state term, as incorporated and amended in this section:

(1) "Device" is replaced with the state term "nonchemical pest control device".

History

[Eff. 7/13/81; am and comp DEC 16 2006] (Auth: HRS §§ 149A-15, 149A-33, 40 CFR §156.10) (Imp: HRS §§ 149A-15, 149A-33, 40 CFR §156.10)

Haw. Code R. § 4-66-31 Label; final printed form

(a) 40 CFR section 156.10(a)(6)(i) to (ii) (2017) is incorporated in this section.

(b) The federal terms "Agency" and "Registration" in 40 CFR section 156.10(a)(6)(i) to (ii) (2017) are supplemented with the indicated state term, as incorporated and amended in this section:

(1) "Agency" includes the state term "head", which means the administrative head of the division of plant industry, Hawaii department of agriculture, or any officer or employee to whom authority has been duly delegated.

(2) "Registration" includes the state term "license", which means the process of being allowed to register a pesticide product pursuant to the provisions of chapter 149A, Hawaii Revised Statutes.

(c) The federal term "microfilm" in 40 CFR section 156.10(a)(6)(ii) (2017) is replaced by the indicated state term, as incorporated and amended in this section.-

(1) "Microfilm" is replaced with the state term "text. PDF or similar format".

History

[Eff. 7/13/81; am and comp DEC 16 2006] (Auth: HRS §§ 149A-15, 149A-33, 40 CFR §156.10) (Imp: HRS §§ 149A-15, 149A-33, 40 CFR §156.10)

Haw. Code R. § 4-66-32 Restricted use pesticides

(a) A pesticide or pesticide use classified for restricted use under FIFRA shall be classified as a State restricted use pesticide.

(b) Any pesticides or pesticide uses that meet or exceed any of the following criteria shall be a candidate for State restricted use classification:

(1) Pesticides in toxicity categories I and II as defined in section 4-66-18 (40 CFR sections 156.62, 156.64, 156.66, and 156.68 (2017));

(2) Pesticides or pesticide uses that are determined by the head, in consultation with the director of the department of health, to be a health hazard for one or more reasons including, but not limited to, toxicity, body storage, oncogenicity, mutagenicity, and teratogenicity or other reproductive effects;

(3) Pesticides or pesticide uses that can reasonably be anticipated to result in contamination of groundwater or significant reductions in non-target organisms, or fatality to members of endangered species; and

(4) Pesticides or pesticide uses authorized under section 18, the Emergency Exemption provision, of FIFRA.

(c) Any pesticide, pesticide formulation, pesticide product, or pesticide use that meets or exceeds the criteria set forth in section 4-66-32 (b) shall be subjected to an internal review process by the department prior to being presented to the board for adoption as a State restricted use pesticide.

(d) The head, in consultation with the advisory committee, shall determine which pesticides, pesticide formulations, pesticide products, or pesticide uses meet or exceed the criteria set forth in section 4-66-32(b) and shall submit those items for review by the department.

(e) Once the review process under section 4-66-32 (c), or if applicable, an evaluation under section 4-66-32.1(c), has been completed, the head shall submit a list of those pesticides, pesticide formulations, pesticide products, and pesticide uses deemed appropriate for classification as State restricted use for adoption by the board.

(f) The head may classify a pesticide or pesticide use meeting or exceeding the criteria set forth in section 4-66-32(b) for nonrestricted use if during the department's review process it is determined that measures such as packaging, type of formulation, or method of application eliminate or reduce hazards associated with the pesticide or its use.

(g) The board, upon adoption of those pesticides, pesticide formulations, pesticide products, or pesticide uses recommended for classification as a State restricted use pesticide, shall maintain a list of all State restricted use pesticides at the department Office of the Chairperson. The list of State restricted use pesticides shall also be posted on the department's website.

History

[Eff. 7/13/81; am and comp DEC 1 6 2006] (Auth: HRS §§ 149A-19, 149A-33, 7 USC 136 v, (a)-(b), 7 USC 136 w-1, (a)-(b)) (Imp: HRS §§ 149A-19, 149A-33)

Haw. Code R. § 4-66-32.1 Evaluation of pesticides uses

(a) The head may, at any time, evaluate a licensed pesticide or pesticide proposed for licensing, to carry out the provisions of the Act. The head shall investigate all reported events and information received that indicates any pesticide may have caused, or is likely to cause, unreasonable adverse effects to humans or the environment. If the head finds from the investigation that unreasonable adverse effects to humans or the environment have occurred or are likely to occur, the pesticide shall be evaluated.

(b) The head shall evaluate any pesticide when unreasonable adverse effects to humans or the environment have been found and documented to a reasonable degree of scientific certainty as being associated with the use of that pesticide. Unreasonable adverse effects to humans or the environment shall include, but not be limited to, the following circumstances:

(1) Public or worker health hazard;

(2) Pesticide residues in drinking water are present in levels that are equal to or exceed twenty per cent of the established federal or State health standards or advisories;

(3) Pesticide residues in food or feed are present in levels exceeding the established tolerances;

(4) Fish or wildlife hazard, including hazards to endangered species,-

(5) Toxicity to non-target organisms;

(6) Hazardous packaging;

(7) Misbranded as established in sections 4-66-4 to 4-66-30 ( 40 CFR part 156 (2017));

(8) Other information suggesting unreasonable adverse effects on humans or the environment associated with the use of a specific pesticide; and

(9) Discovery that data upon which a license was issued are false, misleading, or incomplete.

(c) The evaluation of any pesticide shall consist of identification of unreasonable adverse effects to humans or the environment, including the social, economic, and environmental costs of the pesticide, identification of the uses of the pesticide, identification of the benefits of the pesticide, identification of alternatives to the pesticide, identification of regulatory controls considered by the head in mitigating unreasonable adverse effects on humans or the environment, determination by the head as to whether the effects on humans or the environment are unreasonable, and recommendation by the head for regulatory actions. Evaluation may lead to no change, restriction of use, refusal to issue or renew a license, requirement of an annual use permit, or cancellation or suspension of the license. The evaluation shall be made available to all interested parties to provide them with an opportunity to submit additional information, and comment on the evaluation.

History

[Eff and comp DEC 16 2006] (Auth: HRS §§ 149A-14, 149A-33) (Imp: HRS § 149A-33)

Haw. Code R. § 4-66-33 Pesticide licensing; exceptions

(a) Any manufacturer, packer, seller, distributor, or shipper of a pesticide may apply to license a pesticide.

(b) No person may distribute in the State, any pesticide that is not licensed with the department, except for the following:

(1) Pesticides transferred between EPA registered establishments operated by the same producer for packaging or for use in producing another pesticide, provided the pesticides are labeled to clearly show the identity and purpose for which the pesticides are being transferred;

(2) Pesticides distributed under an experimental use permit issued by the head;

(3) Pesticides transferred for purpose of disposal when marked to show the pesticides are for disposal only, and accompanied by sufficient information to identify products and to ensure that product can be handled with minimum hazard to humans or the environment;

(4) Pesticides intended solely for export when prepared or packed according to specifications of foreign purchaser;

(5) Pesticides being distributed under a FIFRA, section 18 emergency exemption; and

(6) Upon written notice to the head, pesticides distributed to research laboratories for the purpose of laboratory or enclosed space production tests, or limited replicated field trials of less than one-fourth acre, to determine toxicity or other properties, and from which the producer, researcher, or applicator or any other person conducting the laboratory or enclosed space production tests or field trial, does not expect to receive any benefit in pest control from its use. Notice shall be provided on forms prescribed by the head.

History

[Eff. 7/13/81; comp DEC 16 2006] (Auth: 40 CFR §152.30, HRS §§ 149A-13, 149A-19, 149A-33) (Imp: HRS §§ 149A-13, 149A-19, 149A-33)

Haw. Code R. § 4-66-34 Applications for licensing pesticides and for approval of nonchemical pest control devices

The procedures for licensing pesticides, or approval of nonchemical pest control devices as defined in chapter 460J, Hawaii Revised Statutes, are as follows:

(1) Applications shall be filed by the applicant or by an agent whom the applicant has designated as such by a notarized letter.

(2) Applications shall be made on forms prescribed by the department and shall contain the following information: name and address of the applicant and any other person whose name will appear on the labeling or in the directions for use, name of the pesticide or nonchemical pest control device as shown on the label, the EPA registration number (for pesticides), the EPA establishment number, and the signature of the applicant or applicant's designated agent.

(3) Applications shall be submitted no less than thirty calendar days prior to the date licensing is desired to take effect.

(4) Applications shall be accompanied by one copy of the final printed label in text.pdf or similar format, the EPA stamped "ACCEPTED" label, if applicable, and any other printed or graphic matter that is required to accompany the pesticide or nonchemical pest control device when offered for sale or distribution, including all claims, directions for use, and any other materials specified by the head.

(5) If requested by the head, the applicant for a pesticide license shall provide the complete formula of the pesticide, including active and inert ingredients, and a description of tests and test results thereof on which claims are based, including efficacy, residue, safety, and other supporting data that shows the pesticide shall perform its intended function without causing unreasonable adverse effects on humans or the environment.

(6) If requested by the head, the applicant for nonchemical pest control device approval shall provide a description of the principles fundamental to the efficacy of the nonchemical pest control device, a description of the tests conducted according to the procedures described below and test results thereof on which claims are based, including efficacy, reliability, safety, and other supporting data that shows the nonchemical pest control device will perform its intended function without causing unreasonable adverse effects on humans or the environment.

(7) Each test submitted pursuant to this section shall be based on a written protocol that clearly indicates the objectives and all the methods for the conduct of the test. The protocol shall contain, but not be limited to, the following information:

(A) A descriptive title and statement of the purpose of the study,-

(B) The name and address of the sponsor and address of the testing facility at which the study was conducted;

(D) Where applicable, the number, body weight range, sex, source of supply, species, strain, substrain and age of the organisms tested;

(E) A description of the experimental design, including methods for the control of bias;

(F) Where applicable, a description or identification of the diet for the test animals or fertilization and irrigation schedules for plants used in the test;

(G) Treatments, such as the test frequency and volume for nonchemical pest control devices, and the method and frequency of administration;

(H) The type and frequency of data collection, and measurements to be made;

(I) The records to be maintained;

(J) The date of approval by the sponsor and the signature of the test director; and

(K) A statement of the proposed statistical analyses to be used.

(8) The department may test nonchemical pest control devices to determine the reliability, efficacy and safety of the nonchemical pest control device. The applicant shall provide any nonchemical pest control devices to the department for testing upon request.

(9) The department shall provide the applicant with a description of the tests to be conducted, and estimated schedule to complete the tests.

(10) The applicant may initiate tests required pursuant to (8) above, using qualified testing facilities, with the concurrence of the department.

History

[Eff. 7/13/81; am and comp DEC 16 2006] (Auth: HRS §§ 149A-13, 149A-15, 149A-19, 149A-33, 460J-24.5) (Imp: HRS §§ 149A-13, 149A-15, 149A-19, 149A-33, 460J-24.5)

Haw. Code R. § 4-66-35 Pesticide licensing; effective date

(a) Licenses shall become effective on the date issued and, unless canceled by the head, shall continue in effect through the date of expiration.

(b) Pesticide products are to be licensed for a period of three years. All licenses shall expire on December 31 of each third year after license issuance.

(d) Any pesticide product licensed under the Act shall not require any further licensing by other persons provided:

(1) The pesticide product is in the manufacturer's or registrant's original unbroken container;

(2) The claims made in the pesticide product's directions for use, use classification, and other information contained in the labeling, do not differ from those made in conjunction with the license currently in effect; and

(3) Any change in the labeling or formula of a licensed pesticide shall be submitted in advance to the head provided:

(A) The licensee shall describe the exact change and upon request, shall submit test results to support any change in labeling claims; and

(B) After the effective date of any change in labeling or formulas, the pesticide shall be marketed only under the new label or formula. The head may permit a reasonable time for disposition of stocks, if in the opinion of the head, such disposition does not result in any unreasonable adverse effects on humans or the environment.

History

[Eff. 7/13/81; am and comp DEC 16 2006] (Auth: HRS §§ 149A-13, 149A-19, 149A-33) (Imp: HRS §§ 149A-13, 149A-19, 149A-33)

Haw. Code R. § 4-66-36 Pesticide licenses; corrections

(a) The head shall require the licensee to make necessary changes should the labeling claims' of the pesticide be unwarranted, or if the pesticide and its labeling or other material required to be submitted do not comply with the Act or these rules, or when necessary to prevent any unreasonable adverse effect on humans or the environment.

(b) The licensee shall make the necessary corrections within thirty calendar days from receipt of any correction notice. If the licensee fails to make the necessary corrections within thirty calendar days, the head may take any of the following actions, alone or in combination with each other:

(1) Refuse to license the pesticide;

(2) Cancel the pesticide license; and

(3) Change the classification of the pesticide.

(c) Should the head determine that an imminent hazard exists, the head may suspend the license of any pesticide or pesticide use or uses. The licensee shall be notified within twenty four hours of the suspension and given the reasons for the action.

(d) Should the head find that a pesticide or its labeling fails to comply with FIFRA or regulations implementing FIFRA, the head shall notify EPA and may suggest corrections that would bring the labeling into compliance.

(e) Any licensee aggrieved by a determination of the head relative to refusing, canceling, or suspending a pesticide license, may request a hearing as provided in section 149A-14(d), Hawaii Revised Statutes.

History

[Eff. 7/13/81 am and comp DEC 16 2006] (Auth: HRS §§ 149A-13, 149A-14, 149A-19, 149A-33) (Imp: HRS §§ 149A-13, 149A-14, 149A-19, 149A-33)

Haw. Code R. § 4-66-37 Special local need (SLN) registration

(a) The head may register pesticide products for special local needs. All applicants for registration of pesticides to meet special local needs shall submit the following information:

(1) The name and address of the applicant and any other person whose name shall appear on the labeling or in the directions for use;

(2) The name of the pesticide product, and if application is for an amendment to a federally registered product, the EPA registration number of that product;

(3) A copy of proposed labeling, including all claims made for the product; directions for use to meet the special local need; the complete proposed labeling for a new product, or the proposed supplemental labeling for registration of an additional use of a federally registered product, and the complete formula of the product if the application is for a new product; and any other information specified by the head that is required to be reviewed prior to registration under this section.

(b) The head shall determine whether there is a special local need for registration. Situations the head may consider as not involving a special local need may-include, but are not limited to, use to control a pest problem present on a nationwide basis, and use of a pesticide product registered by other states on an interregional or national basis.

History

[Eff. 7/13/81; comp DEC 16 2006] (Auth: HRS §§ 149A-19, 149A-22, 149A-33, 7 USC § 136v(c), 40 CFR §§ 162.152, 162.153) (Imp: HRS §§ 149A-19, 149A-22, 149A-33, 7 USC § 136v(c), 40 CFR §§ 162.152, 162.153)

Haw. Code R. § 4-66-38 Special local need; unreasonable adverse effects

(a) Under the following circumstances, prior to issuing a special local need registration, the head shall determine that use of the product for which registration is sought would not cause unreasonable adverse effects on humans or the environment, when used in accordance with labeling directions or widespread and commonly recognized practices:

(1) For the use of a product that has a composition not similar to any federally registered product;

(2) For the use of a product involving a use pattern not similar to any federally registered use of the same product, or of a product with a similar composition; or

(3) For the use of a product for which other uses of the same product, or of a product with a similar composition, have had federal registration denied, disapproved, suspended, or canceled by the EPA administrator.

(b) The determination required by subsection (a) shall be based on data and criteria consistent with federal regulations applicable to the type of product or use under consideration.

History

[Eff. 7/13/81; am and comp DEC 16 2006] (Auth: HRS §§ 149A-19, 149A-22, 149A-33, 7 USC § 136v(c), 40 CFR § 162.153) (Imp: HRS §§ 149A-19, 149A-22, 149A-33, 7 USC § 136v(c), 40 CFR § 162.153)

Haw. Code R. § 4-66-39 Special local need; label, packaging and coloration requirements

(a) The head shall review the proposed labeling submitted with the application to determine compliance subject to the following* requirements:

(1) A copy of the final printed labeling shall be reviewed by the head as soon as practicable after a registration is issued in order to verify compliance;

(2) A new product registered shall be accompanied, at the time of use, by labeling meeting all applicable criteria of sections 4-66-4 to 4-66-31. New product labeling shall also contain a statement identifying "For distribution and use only within the State of Hawaii" and the assigned special local need number.

(3) For a registration of an additional use of a federally registered product, labeling from the federally registered product shall be accompanied at the time of use by supplemental labeling that contains:

(A) A statement identifying "For distribution and use only within the State of Hawaii";

(B) Directions for use to meet the special local need which satisfy the criteria of sections 4-66-10 to 4-66-31;

(D) The name and address of the special local need registrant;

(E) The EPA registration number of the federally registered product;

(F) The assigned special local need number;

(G) A statement requiring a person using the product to comply with all applicable directions, restrictions, and precautions found in the labeling of the federally registered product; and

(H) A statement prohibiting the use of the product in a manner inconsistent with federal and accompanying supplemental labeling.

(4) If the head classifies for restricted use a product or product use registered by the head, which is not required to be classified as restricted use by section 4-66-32, then the head shall require supplemental labeling for the product or product use to have additional appropriate precautions, and a statement that the product or product use is for restricted use.

(b) All products registered by the head shall meet all appropriate federal packaging standards as well as all appropriate standards for coloration established and contained in section 4-66-42.1. Prior to issuing any registration, the head shall determine that the product conforms to these requirements.

History

[Eff. 7/13/81; am and comp DEC 16 2006] (Auth: HRS §§ 149A-19, 149A-22, 149A-33, 7 USC § 136v(c), 40 CFR § 162.153) (Imp: HRS §§ 149A-19, 149A-22, 149A-33, 7 USC § 136v(c), 40 CFR § 162.153)

Haw. Code R. § 4-66-40 Special local need; classification

(a) As part of the registration of any part or use, the head shall classify the product or product use consistent with section 4-66-32.

(b) A product or product use thereof registered by the head shall be classified by the head for restricted use if the product is identical or similar in composition to a federally registered product for which the use has been classified as restricted under federal law or for which a use similar to the registered use has been classified as restricted use under federal law, and the registered product or product use meets the criteria for classification as restricted use pesticides under section 4-66.-32.

History

[Eff. 7/13/81; am and comp DEC 16 2006] (Auth: HRS §§ 149A-19, 149A-22, 149A-33, 7 USC § 136v(c), 40 CFR § 162.153) (Imp: HRS §§ 149A-19, 149A-22, 149A-33, 7 USC § 136v(c), 40 CFR § 162.153)

Haw. Code R. § 4-66-41 Special local need; notification and submission of data to the Environmental Protection Agency (EPA)

(a) Within ten working days from the date of issuance of amendments or revocation of a registration, the head shall notify EPA in writing, of the action Notification of registrations, or amendments thereto, shall include the confidential statements of the formula of any new product, and a copy of the draft labeling reviewed and approved by the head, provided that labeling previously approved by the EPA as part of a federal registration need not be submitted.

(b) Notification of registrations or amendments shall be supplemented by sending to EPA a copy of the final printed labeling approved by the head within forty-five days after the effective date of registration or amendment.

(c) Notification of revocation of registration shall indicate the effective date of revocation, and shall state the reasons for revocation.

(d) Within fifteen working days from receipt of a request from EPA, the head shall submit any data used to determine that any unreasonable adverse effect on humans or the environment shall not be caused by a registration of a product with a composition not similar to any federally registered product, or an additional use of a federally registered product, or a use of a product with a composition similar to that of a federally registered product, or if registration of other uses of the federally registered product has been denied, suspended, or canceled because of health, safety, or environmental concerns.

History

[Eff. 7/13/81; am and comp DEC 16 2006] (Auth: HRS §§ 149A-19, 149A-22, 149A-33, 7 USC § 136v(c), 40 CFR § 162.153) (Imp: HRS §§ 149A-19, 149A-22, 149A-33, 7 USC § 136v(c), 40 CFR § 162.153)

Haw. Code R. § 4-66-42 REPEALED

History

Eff. 7/13/81; R DEC 16 2006

Haw. Code R. § 4-66-42.1 Coloration of pesticides

(a) The following requirements for the coloration of certain pesticides have been determined necessary for the protection of public health and the environment,

(b) Seed Treatment products.

(1) Pesticide products intended for use in treating seeds must contain an EPA-approved dye to impart an unnatural color to the seed, unless appropriate tolerances or other clearances have been established for residues of the pesticide under title 21 United States Code section 346a(a)-(q) (2017), the Federal Food, Drug and Cosmetic Act.

(2) The following products are exempt from the requirement of paragraph (b)(1) of this section:

(A) Products intended and labeled for use solely for commercial seed treatment, provided that the label bears a statement requiring the user to add an EPA-approved dye with the pesticide during the seed treatment process.

(B) Products intended and labeled for use solely as at-planting or hopper box treatments.

(3) EPA-approved dyes for seed treatment are those listed in sections 180.910, 180.920, or 180.2020, title 40, Code of Federal Regulations (2017).

History

[Eff and comp DEC 16 2006] (Auth: HRS §§ 149A-16, 149A-33, 40 CFR §§153.140, 153.155) (Imp: HRS §§ 149A-16, 149A-33, 40 CFR §§153.140, 153.155)

Haw. Code R. § 4-66-43 Enforcement

(a) As allowed by law, the head may enter any place or conveyance where pesticides or nonchemical pest control devices are manufactured, stored, packed, delivered for transportation, transported, offered for sale or sold, and may inspect and take samples of the pesticides and nonchemical pest control devices. An unbroken package may be taken as the official sample where the pesticide is packed in small bottles, or small packages. Where the pesticide is packed in large containers, the official samples may be a portion taken from one original unopened package in a lot. A chain-of-custody for each sample, from collection through analysis and final disposition, shall be maintained on forms prescribed by the head.

(b) As allowed by law, the head may enter any place or conveyance where pesticides are suspected of being applied on non-target sites or locations, or where pesticides are suspected of being applied in a manner inconsistent with the pesticide label, and may inspect and take official samples where pesticide residue is likely to be present. A chain-of-custody for each sample, from collection through analysis and final disposition, shall be maintained on forms prescribed by the head.

(c) Methods of analyzing samples shall be those adopted and published by the Association of Official Analytical Chemists, Official Methods of Analysis of AOAC International (20th edition 2016), where applicable, and other methods as may be necessary to determine whether the product complies with the Act or these rules.

(d) A notice of violation shall include:

(1) If from an examination or analysis, a pesticide or nonchemical pest control device appears to be in violation of the Act or these rules, a notice in writing shall be sent to the person against whom proceedings are contemplated, giving that person the opportunity to offer a written explanation. The notice shall state the manner in which the sample failed to meet the requirements of the Act or these rules; and

(2) Any person may, in addition to this written reply to the notice, file with the head within twenty days of receipt of the notice a written request for a hearing in connection therewith.

(e) The head may issue 'stop sale" and "removal from sale" orders to vendors regarding any pesticide or nonchemical pest control device that violates or fails to comply with the provisions of the Act or these rules, and may place written or printed 'stop sale" and "removal from sale" notices on any pesticide or nonchemical pest control device.

(1) Upon receipt of the 'stop sale" or "removal from sale" order, the vendors shall correct the violation and effect full compliance therewith. The articles shall not hereafter be sold, offered for sale, transferred or disposed of except upon authorization by the head; and

(2) No person shall remove, deface or tamper with any 'stop sale" and "removal from sale" notice issued by the head.

(f) The head may seize any pesticide or nonchemical pest control device that is distributed, sold, offered for sale, transported, or delivered for transportation in violation of the Act or these rules. No notice or hearing shall be required prior to the seizure of a pesticide or nonchemical pest control device.

History

[Eff. 7/13/81; am and comp DEC 16 2006] (Auth: HRS §§ 149A-11, 149A-20, 149A-21, 149A-33) (Imp: HRS §§ 149A-11, 149A-20, 149A-21, 149A-33)

Haw. Code R. § 4-66-44 Notice of enforcement action

Publication of judgments of the courts in cases arising under the criminal or seizure provisions of the Act or these rules, and any final order issued by the department for violation of the Act or these rules, may be made in the form of notices, circulars, or bulletins as the head may direct.

History

[Eff. 7/13/81; comp DEC 16 2006] (Auth: HRS §§ 149A-21, 149A-33) (Imp: HRS §§ 149A-21, 149A-33)

Haw. Code R. § 4-66-45 Experimental use permits; generally

Experimental use permits may be issued for the intrastate shipment, delivery or use of a pesticide product that is to be tested further to determine the scope and limitations of its usefulness and the effect of its use on humans and the environment. Permits may be issued for products for use in experimental programs under the supervision of applicators certified in demonstration and research pest control and broad scale testing under normal conditions of use. The head may require the information and data concerning the product and the proposed testing program that is deemed necessary to make determinations on the merits of the proposals.

History

[Eff. 7/13/81; am and comp DEC 16 2006] (Auth: HRS §§ 149A-19, 149A-22, 149A-33, 40 CFR §§172.20 - 172.26) (Imp: HRS §§ 149A-19, 149A-22, 149A-33, 40 CFR §§172.20 - 172.26)

Haw. Code R. § 4-66-46 Experimental use permits; prohibitions

No permits shall be issued for any of the following:

(1) A product containing an active or inert ingredient that is currently subject to an EPA cancellation or suspension of registration order, or that is currently subject to an EPA notice of intent to suspend or cancel registration because of human health, environmental, or efficacy consideration; except that a permit may be issued for such a product for a purpose or in a formulation that:

(A) Is not specifically considered in, or that is not subject to, suspension or cancellation proceedings, after consultation with appropriate EPA officials; or

(B) Was specifically considered during the proceedings but not suspended, canceled, or subject to a notice of intent to suspend or cancel.

(2) A use of a product that has been the subject of a notice of denial of registration under FIFRA; and

(3) A use of a product, which may involve use in or on food or feed other than as authorized in section 4-66-47.

History

[Eff. 7/13/81; am and comp DEC 16 2006] (Auth: HRS §§ 149A-19, 149A-22, 149A-33, 40 CFR §172.24) (Imp: HRS §§ 149A-19, 149A-22, 149A-33, 40 CFR §172.24)

Haw. Code R. § 4-66-47 Experimental use permits; exceptions

Upon written notification of the head, no experimental use permit is required for the intrastate shipment or use of a substance or mixture of substances being put through laboratory, enclosed space production, or limited field trials of less than one-fourth acre, in which the following three criteria have been met:

(1) the purpose of the laboratory, enclosed space production, or limited field trials is to determine the value of a substance or mixture of substances as a pesticide or to determine its toxicity, or other properties;

(2) the tests will be conducted by recognized research personnel; and

(3) the research personnel conducting the tests do not expect to receive any benefit, other than the research, in pest control from the use of the substance or mixture of substances.

If these three criteria are met, the substances or mixture of substances are not considered to be pesticides within the meaning of the Act or these rules. No State experimental use permit is required if an experimental use permit has been issued by the EPA for the proposed trial(s).

Written notification shall be submitted on forms prescribed by the head.

History

[Eff. 7/13/81; am and comp DEC 16 2006] (Auth: HRS §§ 149A-19, 149A-22, 149A-33, 7 USC §136(v)(a)) (Imp: HRS §§ 149A-19, 149A-22, 149A-33)

Haw. Code R. § 4-66-48 Experimental use permits; provisions for issuance

(a) A permit is required for a pesticide intended for experimental use that is not exempt under section 4-66-47. If a pesticide is to be tested for a use, which is likely to result in a residue on or in food or feed, a permit for experimental use may be issued provided:

(1) A tolerance or exemption from the requirements of a tolerance has been established under section 408 of the Federal Food, Drug, and Cosmetic Act, codified at title 21 United States Code section 346a (2017); or a regulation established under section 409 of the Federal Food, Drug, and Cosmetic Act, codified at title 21 United States Code section 348 (2017); or

(2) The food or feed product derived from the experimental use permit shall be destroyed or used as feed only for laboratory or experimental animals for testing purposes; or

(3) Convincing evidence is submitted by the applicant that the proposed use shall not result in residues in or on food or feed that would be in excess of that authorized under section 408 of the Federal Food, Drug, and Cosmetic Act, codified at title 21 United States Code section 346a (2017), or a regulation established under section 409 of the Federal Food, Drug, and Cosmetic Act, section 348 of title 21, United States Code (2017), which would be hazardous to humans, other animals, or the environment.

(b) A permit shall be issued only if it is clearly shown in the permit application that the applicant's instructions for use reasonably assure the protection of humans and the environment.

(c) All applications for an experimental use permit shall be filed by a qualified person on a form prescribed by the head. Each application shall contain the following:

(1) Name and address of the shipper, the consignee, and place or places from which the shipment shall be made;

(2) Proposed date of shipment, or proposed shipping period that shall not exceed one year from the permit application date, and quantity to be shipped;

(3) A statement of the composition of material to be covered by the permit, which shall apply to a single material or similar formulations of the material;

(4) The name, address and telephone number and qualification of the person responsible for conducting the test;

(5) Available data or reference to available data on the analytical method and toxicity of the pesticide;

(6) The purpose or objective of the proposed tests; a description of the proposed testing program including test parameters; a designation of the pest organism or organisms involved; the amount of pesticide product proposed for use; the crops, fauna, flora, sites, modes, dosage rate, and situation of applications on or in which the pesticide is to be used; the number of acres, number of structure sites, or number of animals to be treated or included in the area of experimental use; the proposed dates, or period, or periods during which the testing program is to be conducted and the manner in which supervision of the program shall be accomplished; and the method of destruction or disposal of treated food or feed;

(7) A statement that the pesticide is intended for experimental use only;

(8) Proposed labeling that shall bear:

(A) The prominent statement "For Distribution and Experimental Use Only Within Hawaii" in the container label and any accompanying circular or other labeling;

(B) A warning or caution statement that may be necessary and if complied with is adequate for the protection of those who may handle or be exposed to the experimental formulations;

(D) The name or designation of the formulation; and

(E) If the pesticide is to be sold to experimental use program participants, a statement of the names and percentages of the principal active ingredients in the product; provided that, if the shipper submits a copy of a valid experimental use permit issued under the provisions of FIFRA, and the accepted labeling related thereto, at the head's discretion, the head may exempt the shipper from the requirement of submitting a part of the application, the data, and information specified in this subsection; and

(9) A statement as to the disposal of any unused portions of the experimental pesticide.

History

[Eff. 7/13/81; am and comp DEC 16 2006] (Auth: HRS §§ 149A-19, 149A-22, 149A-33, 40 CFR §172.24) (Imp: HRS §§ 149A-19, 149A-22, 149A-33, 40 CFR §172.24)

Haw. Code R. § 4-66-49 Experimental use permits; restrictions

(a) The head may limit the quantity of a pesticide covered by an experimental use permit to a lesser quantity than requested if available information on effectiveness, toxicity, or other hazards is not sufficient to justify the scope of experimental use proposed in the application, or make other limitations in the permit as may be determined to be necessary for the protection of the public.

(b) A pesticide shipped or delivered solely for experimental use shall not be offered or advertised for general sale or use.

(c) Unless revoked by the head, experimental use permits shall be effective for a specified period of time, depending upon the crop or site to be treated and the testing program submitted. Permits may be renewed upon request if circumstance warrants. Applications for renewal of experimental use permits shall be submitted no less than thirty days prior to the permit expiration dated.

History

[Eff. 7/13/81; comp DEC 16 2006] (Auth: HRS §§ 149A-19, 149A-22, 149A-33, 40 CFR §172.25) (Imp: HRS §§ 149A-19, 149A-22, 149A-33, 40 CFR §172.25)

Haw. Code R. § 4-66-50 Experimental use permits; reports

At specific intervals to be prescribed by the head, the experimental use permittee shall submit periodic reports to the head regarding the status of the experimental program. The permittee shall immediately report to the head any incidents of unreasonable adverse effects on the environment from use, or from exposure to pesticides covered by an experimental use permit. These periodic reports shall include the following information:

(1) Quantity of the pesticide shipped and used during the reporting period;

(2) Name and address of consignee and ultimate destination and amount of each shipment;

(3) A summary of data on effectiveness, phototoxicity, or other pertinent information regarding usefulness obtained during the permit period;

(4) Any additional data obtained on residue or analytical methods obtained;

(5) Any additional data obtained on toxicity or unreasonable adverse effects to humans, non-target animals, or the environment;

(6) Any residue data obtained on the treated crop or site on which determination can be made regarding reentry into the treated area;

(7) Disposition of unused pesticide; and

(8) Such other information and data as may be prescribed by the head.

History

[Eff. 7/13/81 am and comp DEC 16 2006] (Auth: HRS §§ 149A-19, 149A-22, 149A-33, 40 CFR §172.25) (Imp: HRS §§ 149A-19, 149A-22, 149A-33, 40 CFR §172.25)

Haw. Code R. § 4-66-51 Experimental use permits; monitoring and revocation

(a) The head shall monitor the testing program if it is determined necessary for protection of the public health and environment. It shall be the responsibility of the permittee or person supervising the experiment to immediately report to the head any incidents or adverse reaction from use of, or exposure to the pesticide covered by an experimental use permit.

(b) The head shall revoke an experimental use permit if it is determined that the permit terms or conditions are being violated, or that the permit terms or conditions are inadequate to avoid unreasonable adverse effects on humans or the environment.

(c) Failure to comply with the terms or conditions of any State issued experimental use permit may subject the permittee, or person supervising the experiment, or both, to additional penalties as provided by law.

History

[Eff. 7/13/81 am and comp DEC 16 2006] (Auth: HRS §§ 149A-19, 149A-22, 149A-33, 40 CFR §172.25) (Imp: HRS §§ 149A-19, 149A-22, 149A-33, 40 CFR §172.25)

Haw. Code R. § 4-66-52 Restricted use pesticide dealer and dealer representative

(a) Persons who sell restricted use pesticides, pesticides requiring an annual use permit or special permit to apply restricted use pesticides by aerial application, shall obtain a dealer sales permit for that purpose from the department. The dealer sales permit shall expire on December 31 of each year and shall be renewed no less than thirty calendar days before January 1 of each year.

(b) Any manufacturer, registrant, or distributor of a restricted use pesticide who has no sales outlet within this State, and who sells or distributes the pesticides directly to the user, shall obtain a Hawaii pesticide dealer sales permit for its principal out-of-state location or outlet.

(c) Application for a restricted use pesticide dealer sales permit shall be made on forms prescribed by the head and shall include the name and address of the applicant, location of the sales outlet, and name or names of the restricted use pesticide dealer representative or representatives at each sales outlet.

(d) All restricted use pesticides dealer sales outlets shall have a pesticide dealer representative. The names of the pesticide dealer representatives shall be submitted together with the application for the dealer sales outlet permit. Each restricted use pesticide dealer representative shall obtain a permit.

(e) Persons seeking to obtain a pesticide dealer representative permit shall apply for examination on forms prescribed by the head. To qualify, an applicant shall pass a written examination at a time and place designated by the head. Examination shall test the applicant's knowledge of pesticide laws, rules, and regulations, pesticide hazards, proper usage, safe storage and distribution and disposal methods. The restricted use pesticide dealer shall notify the head within thirty calendar days of any personnel change in the restricted use pesticide dealer representative position.

(f) A permit issued to a restricted use pesticide dealer representative shall be valid for five years. Renewal shall be by examination. Applications for renewal of restricted use pesticide dealer representative permits shall be submitted no less than thirty days prior to the permit expiration date.

(g) Every restricted use pesticide dealer permitted to sell restricted use pesticides shall be responsible for the acts of all pesticide dealer representatives and individuals employed in the solicitation, sale, distribution and handling of pesticides.

(h) Restricted use pesticide dealer sales outlets shall only distribute, solicit, sell, offer for sale, hold for sale, receive order for sale, or transport restricted use pesticides to a certified pesticide applicator, or non-certified applicator under the supervision of a certified pesticide applicator, and only those restricted use pesticides that are relevant to the certification category of the certified applicator,

(i) Any violation of the Act or these rules, whether committed by the dealer, dealer representative, or by any other officer, agent, or employee of the dealer may result in suspension or revocation of the dealer's permit or the dealer representative's permit, or both, as well as any other penalty provided by law.

History

[Eff. 7/13/81; am and comp DEC 16 2006] (Auth: HRS §§ 149A-11, 149A-17, 149A-18, 149A-19, 149A-33) (Imp: HRS §§ 149A-11, 149A-17, 149A-18, 149A-19, 149A-33)

Haw. Code R. § 4-66-53 Dealers' records and reports

(a) Dealers permitted to sell or distribute restricted use pesticides shall keep a record of each sale, distribution, delivery, theft, spill, or any other activity affecting the amount of restricted use pesticides, pesticides requiring an annual permit pursuant to section 4-66-63.1, and special permit to apply restricted use pesticides by aerial application pursuant to section 4-66-64. These records shall be kept at each sales outlet on forms or through other media approved by the head.

(b) Records shall show the name and address of purchaser, a description of the activity affecting the amount of restricted use pesticide or pesticide requiring an annual permit or special permit, date of sale or other activity affecting the inventory amount, identity of the formulation or brand sold and quantity, and for sales of restricted use pesticides, the applicator's certification number, certification category and certification expiration date, intended use and the name or initials of the employee making the sale or record entry.

(c) A copy of the permitted sales outlet's records as specified in this section shall be submitted to the head within fifteen calendar days after the end of each calendar month for which the record is being kept. A copy shall be kept at the permitted sales outlet where the sales were made for a period of one year.

(d) Failure to submit a copy of the permitted sales outlet's records to the head within fifteen calendar days after the end of each calendar month shall subject the dealer permitted to sell or distribute restricted use pesticides to penalties pursuant to section 149A-41, Hawaii Revised Statutes or any other penalty provided by law.

History

[Eff. 7/13/81; am and comp DEC 16 2006] (Auth: HRS §§ 149A-17, 149A-19, 149A-33) (Imp: HRS §§ 149A-17, 149A-19, 149A-33)

Haw. Code R. § 4-66-54 Storage, display, and sale of pesticides

(a) No pesticide shall be stored, displayed, placed for sale or transported where food and food containers, feed, water for human or animal consumption, or any other items are likely to become contaminated and may create a hazard or cause injury to humans, vegetation, crops, livestock, wildlife, beneficial insects and aquatic life.

(b) Pesticides labeled for lawns, gardens and other outdoor uses shall be offered for sale only in garden supply centers or in other retail outlets that have a separate and distinct section for display of pesticides for outdoor use, as distinguished from pesticides formulated and registered for use inside the home.

(c) A prominent sign with legible bold print not less than one-half inch in height to read "pesticide products for garden and lawn or outdoor use only - it is unlawful and may be hazardous to use inside your home" shall be posted in the area where such lawn and garden pesticides are displayed and sold.

(d) Every retailer that sells or distributes pesticide products to the public shall prominently post within ten feet of any pesticide product display or sales area, a warning sign that includes:

(1) Information regarding the proper handling, storage, and disposal of all pesticides sold;

(2) Emergency telephone numbers to call in case of poisoning from the pesticides; and

(3) A statement that use of any pesticide product in a manner inconsistent with its label is prohibited by law.

The warning sign shall be no less than seventeen inches by twenty two inches and contain lettering of sufficient size, no less than sixteen point bold type, which will enable the sign to be read from a distance of six feet under all lighting conditions normally encountered during business hours.

History

[Eff. 7/13/81; am and comp DEC 16 2006] (Auth: HRS §§ 149A-31, 149A-33) (Imp: HRS §§ 149A-31, 149A-33)

Haw. Code R. § 4-66-55 Disposal of pesticides and empty pesticide containers

(a) Pesticides and empty containers shall be disposed of in accordance with label directions and, if applicable, at a facility authorized to accept solid waste pursuant to chapter 11-58.1, Hawaii Administrative Rules, or in accordance with chapter 11-262.1, Hawaii Administrative Rules.

(b) If the disposal method is not specified on the label, the pesticide container shall be triple-rinsed or equivalent, punctured, and placed in the trash for refuse collection or offered for recycling, if appropriate.

History

[Eff. 7/13/81; am and comp DEC 16 2006] (Auth: HRS §§ 149A-19, 149A-33) (Imp: HRS §§ 149A-19, 149A-33)

Haw. Code R. § 4-66-56 Certification of applicators

(a) No person shall apply restricted use pesticides unless certified in the category appropriate to the application or under the direct supervision of a certified applicator certified in the appropriate category. An applicator applying restricted use pesticides shall be certified as:

(1) A commercial pesticide applicator; or

(2) A private pesticide applicator.

(b) Commercial pesticide applicators shall be further divided into categories and subcategories based on general patterns of use and sites where specific knowledge related to the use pattern or site is required to demonstrate competency. A person may be certified in as many categories or subcategories as necessary. The commercial pesticide applicator categories and subcategories are as follows:

(1) Category 1, agricultural pest control, which includes the following subcategories:

(A) Crop pest control. For persons using or supervising the use of restricted use pesticides in production of agricultural commodities, including but not limited to grains, seeds, soybeans, feed and forage crops, vegetables, fruits, trees and nuts, as well as non-crop agricultural lands;

(B) Animal pest control. For persons using or supervising the use of restricted use pesticides to control pests on animals including, but not limited to, beef and dairy cattle, swine, sheep, horses, goats, and poultry, and to places on or in which animals are confined; and doctors of veterinary medicine engaged in the business of application for hire, publicly holding themselves out as pesticide applicators or engaged in large scale use of pesticides;

(C) Soil and non-soil fumigant pest control. For persons using or supervising the use of restricted use pesticides to fumigate soil and to fumigate anything other than soil;

(2) Category 2, forest pest control. For persons using or supervising the use of restricted use pesticides in forests, forest nurseries, and forest seed production;

(3) Category 3, ornamental and turf pest control. For persons using or supervising the use of restricted use pesticides to control pests in the maintenance and production of ornamental plants, trees, shrubs, flowers and turf;

(4) Category 4, aerial pest control. For persons using or supervising the use of restricted use pesticides by aerial application;

(5) Category 5, aquatic pest control. For persons using or supervising the use of restricted use pesticides purposefully applied to standing or running water, excluding applicators engaged in public health related activities included in sections 4-66-56(8) and 4-66-56(9);

(6) Category 6, right-of-way pest control. For persons using or supervising the use of restricted use pesticides in the maintenance of roadsides, powerlines, pipelines, and railway rights-of-way, and similar areas, but excluding aquatic rights-of-way;

(7) Category 7, industrial, institutional, and structural pest control, which includes the following subcategories:

(A) Fumigation pest control. For persons using or supervising the use of fumigant restricted use pesticides to control termites and other pests in or around food handling establishments, human dwellings, institutions such as schools and hospitals, industrial sites such as warehouses, grain elevators, and any other structures and adjacent area, public or private, and for the protection of stored, processed or manufactured products. The corresponding branch of pest control established pursuant to section 460J-12, Hawaii Revised Statutes, is Branch 1, Fumigation;

(B) Termite pest control. For persons using or supervising the use of restricted use pesticides other than by fumigation to control subterranean and drywood termites in or around human dwellings, institutions such as schools and hospitals, hotels, industrial sites, and any other structures and adjacent area, public or private. The corresponding branch of pest control established pursuant to section 460J-12, Hawaii Revised Statutes, is Branch 3, Termite;

(C) General pest control. For persons using or supervising the use of restricted use pesticides to control pests, in or around food establishments, human dwellings, institutions such as schools, hospitals, industrial sites such as warehouses, and any other structures and adjacent area, public or private; and for the protection of stored, processed or manufactured products, excluding those applicators certified in category 3, ornamental and turf pest control, and subcategories 7(A) and 7(B). The corresponding branch of pest control established pursuant to section 460J-12, Hawaii Revised Statutes, is Branch 2, General Pest;

(D) Institutional pest control. For persons using or supervising the use of restricted use pesticides exclusive of fumigants to control pests at institutions (e.g., schools, hotels, hospitals, warehouses, industrial sites), or establishments (e.g., grain elevators, restaurants, bakeries, fast food outlets) where they are employed;

(E) Vault fumigation pest control. For persons using or supervising the use of restricted use pesticides to fumigate vaults or chambers, to control pests in agricultural commodities or structural materials, and including stored, processed or manufactured products, exclusive of those individuals licensed as pest control operators and certified in category 7(A), 7(B), or 7(C);

(F) Specialty categories. For persons using or supervising the use of restricted use pesticides where the scope of application is typically limited to a single active ingredient, a single site, a single facility or a single application method, such as using restricted use pesticides for controlling roots in sewer lines, prevention of pests on marine surfaces through the use of restricted use coatings, controlling wood pests through the use of pressure or submergence treatment, and persons who use chlorine gas;

(8) Category 8, public health pest control. For federal, state or other governmental employees and contractors using or supervising the use of restricted use pesticides in public health programs for the management and control of pests having medical and public health importance;

(9) Category 9, regulatory pest control. For state, federal, or other government employees and contractors using or supervising the use of restricted use pesticides in the control of regulated pests prescribed under the Hawaii Plant Quarantine Law, chapter 150A, Hawaii Revised Statutes, and the Federal Plant Protection Act, title 7, chapter 104, sections 7701-7786, United States Code (2017);

(10) Category 10, demonstration, research and instructional pest control. For persons who demonstrate to the public the proper use and techniques of application of restricted use pesticides or supervise such demonstration, and persons conducting field research with pesticides, and in doing so, use or supervise the use of restricted use pesticides; and

(11) Category 11, chemigation pest control. For persons using or supervising the use of restricted use pesticides applied through an irrigation system. Certification in this category requires concurrent certification in category 1(A), 2, 3, or 10.

(c) Private pesticide applicators shall be further divided into categories based on general patterns of use and sites where specific knowledge related to the use pattern or site is required to demonstrate competency. A person may be certified in as many categories as necessary. The categories are as follows:

(1) Category 1, general agricultural pest control. For private applicators using or supervising the use of restricted use pesticides in the production of agricultural commodities;

(2) Category 2, agricultural pest control with fumigants. For private applicators using or supervising the use of restricted use pesticides for soil fumigation in the production of an agricultural commodity and the application of restricted use pesticides for fumigation of agricultural products. Certification in this category requires concurrent certification in category 1, general agricultural pest control; and

(3) Category 3, chemigation. For persons conducting agricultural pest control, with pesticides applied through irrigation systems. Certification in this category requires concurrent certification in category 1, general agricultural pest control.

History

[Eff. 7/13/81; am and comp DEC 16 2006] (Auth: HRS § 149A-33, 40 CFR §§171.3, 171.5) (Imp: HRS § 149A-33, 40 CFR §§171.3, 171.5)

Haw. Code R. § 4-66-57 General standards for certification of applicators

(a) Applicants for certification shall be at least eighteen years of age and shall possess a history of honesty, truthfulness, financial integrity and fair dealing. Such personal history shall be based on information obtained intra-departmentally, interdepartmentally, and/or through publicly available records;

(b) Competence in the use and handling of restricted use pesticides shall be determined by receiving a passing score of seventy per cent or better on a written examination or any alternate methods employed by the department to determine applicator competency, or both. Examinations are based upon standards that meet or exceed those set forth in this section and section 4-66-58. The examination shall test knowledge applicable to the certification category or subcategory, or both, and to the pesticide or class of pesticides covered by the requested certification.

(1) Examinations shall be presented and answered in writing;

(2) Examinations shall be proctored by an individual designated by the department;

(3) At the time of examination, each person seeking certification shall present a valid, government-issued photo identification or other similarly reliable form of identification as proof of identity and age;

(4) Each person seeking certification shall be given instruction on examination procedure before beginning the examination;

(5) Examinations shall be kept secure before, during, and after the examination period. No portion of the examination or associated reference materials may be copied or retained by any person other than persons authorized by the department,-

(6) There shall be no verbal or non-verbal communication with anyone other than the proctor during the examination period;

(7) Only reference materials approved by the department may be used during the examination; and

(8) In addition to the written examination the department may employ additional methods for determining applicator competency.

(d) Applicants shall demonstrate practical knowledge of the principles and practices of pest control. The knowledge shall include the following areas:

(1) Label and labeling comprehension. Familiarity with pesticide labels and labeling; an understanding of label function, format and terminology; an understanding of instructions, warnings, symbols, and other common labeling requirements; an understanding that it is a violation of federal and State law to use any pesticide in a manner inconsistent with its labeling; an understanding of labeling requirements for supervising non-certified applicators working under the direct supervision of a certified applicator; an understanding of the meaning of product classification; and recognizing the difference between mandatory and advisory labeling language;

(2) Safety measures. An understanding of the risks of acute toxicity, chronic toxicity, and long-term effects of pesticides; an understanding that risk is a function of exposure and pesticide toxicity; recognition of ways in which dermal, inhalation, and oral exposure may occur; knowledge of common types and causes of pesticide mishaps; precautions to prevent injury to applicators and other individuals in or near treated areas; the need for and proper use of personal protective equipment and clothing; symptoms of pesticide poisoning; first aid and other procedures to be followed in case of a pesticide mishap; proper identification, storage, transport, handling, mixing procedures, and disposal methods for pesticides and used pesticide containers; and precautions to be taken to prevent children from having access to pesticides and pesticide containers;

(3) Environment. An understanding of the potential environmental consequences of the use and misuse of restricted use pesticides; an understanding of the influence of weather and other indoor and outdoor climatic conditions; the influence of types of terrain, soil, or other substrate; presence of fish, wildlife, and other non-target organisms; and, drainage patterns;

(4) Pests. An understanding of the importance of correctly identifying target pests and selecting the proper pesticide product for effective pest control; and, verifying that the labeling does not prohibit the use of the product to control the target pest;

(5) Pesticides. Knowledge of the characteristics of various pesticides, including the types of pesticides; types of formulations; compatibility, synergism, persistence, and animal and plant toxicity of the formulations; hazards and residues associated with use; factors that influence effectiveness or lead to problems such as pesticide resistance; and, dilution procedures;

(6) Application equipment. Practical knowledge of type, maintenance, use, and calibration of pesticide application equipment and an understanding of advantages and limitations of each type of equipment. Additional knowledge of calibration shall be required of applicants using or supervising the use of highly-specialized equipment;

(7) Application methods. Practical knowledge and understanding of selecting the appropriate application method; an understanding of methods used to apply various forms and formulations of pesticides; knowledge of which application method to use in a given situation; how selection of application method and use of a pesticide may result in proper use, unnecessary or ineffective use, and misuse; a practical understanding of pesticide drift and runoff, and the resulting effect on non-target organisms, such as wildlife, apiaries, humans, human habitation, lakes, rivers, wetlands, coastal waters, surface waters and ground waters; and knowledge of techniques, formulations, and methods to prevent drift and pesticide loss into the environment;

(8) Laws, rules, and regulations. Knowledge of all applicable federal and State laws, rules, and regulations;

(9) Responsibilities of supervisors of non-certified applicators. Knowledge of the responsibilities of certified applicators supervising non-certified applicators using restricted use pesticides; understanding and complying with title 40, section 171.201, Code of Federal Regulations (2018); knowledge and understanding of the recordkeeping requirements of pesticide safety training for non-certified applicators who use restricted use pesticides under the direct supervision of a certified applicator; providing use-specific written instructions to non-certified applicators who use restricted use pesticides under the direct supervision of a certified applicator; and explaining pertinent federal and State laws, rules and regulations to non-certified applicators who use restricted use pesticides under the direct supervision of a certified applicator; and

(10) Professionalism. Knowledge and understanding of the importance of maintaining chemical security for restricted use pesticides; how to effectively communicate information about pesticide exposures and risks; and, appropriate product stewardship for certified applicators.

History

[Eff. 7/13/81; am and comp DEC 16 2006] (Auth: HRS § 149A-33, 40 CFR §§171.4, 171.5) (Imp: HRS § 149A-33, 40 CFR §§171.4, 171.5)

Haw. Code R. § 4-66-58 Specific standards for certification of applicators

In addition to satisfying the requirements of section 4-66-57, applicants for certification shall demonstrate through written examinations practical knowledge of the principles and practices of pest control and proper and effective use of restricted use pesticides for each particular category or subcategory of certification applied for, as follows:

(a) Commercial applicators

(1) Category 1, agricultural pest control, which includes the following subcategories:

(A) Crop pest control applicators shall demonstrate practical knowledge of the crops, grasslands, and non-crop agricultural lands and the specific pests on those areas on which the applicator may be using restricted use pesticides. Applicators in this category shall demonstrate operational knowledge concerning soil and water problems, pre-harvest intervals, restricted entry intervals, phytotoxicity, potential for environmental contamination, non-target injury and other problems resulting from the use of restricted use pesticides in agricultural areas;

(B) Animal pest control applicators shall demonstrate practical knowledge of such animals and the animals' associated pests. The required knowledge includes specific pesticide toxicity and residue potential, and the hazards associated with factors such as formulation, application techniques, age of animals, stress and extent of treatment; and

(C) Soil and non-soil fumigant pest control applicators shall demonstrate practical knowledge of the pest problems and pest control practices associated with performing fumigation applications, including label and labeling comprehension, worker protection measures, restricted entry periods, recordkeeping requirements, and safety measures to minimize adverse health effects. Applicators shall also demonstrate an understanding of how applicators and bystanders can be exposed to fumigants, signs and symptoms of exposure to fumigants, first aid procedures, emergency preparedness, the ability to calculate buffer zones, air concentrations of fumigant, and preparation of site-specific fumigant management plans and post-application summaries.

(2) Category 2, forest pest control applicators shall demonstrate practical knowledge of the types of forests, forest nurseries, seed production and pest involved. The required knowledge shall include the cyclic occurrence of certain " pests, population dynamics as a basis for programming pesticide applications, the relevant organisms causing harm and the organisms' vulnerability to the pesticides to be applied, how to determine when pesticide use is proper, selection of application method, proper use of application equipment to minimize non-target exposures, and appropriate responses to meteorological factors and adjacent land use. The applicator shall demonstrate an understanding of the potential for phytotoxicity due to a wide variety of plants to be protected, for drift, for persistence beyond the intended period of pest control, and for non-target exposures. Because forest stands frequently include watersheds, aquatic situations, and harbor wildlife, the applicator shall demonstrate knowledge of pest control methods that will minimize the possibility of secondary problems such as surface or ground water contamination and unintended effects on wildlife;

(3) Category 3, ornamental and turf pest control applicators shall demonstrate practical knowledge of pesticide problems associated with the production and maintenance of ornamental trees, shrubs, flowers, groundcover, and turf, including knowledge of potential phytotoxicity due to the wide variety of plants to be protected, for drift, for persistence beyond the intended period of pest control, and for non-target exposures. Because of the frequent proximity of human habitations to application activities, applicators in this category shall also demonstrate practical knowledge of application methods that will minimize or prevent hazards to humans, pets, and other domestic animals;

(4) Category 4, aerial pest control applicators shall demonstrate practical knowledge of pest problems and pest control practices associated with performing aerial application of restricted use pesticides. Applicators shall also demonstrate the ability to read and understand labeling requirements specific to aerial applications, how to choose, operate and maintain aerial application equipment, knowledge of factors to consider before and during aerial application such as weather conditions, wind velocity, and how to minimize drift, demonstrate competency in performing an aerial pesticide application, and knowledge of restricted use pesticide recordkeeping requirements;

(5) Category 5, aquatic pest control applicators shall demonstrate practical knowledge of the characteristics of various aquatic use situations, and the potential for adverse effects on non-target plants, fish, birds, beneficial insects and other organisms in the immediate aquatic environment and downstream. Applicators shall also demonstrate the principles of limited area applications;

(6) Category 6, right-of-way pest control applicators shall demonstrate practical knowledge of the types of environments (terrestrial and aquatic) traversed by rights-of-way, recognition of target pests, and techniques to minimize non-target exposure, runoff, drift, and excessive foliage destruction. Right-of-way pest control applicators shall also demonstrate knowledge of the potential for phytotoxicity due to a wide variety of plants and pests to be controlled, and for persistence beyond the intended period of pest control. Applicators doing right-of-way work shall demonstrate knowledge of application equipment, containment of the pesticide within the right-of-way area, and drift control methods and procedures;

(7) Category 7, industrial, institutional, and structural pest control applicators shall demonstrate a practical knowledge of industrial, institutional, and structural pests, including recognizing those pests and signs of the pest's presence, habitats, life cycles, biology, and behavior as it may be relevant to problem identification and control. Applicators shall demonstrate practical knowledge of types of formulations appropriate for control of industrial, institutional and structural pests, and methods of application that avoid contamination of food, minimize damage to and contamination of areas treated, minimize acute and chronic exposure of people and pets, and minimize environmental impacts of outdoor application. Applicators in this category shall also demonstrate knowledge of the pesticide labeling of the products typically used in the applicator's operations, including hazards to the environment, emergency procedures, application methods, disposal, and pertinent laws, rules, and regulations;

(8) Category 8, public health pest control applicators shall demonstrate practical knowledge of pests that are important vectors of disease, including recognizing the pests and signs of the pests' presence, habitats, life cycles, biology and behavior as it may be relevant to problem identification and control. The required knowledge also includes how to minimize damage to and contamination of areas treated, acute and chronic exposure of people and pets, and non-target exposures. Applicators shall demonstrate competency in nonchemical control methods such as sanitation, waste disposal, and drainage. Applicators shall also demonstrate knowledge of hazards to the environment, emergency procedures, application methods, disposal, and pertinent laws, rules, and regulations;

(9) Category 9, regulatory pest control applicators shall demonstrate practical knowledge of regulated pests, applicable laws relating to quarantine and other regulation of regulated pests, and the potential impact on the environment of restricted use pesticides used in suppression and eradication programs. Applicators shall demonstrate knowledge of factors influencing introduction, spread, and population dynamics of regulated pests;

(10) Category 10, demonstration, research, and instructional pest control applicators shall demonstrate practical knowledge of the potential problems, pests, and population levels reasonable expected to occur in a demonstration situation and the effects of restricted use pesticides on target and non-target organisms. Applicators shall also demonstrate competency in each pest control category applicable to the applicator's demonstration. For purposes of demonstrating proper use of a particular pesticide product, out-of-state technical representatives visiting or working in the State for thirty days or less per year need not be certified in this category if certified in an equivalent category by a jurisdiction authorized by the EPA to issue certifications. The out-of-state technical representative shall present his or her certification credentials to the head for an equivalency determination prior to applying any restricted use pesticides in the State; and

(11) Category 11, chemigation pest control applicators shall demonstrate practical knowledge of labeling requirements specific to chemigation, how to choose, operate and maintain application equipment, the use of metering devices, strategies and equipment for backflow prevention, and procedures for irrigation system assessment for the distribution consistency of water, or chemicals, or both,

(b) Private applicators

(1) Category 1, general agricultural pest control applicators shall demonstrate practical knowledge of agricultural commodities grown in the State and the specific pests relevant to these commodities. Applicators in this category shall demonstrate practical knowledge of how to avoid contamination of ground and surface waters, demonstrate an understanding of preharvest intervals, restricted entry intervals, and entry restricted periods and areas. The applicator shall also demonstrate a practical understanding of phytotoxicity, specific pesticide toxicity, and residue potential when pesticides are applied to animal or animal product agricultural commodities, and the relative hazards associated with using pesticides on animals or places in which animals are confined based on formulation, application technique, age of animal, stress, and extent of treatment. General agricultural pest control applicators shall demonstrate a complete understanding of the Worker Protection Standard, part 170 of title 40, Code of Federal Regulations (2018);

(2) Category 2, agricultural pest control fumigant applicators shall demonstrate practical knowledge of pest problems and pest control practices associated with soil and non-soil fumigant applications. Applicators in this category shall demonstrate knowledge of label and labeling comprehension, safety measures to minimize adverse health effects, characteristics of soil and non-soil fumigants, selecting appropriate application methods and timing, factors that influence fumigant activity, worker protection measures, personal protective equipment and how to use it properly, restricted entry periods, posting requirements, recordkeeping requirements, an understanding of how applicators and bystanders can be exposed to fumigants. Applicators shall also demonstrate knowledge of signs and symptoms of exposure to fumigants, first aid procedures, emergency preparedness, the ability to calculate buffer zones, air concentrations of fumigant, and preparation of site-specific fumigant management plans and post-application summaries; and

(3) Category 3, agricultural chemigation pest control applicators shall demonstrate practical knowledge of labeling requirements specific to chemigation, how to choose, operate and maintain application equipment, the use of metering devices, strategies and equipment for backflow prevention, and procedures for irrigation system assessment for distribution consistency of water, or chemicals, or both. Applicators in this category shall also demonstrate a complete understanding of the Worker Protection Standard, title 40, part 170, Code of Federal Regulations (2018).

(c) Any certified commercial pesticide applicator or certified private pesticide applicator who fails to cooperate with an inspection conducted by the department pursuant to section 149A-36, Hawaii Revised Statutes, may be denied issuance or renewal of certification, or may have certification suspended or revoked.

History

[Eff. 7/13/81; am and comp DEC 16 2006] (Auth: HRS § 149A-33, §§171.4, 171.5) (Imp: HRS § 149A-33, §§171.4, 171.5)

Haw. Code R. § 4-66-59 REPEALED

History

Eff. 7/13/81; R DEC 16 2006
The amended version of this section by Hawaii Administrative Rules Listing of Filings, 2017-01, November, eff.11/3/2017 is not yet available.

Haw. Code R. § 4-66-60 Certification procedures; certificate renewal

(a) The procedures for certifying commercial applicators and renewal of commercial applicator certifications are as follows:

(1) For initial certification of commercial applicators and renewal of commercial applicator certificates, the applicant shall be at1least eighteen years of age. Application shall be made on forms prescribed by the head. Forms are available at the department or on-line at https://hdoa.hawaii.gov. The completed form shall be submitted to the department, with the appropriate fee. Once the form is received by the department, and the appropriate fee has been paid, the applicant will be scheduled for examination. To gain entrance to the testing facility, an applicant shall present a valid, government-issued photo identification or other similarly reliable form of identification as proof of identity and age. The applicant for certification as a commercial applicator shall pass a written examination with a score of seventy per cent or better. The core examination shall cover the general standards and procedures specified in section 4-66-57. Category or subcategory examinations shall cover the specific standards specified in section 4-66-58 (a).

(2) To be eligible to take category or subcategory examinations, the applicant shall first obtain a passing score on the core examination. If the applicant fails to pass the core examination, that applicant is eligible to be re-examined no sooner than fourteen calendar days after the date of the failed examination. A passing score on the core examination will be valid for six months after the date of examination.

(3) Certification in a category or subcategory under section 4-66-58 requires a passing score of seventy per cent or better on the category or subcategory examination. If the applicant fails to pass any examination, that applicant is eligible to be re-examined no sooner than fourteen calendar days after the date of the failed examination. A passing score on the category or subcategory examination will not be valid unless the applicant first obtains a passing score on the core examination. A certificate may be issued if the applicant passes the core examination and any other category and subcategory examinations, meets all other requirements for certification, and complies with all other State and federal requirements.

(4) For renewal of commercial applicator certificates, application for renewal shall be made no sooner than ninety days before and no later than thirty days after expiration of certification. In order for a certified applicator's certification to continue without interruption, the certified applicator shall be recertified before the expiration of his or her current certification. An applicant for recertification shall complete one of the following procedures:

(A) Continuing education. A certified applicator may be found eligible for recertification upon successfully completing a continuing education program by accumulating the prescribed number of hours of training approved for each category or subcategory in which the applicator is certified. The minimum number of training hours required for each specific category is listed in the table below. Completion of the training must be verified by documentation approved by the head. The training must be completed prior to the expiration date on the applicator's certificate. Training must be pertinent to the category or subcategory for which the applicant is seeking to renew certification and shall be a continuing education program of the quality, content, and quantity that will ensure the applicator continues to maintain the level of competency required by sections 4-66-57 and 4-66-58.

| Category | Applicator | Hours of Training Required | | --- | --- | --- | | 1(A) | Crop Pest Control.......... | 25 | | 1(B) | Animal Pest Control........ | 20 | | 1(C) | Soil and Non-soil Fumigant Pest Control.. | 30 | | 2 | Forest Pest Control......... | 30 | | 3 | Ornamental and Turf Pest Control......... | 30 | | 4 | Aerial Pest Control......... | 25 | | 5 | Aquatic Pest Control......... | 25 | | 6 | Right-of-Way Pest Control...... | 30 | | 7(A) | Fumigation Pest Control....... | 25* | | 7(B) | Termite Pest Control......... | 20 | | 7(C) | General Pest Control......... | 30 | | 7(D) | Institutional Pest Control...... | 30 | | 7(E) | Vault Fumigation Pest Control.......... | 25* | | 7(F) | Specialty Categories......... | 20 | | 8 | Public Health Pest Control...... | 24 | | 9 | Regulatory Pest Control....... | 20 | | 10 | Demonstration, Research, & Instructional Pest Control......... | 30 | | 11 | Chemigation Pest Control....... | 5* |

*For asterisked items, five hours must be in specific subject matter directly related to the category; or

(B) Written examination. Pass a written examination as provided in section 4-66-60(a) (1).

(5) A certificate may be renewed if the applicant has accumulated the required number of credits prior to the expiration date on the applicator's certificate, or passed the written examination, meets all other requirements for certification, and complies with any other State and federal requirements,

(b) The procedures for certifying private applicators and renewal of private applicator certifications are as follows:

(1) For initial certification of private applicators and renewal of private applicator certificates, the applicant shall be at least eighteen years of age. Application shall be on forms prescribed by the head. Forms are available at the department or on-line at https://hdoa.hawaii.gov. The completed form shall be submitted to the department, with the appropriate fee. Once the form is received by the department, and the appropriate fee has been paid, the applicant will be scheduled for examination. To gain entrance to the testing facility, an applicant shall present a valid, government-issued photo identification or other similarly reliable form of identification as proof of identity and age. The applicant for certification as a private applicator shall pass a written examination with a score of seventy per cent or better. The examination shall cover the general standards specified in section 4-66-57 and the specific standards specified in section 4-66-58(b).

(2) The applicant shall pass a written examination for private agricultural pest control applicator with a score of seventy per cent or better to be eligible to take agricultural fumigation applicator or agricultural chemigation pest control applicator examinations. A passing score on the private agricultural pest control applicator examination will be valid for six months after the date of examination. If the applicant fails to pass any examination, that applicant is eligible to be re-examined no sooner than fourteen calendar days after the date of the failed examination. If the applicant passes the examination, meets all of the other requirements for certification, and complies with any other State and federal requirements, a certificate may be issued.

(3) For renewal of private applicator certification, application for renewal shall be made no sooner than ninety days before expiration of certification. In order for a certified applicator's certification to continue without interruption, the certified applicator shall be recertified before the expiration of his or her current certification. An applicant for recertification shall complete one of the following procedures:

(A) Continuing education. A certified applicator may be found eligible for recertification upon successfully completing a continuing education program by accumulating twenty hours of training credits. Applicators certified in agricultural fumigation, or agricultural chemigation, or both, must accumulate five hours of training specific to each applicable category. Completion of training must be verified by documentation approved by the head. The training must be completed prior to the expiration date shown on the applicator's certificate and the continuing education program shall be of the quality, content, and quantity that will ensure the applicator continues to maintain the level of competency required by sections 4-66-57 and 4-66-58; or

(B) Written examination. Pass a written examination as provided in section 4-66-60(b) (1).

(4) Certification of private applicator under special circumstances. An applicant for private applicator certification who is unable to pass a written examination may request that the department provide certain testing accommodations. The head shall review requests for testing accommodation on a case-by-case basis. The applicant may be offered the opportunity for testing under special circumstances if the head finds the accommodation request is reasonable and will not result in public safety being compromised. A finding by the head that the requested accommodation is unreasonable or that public safety may be compromised by providing the requested accommodation shall be in writing. Restrictions may be placed on a private applicator who successfully passes certification testing under special circumstances as deemed necessary by the head for the protection of the public and environment. The head shall be solely responsible for determining what constitutes successful passage of certification testing under special circumstances. Renewal of certificates issued under this section can be granted only through the procedures described in this paragraph.

Any applicant aggrieved by a determination of the head relative to certification of private applicator under special circumstances may request a hearing as provided in section 149A-34, Hawaii Revised Statutes.

(1) A training class sponsor or provider shall submit a written application to the head, requesting approval of certification credits for each training class no less than thirty calendar days prior to the scheduled date of each class. A fee for expedited approval of certification credits may be assessed for approval requests received less than thirty calendar days prior to the scheduled date of each class. Appropriate subject matter for training classes is set forth in sections 4-66-57 and 4-66-58.

(2) The written application shall include the name and contact information of the sponsor or provider, instructor credentials, a substantive class description or outline of sufficient detail so evaluation of the course content can be made, a sample of any materials to be provided to the participants, who may attend the class, if any fee will be charged, class evaluation method, and the dates, times, and location of the class. The head shall approve or deny credits within ten business days following receipt of the written application for certification credit.

(3) Approval of training class credit shall be valid for two years, after which time a new written application requesting approval of certification credit shall be submitted.

(4) The number of credits issued for a training session shall be based on an evaluation of course content, instructor qualifications, and the duration of the course by the head. The number of credits approved by the head may be adjusted if department monitoring of the course demonstrates that content and duration either exceeds or fails to meet course description as approved.

(5) Credits shall be awarded to those applicators whose attendance at the session is documented. The training class sponsor or provider shall maintain a record of attendance at the approved sessions.

(6) The record shall show the name, certification number, arrival and departure time for each attendee desiring credits toward certification renewal. The training class sponsor or provider shall forward the record of attendance to the head within thirty calendar days following the course. Failure to timely forward the training class attendance record to the head may result in denial of future training class or certification credit.

(7) Requests to obtain training credit towards certification renewal from sources other than in-person training class attendance may be approved on a case-by-case basis at the sole discretion of the head.

(d) All certifications and renewals issued under this section shall be valid for five years following date of issuance, unless revoked. The date of issuance is the date the examination was passed. Application for renewal shall be on forms prescribed by the head. Forms are available at the department or on-line at https://hdoa.hawaii.gov.

(e) Changes to Certificates and Replacement Certificates. A certification is valid only for the name, category, address, and employer, if applicable, shown on the certificate or recorded on the application for certification or certification renewal. Any changes to the certificate must be reported to the head by the certificate holder within thirty calendar days of any change. Forms to update the certificate holder's information shall be prescribed by the head. Forms are available at the department or on-line at https://hdoa.hawaii.gov. Failure to notify the head within thirty days of any change in name, applicator category, address, or employer may result in certification revocation, or may subject the certificate holder to additional penalties as provided by law. Applicators may request a replacement certificate to update information, to replace lost certificates, and to consolidate certifications on different certificates. The replacement certificate with appropriate changes shall be issued after payment of appropriate fees. A replacement certificate will expire on the same date as the original certification. If the certificate holder requests consolidation of certificates onto a single certificate, then those certifications will expire on the earliest certificate's expiration date.

(f) Should the certification of any commercial applicator or private applicator be suspended or revoked, the certified applicator shall participate in a remedial education program prior to applying for reinstatement of certification.

History

[Eff. 07/13/81; am and comp DEC 16 2006] (Auth: HRS § 149A-33, 40 CFR §171.7 ) (Imp: HRS § 149A-33, 40 CFR §171.7)

Haw. Code R. § 4-66-61 Conditions on the use of restricted use pesticides by non-certified applicator

A person may apply a restricted use pesticide, provided that:

(1) The person is under the direct supervision of an applicator certified in each category applicable to the restricted use pesticide being used.

(2) The certified applicator shall give the non-certified applicator use-specific written instructions in a manner the non-certified applicator can understand. The use-specific instructions shall include labeling directions, precautions, and requirements applicable to the site, method of application, and pesticide used. The certified applicator shall ensure that equipment used for mixing, loading, transferring, or applying pesticides is in proper operating condition and can reasonably be used without risk by the non-certified applicator. The certified applicator shall ensure that the non-certified applicator has access to the applicable product labeling at all times during use, and if the labeling requires that personal protective equipment be worn, the certified applicator shall ensure that the non-certified applicator has the appropriate clean personal protective equipment available and the equipment is used correctly for its intended purpose. The certified applicator shall ensure that the means to immediately communicate with the certified applicator is available to each non-certified applicator.

(3) The certified applicator shall be responsible for all violations of chapter 149A, Hawaii Revised Statutes and these rules.

(4) The non-certified applicator shall meet the minimum age requirement to use or apply restricted use pesticides under the supervision of a certified applicator. The non-certified applicator shall also meet any other non-certified applicator qualification requirements specified in title 40, part 171, Code of Federal Regulations (2018).

(5) The label of the pesticide being used must not prohibit its use by a non-certified applicator under the direct supervision of a certified applicator.

(6) Failure to abide by chapter 149A, Hawaii Revised Statutes and these rules may result in certification revocation, or subject the certification holder to additional penalties as provided by law.

History

[Eff. 7/13/81; am and comp DEC 16 2006] (Auth: HRS § 149A-33, 40 CFR §171.6) (Imp: HRS § 149A-33, 40 CFR §171.6)

Haw. Code R. § 4-66-62 Certified pesticide applicator recordkeeping

(a) Certified pesticide applicators shall keep records of all restricted use pesticide applications at the applicator's principal place of business.

(b) These records must be kept for a period of two years and shall be made available for inspection and copying by the head during reasonable working hours.

(1) Brand or common name of pesticide product applied;

(2) EPA registration number;

(3) Type of formulation;

(4) Per cent active ingredient;

(5) Scientific or common name of target pest;

(6) Dilution rate;

(7) Total amount of pesticide used;

(8) Total area covered;

(9) Time and date of application;

(10) Address or location of treated site;

(11) Name of certified applicator and his or her certification number;

(12) Crop, commodity, stored product or other site;

(13) Restricted entry interval and whether posting and oral notification are required; and

(14) Any other information the head deems necessary.

(d) Commercial applicators that apply any pesticide in agricultural operations shall furnish a written record containing the following information to the agricultural employer before any pesticide is applied:

(1) The specific location and description of the treated area;

(2) Time and date of application;

(3) Product name, EPA registration number, and active ingredient(s);

(4) Restricted entry interval;

(5) Whether posting and oral notification are required; and

(6) Any other product-specific requirements on the product labeling concerning protection of workers or other persons during or after application.

(e) Commercial applicators shall retain a copy of the written record furnished to the agricultural employer in compliance with subsection (d). These records must be kept for a period of two years and shall be made available for inspection and copying by the head during reasonable working hours.

(f) Beginning January 1, 2019, every certified restricted use pesticide applicator shall submit to the department, for departmental use, an annual report of all use of restricted use pesticides. The report shall be submitted to the department no later than thirty days following the end of each calendar year on a form prescribed by the head. The report shall include:

(1) Name of certified applicator and his or her certification number;

(2) EPA registration number of each restricted use pesticide used;

(3) Commercial product name of each restricted use pesticide used;

(4) Active ingredient(s) of each restricted use pesticide used;

(5) The total quantities for each restricted use pesticide used;

(6) The total area treated for each restricted use pesticide used;

(7) The date on which the restricted use pesticide application occurred; and

(8) A general description of the geographic location, including, at a minimum the tax map key number, at which the restricted use pesticides were used.

(g) The department shall produce a summary from the information collected under subsection (f), for public disclosure, by county that includes:

(1) The total quantities used, by EPA registration number, commercial product names, and active ingredients for each restricted use pesticide used; and

(2) The total amount of area in the county in which the restricted use application occurred.

(h) Certified pesticide applicators shall create or verify the existence of records documenting that each non-certified applicator who mixes, loads, transfers, or applies restricted use pesticides has the qualifications required under section 4-66-61(4).

(i) Failure to comply with the recordkeeping requirements may result in certification revocation and subject the certified pesticide applicator to additional penalties as provided by law.

History

[Eff. 7/13/81; am and comp DEC 16 2006] (Auth: HRS § 149A-33, 40 CFR §171.7) (Imp: HRS § 149A-33, 7 CFR § 110, 40 CFR §§ 170.224, 171.7)

Haw. Code R. § 4-66-63 REPEALED

History

Eff. 7/13/81; R DEC 16 2006
The amended version of this section by Hawaii Administrative Rules Listing of Filings, 2017-01, November, eff.11/3/2017 is not yet available.

Haw. Code R. § 4-66-63.1 Annual Use Permit

(a) A pesticide may be designated by the board as requiring an annual use permit for purchase if the department, after an evaluation of pesticide uses in accordance with section 4-66-32.1, determines that existing controls over the pesticide may be inadequate to prevent potential unreasonable adverse effects on humans or the environment and that tracking and controlling use is appropriate.

(b) An annual use permit is required for the purchase and use of picloram. Additional pesticides may be designated as requiring an annual use permit as provided in section 4-66-63.1(a). The board, upon designation of any additional pesticide product as requiring an annual use permit, shall maintain a list of such pesticide products at the department Office of the Chairperson. The list of pesticide products that require an annual use permit shall also be posted on the department's website.

(c) Application for an annual use permit shall be on forms prescribed by the head, and shall include the applicant's name and address, name of applicator, acreage amount to be treated, location, and other information as the head may require. Forms are available at the department or on-line at https://hdoa.hawaii.gov. An application and permit may be amended during the permit period to add acreage, other locations, additional quantity of pesticide or other changes, as appropriate.

(d) In determining whether to issue an annual use permit, the potential use described in an application will be reviewed for compliance with the pesticide's label directions. The head shall determine the quantity of pesticide to be authorized for each permit and other permit conditions necessary to prevent unreasonable adverse effects to humans or the environment.

(e) Failure to comply with the terms or conditions of any annual use permit may result in permit revocation and subject the permittee to additional penalties as provided by law.

History

[Eff and comp DEC 16 2006] (Auth: HRS § 149A-19) (Imp: HRS § 149A-32.5)

Haw. Code R. § 4-66-64 Conditions and limitations on aerial application of restricted use pesticides

(a) No person shall apply a restricted use pesticide by manned or unmanned aircraft except by special permit issued by the head and under the following conditions and limitations:

(1) Application for a special permit to apply restricted use pesticides by aerial application shall be made on forms prescribed by the head. Forms are available at the department or on-line at https://hdoa.hawaii.gov;

(2) The special permit application shall include date, name, address and certification number of the applicator, purpose of aerial treatment, restricted use pesticide formulation, dosage, method of aerial treatment, the proposed number of treatments to be made, and a sketch or map that indicates general wind directions, proposed site or sites to be treated, homes, roadways, waterways, and crop plantings in the vicinity;

(3) The head may refuse to issue a special permit for aerial application of restricted use pesticides if it is determined that the proposed aerial treatment may cause unreasonable adverse effects to humans or the environment or will create a hazard. All refusals shall be in writing and the reasons for refusal stated;

(4) A special permit for aerial application of restricted use pesticides shall specify the time period for which the special permit is valid. The head may specify and limit a special permit for aerial application of restricted use pesticides to cover a single, multiple, or continual treatments when conditions are not expected to change or vary during subsequent treatments that are conducted in the same designated area or areas;

(5) Any special permit for aerial application of restricted use pesticides may be canceled or revoked by the head before its stated expiration date for reasonable cause. Such cancellation or revocation shall be in writing and reasons for cancellation or revocation stated;

(6) The head shall be notified no less than twenty-four hours in advance of the aerial treatment unless another time period is specified as a permit condition; and

(7) The issuance of a special permit for aerial application of a restricted use pesticide shall not relieve the permittee from the penalty provisions of the Act or any liability for any damage or contamination of crops or plants, animals, humans, and the environment resulting from the aerial treatment or contamination of crops or plants, animals, humans, and the environment resulting from the aerial application of restricted use pesticides.

(b) The following provisions shall apply to the operating conditions of manned or unmanned aircraft and equipment used for aerial application of restricted use pesticides:

(1) Spray equipment on manned or unmanned aircraft shall be leakprodf. Spray nozzles shall be equipped with a device to prevent dribble when spray is turned off;

(2) All aerial pesticide dispersal equipment shall be inspected and maintained in good working order according to the manufacturer's instructions; and

(3) Manned or unmanned aircraft used to apply restricted use pesticides, and manned or unmanned aircraft operators, shall comply with all Federal Aviation Administration Regulations.

(c) The head may add further permit conditions as deemed necessary for the protection of the public, or environment, or both.

(d) Failure to comply with the terms or conditions of any special permit for aerial application of restricted use pesticides may subject the permittee, or person supervising the aerial application, or both, to additional penalties as provided by law.

History

[Eff. 7/13/81; am and comp DEC 16 2006] (Auth: HRS § 149A-33) (Imp: HRS § 149A-33)

Haw. Code R. § 4-66-64.1 Conditions and limitations on pesticide application by means other than aerial treatment

(a) No person shall apply a restricted use or nonrestricted use pesticide except under the following conditions and limitations:

(1) All pesticide applications shall be made in accordance with the product label;

(2) Spray equipment nozzles shall be equipped with a device to prevent leakage when spray is turned off;

(3) Self-propelled power rigs used for inter-row or broad-cast applications shall be equipped with a pressure control device and a pressure gauge;

(4) Reasonable methods necessary to minimize the risk of off-target pesticide product movement shall be utilized; and

(5) Power rigs, mist blowers, and other equipment used to disperse any pesticide product shall be inspected and maintained in good working order according to the manufacturer's instructions.

History

[Eff and comp 8/23/2019] (Auth: HRS § 149A-33) (Imp: HRS § 149A-33)

Haw. Code R. § 4-66-64.2 Conditions and limitations on restricted use pesticide application within buffer zones

(a) Beginning January 1, 2 019, no person shall apply a restricted use pesticide on or within one hundred feet of a school property during normal school hours.

(b) This section shall not apply to whole structure fumigation.

(c) If this section is determined to conflict with any pesticide application information listed on the pesticide label, the more restrictive provision shall apply.

(d) Buffer zones may be determined by tax map key number, or if tax map key number is not an appropriate means of establishing the buffer zone, by property boundaries such as fence lines, landscaping, or other method that is reasonably capable of determining the school's property.

(e) School locations may be identified by readily available public records.

(f) The certified applicator shall be responsible for all violations of chapter 149A, Hawaii Revised Statutes and this rule.

As used in this section:

"Buffer zone" means an area in which no restricted use pesticides may be applied.

"Normal school hours" means Monday through Friday from 7:00 a.m. until 4:00 p.m., excluding days when classes are not in session.

"School" means any public or private preschool, kindergarten, elementary, intermediate, middle, secondary, or high school.

History

[Eff and comp 8/23/2019] (Auth: HRS §§ 149A-33, 149A-28) (Imp: HRS § 149A-28)

Haw. Code R. § 4-66-65 REPEALED

History

Eff. 7/13/81; R DEC 16 2006
The amended version of this section by Hawaii Administrative Rules Listing of Filings, 2017-01, November, eff.11/3/2017 is not yet available.

Haw. Code R. § 4-66-66 Fees

(a) The head shall set forth and collect fees for licensing of restricted use and nonrestricted use pesticides; permitting of restricted use pesticide dealers and dealer representatives; nonchemical pest control devices submitted for approval; certification of applicators; and, document copying as follows:

(1) A fee of $930 shall be assessed for each product licensed in the State for each three-year licensing period. A licensee who desires to continue to have the license in effect shall submit an application for renewal and $930 for each pesticide product license to be renewed. A one-time fee of $330 shall be assessed for each nonchemical pest control device submitted for approval.

(2) A fee of $500 shall be assessed annually for each principal sales outlet permit and a fee of $200 for each branch sales outlet of restricted use pesticide dealers.

(3) A fee of $50 shall be assessed for each examination taken for certification or renewal of certification.

(4) A fee of $50 will be assessed for the issuance of a replacement applicator certificate or replacement of dealer representative permit.

(5) A fee of $100 shall be assessed for the issuance of an initial pesticide applicator certificate or initial restricted use pesticide dealer representative permit, which shall be valid for five years.

(6) A fee of $100 shall be assessed for renewal of a pesticide applicator certificate or renewal of restricted use pesticide dealer representative permit, which shall be valid for five years.

(7) A fee of $50 shall be assessed for each examination taken for pesticide dealer representative permit.

(8) A fee of $.25 per page shall be assessed to copy documents in either paper or electronic format.

(9) A fee of up to $50 per hour may be assessed for educational services, testing, or training provided by the department staff, or independent contractors hired by the department to provide such services.

(10) A fee of up to $100 may be assessed for expedited approval of sponsor or provider offered continuing education training classes.

(b) Fees shall be waived, upon approval of the head, for personnel of state agencies, the University of Hawaii, and other government agencies, who apply restricted use pesticides for quarantine purposes, public health and forestry pest control, utility and roadway maintenance, research, and demonstration. The head may waive or reduce fees based upon demonstrated financial hardship.

History

[Eff. 7/13/81; am and comp DEC 16 2006] (Auth: HRS § 149A-33) (Imp: HRS § 149A-33)

Haw. Code R. § 4-66-66.1 Enforcement action and penalty assessment schedule

(a) In proposing enforcement actions, the department may use the enforcement action and penalty assessment schedule dated, which is appended at the end of this chapter and made a part of this section by reference. In selecting an appropriate penalty, the department shall consider the factors in section 149A-41, Hawaii Revised Statutes.

(b) Notwithstanding subsection (a), the department is not limited to the sanctions shown in the enforcement action and penalty assessment schedule. In its discretion, the department may deny, cancel, suspend, or revoke a permit, license or certificate, as provided in sections 149A-14, 149A-18 and 149A-34, Hawaii Revised Statutes, separately or in conjunction with the enforcement action. The department may assess an appropriate penalty as provided in the enforcement action and penalty assessment schedule and consistent with sections 141-7 and 149A-41, Hawaii Revised Statutes.

(c) For private applicators and other persons referred to in section 149A-41(b)(2), Hawaii Revised Statutes, the penalty assessment shall apply after the written warning or citation requirement of section 149A-41(b)(2) has been satisfied

History

[Eff. 7/13/81; am and comp DEC 16 2006] (Auth: HRS §§ 149A-20, 149A-33, 149A-41) (Imp: HRS § 149A-20, 149A-41)

Haw. Code R. § 4-66-67 Severability

If any section of this chapter is declared unconstitutional, or the applicability thereof to any person or circumstance is held invalid, the constitutionality of the remainder of this chapter and applicability thereof to other persons and circumstances shall not be affected.

History

[Eff. 7/13/81, comp DEC 16 2006] (Auth: HRS § 149A-52) (Imp: HRS § 149A-52)

Chapter 67 SEED RULES

Haw. Code R. § 4-67-1 Objectives

The objectives of this chapter are to implement the requirements of chapter 150, Hawaii Revised Statutes, and to establish criteria for seed analyses and certification.

History

[Eff. 7/13/81; comp] (Auth: HRS § 150-22) (Imp: HRS §§ 150-22, 150-23, 150-24, 150-25, 150-26, 150-27, 150-28)

Haw. Code R. § 4-67-2 Definitions

As used in this chapter: "Inoculant" means a substance containing nitrogen fixing bacteria; "Prohibited noxious weed seed" is seed which is prohibited from being present in agricultural and vegetable seed lots;

"Restricted noxious weed seed" is seed which is singly or collectively limited to 32 seeds per pound of agricultural and vegetable seed;

"Seed certification" means the process of regulating the production and labeling of seed to comply with the standards of the official seed certifying agency of the State;

"Treated" means that the seed has received an application of a substance, or that it has been subjected to a process for which a claim is made.

History

[Eff 7/13/81; am and comp] (Auth: HRS § 150-22) (Imp: HRS § 150-22)

Haw. Code R. § 4-67-3 Noxious weed seed

(a) The following are declared prohibited noxious weed seed:

| Scientific Name Common Name | | | --- | --- | | Acacia mearnsii black wattle | | | Acaena novae-zelandiae | New Zealand bur, piripiri | | Acroptilon repens | Russian knapweed | | Aegilops triuncialis | barb goatgrass | | Aeschynomene indica | Kat sola, Indian jointvetch | | Ageratina adenophora | croftonweed, Maui pamakani | | Ageratina altissima | white snakeroot | | Ageratina riparia | creeping croftonweed, Hamakua pamakani | | Alhagi maurorum | camelthorn | | Allium vineale wild garlic | | | Ambrosia spp. ragweeds | | | Andropogon bicornis | West Indian foxtail | | Andropogon virginicus | broomsedge | | Ardisia elliptica shoebutton ardisia | | | Aristida spp. three-awns | | | Astragalus spp. locoweeds | | | Bocconia frutescens | plume poppy | | Cardaria draba hoary cress | | | Cardaria pubescens | hairy whitetop | | Centaurea solstitialis | yellow starthistle | | Cereus uruguayanus | spiny tree cactus, Peruvian apple | | Chromolaena odorata | siamweed, bitterbush | | Cirsium arvenseCanada thistle | | | Clidemia hirta var. hirta | Koster's curse, curse | | Coccinia grandis | ivy gourd | | Convolvulus arvensis | field bindweed | | Convolvulus sepium | hedge bindweed | | Cortaderia jubata | | | Cymbopogon refractus | barbwire grass | | Cyperus esculentus | yellow nutsedge | | Cytisus monspessulanus | French broom | | Cytisus scoparius | Scotch broom | | Dichrostachys nutans | marabu | | Elephantopus mollis | elephantopus, elephant's foot | | Elytrigia repens quackgrass | | | Emex spinosa spiny emex | | | Eriocereus martinii | moon cactus | | Euphorbia esula leafy spurge | | | Gaura spp. | gaura | | Grevillea banksii | kahiliflower, Bank's grevillea | | Halogeton glomeratus | halogeton | | Heliantus ciliaris | blueweed | | Hypericum perforatum | common St. John's-wort | | Hyptis pectinatacomb hyptis | | | Hyptis suaveolens | wild spikenard | | Imperata cylindrica | cogongrass | | Lagascea mollis acuate | | | Lepidium latifolium | perennial pepperweed | | Malachra alceifolia | malachra | | Medinilla venosa | | | Melastoma spp. melastoma | | | Miconia spp. miconia | | | Mikania micrantha | mile-a-minute | | Mikania scandens | climbing hempweed | | Mimosa invisa giant sensitiveplant | Mimosa pigra thorny | | sensitiveplant | | | Miscanthus floridulus | miscanthus, Japanese silvergrass | | Montanoa hibiscifolia | tree daisy | | Myrica faya firetree, candleberry | | | | myrtle | | Oxyspora paniculata | | | Oxytropis spp. locoweeds | | | Panicum repens torpedograss | | | Passiflora mollissima | banana pasionfruit, banana poka | | Passiflora pulchella | wingleaf passionfruit | | Pennisetum setaceum | fountaingrass | | Piper aduncum spiked pepper | | | Pittosporum undulatum | Victorian box | | Prosopis juliflora | | | Pueraria phaseoloides | tropical kudzu | | Rhodomyrtus tomentosa | downy rosemyrtle | | Rorippa austriaca | Austrian fieldcress | | Rubus argutus prickly Florida | | | | blackberry | | Rubus ellipticus yellow Himalayan var. obcordatus | raspberry | | Rubus niveus hill raspberry | | | Rubus sieboldii Molucca raspberry | | | Salsola kali Russian thistle | | | Senecio madagascariensis | fireweed | | Solanum carolinense | horsenettle | | Solanum elaeagnifolium | silverleaf nightshade | | Solanum robustum | | | Solanum rostratum | buffalo bur | | Solanum torvum | turkeyberry, terongan | | Sonchus arvensis | perennial sowthistle | | Spartium junceum | Spanish broom | | Stipa trichotoma | nasella tussock | | Striga spp. witchweeds | | | Taeniatherum caput-medusae | medusahead | | Themeda villosa | Lyon's grass | | Tibouchina spp. tibouchina | | | Triumfetta rhomboidea | paroquet bur | | Triumfetta semitriloba | Sacramento bur | | Ulex europaeus gorse | | | Urena lobata caesarweed | | | Verbascum thapsus | mullein | | (b) The following species are declared restricted noxious weed seed: | | | Acanthospermum hispidum | star bur | | Asclepias spp. milkweeds | | | Carduus spp. plumeless, musk, or | | | | curled thistle | | Chrysanthemum leucanthemum | oxeye daisy | | Crotalaria longirostrata | longbeak rattlepod | | Crotalaria spectabilis | showy crotalaria | | Cuscuta spp. dodders | | | Elephantopus spp. (except E. mollis) | elephantopus | | Emex australis emex | | | Euphorbia serrata | toothed spurge | | Lactuca pulchella | blue lettuce | | Sorghum almum | almum sorghum | | Sorghum halepense | johnsongrass | | Stipa spp. | needlegrasses | | Tagetes minuta wild marigold | | | Tribulus terrestris | puncturevine | | Xanthium spp. cockleburs | |

History

[Eff. 7/13/81; am and comp] (Auth: HRS § 150-22) (Imp: HRS §§ 152-1, 152-4)

Haw. Code R. § 4-67-4 Limitations on noxious weed seed

No person shall sell, offer, or expose for sale within the State, for planting purposes, agricultural or vegetable seed:

(1) Consisting of or containing prohibited noxious weed seed; or

(2) Consisting of or containing more than 32 seeds of restricted noxious weed seed singly or collectively per pound.

History

[Eff. 7/13/81; am and comp] (Auth: HRS § 150-22) (Imp: HRS §§ 150-22, 150-23)

Haw. Code R. § 4-67-5 Labeling requirements

(a) Each container of agricultural or vegetable seed sold or offered for sale within the State for planting purposes shall bear, or have attached in a conspicuous place, a plainly written or printed label or tag in the English language giving the following information:

(1) The name and rate of occurrence per pound of each noxious weed seed present; and

(2) The net weight, count, or if the seed is placed in a germination medium, mat, tape, planting container or other device, the minimum number of seed.

(b) In addition to complying with subsection (a), tags or labels of all treated agricultural and vegetable seed shall provide the following information:

(1) The word "treated" or a statement indicating that the seed has been treated, either of which shall be printed in type not smaller than eight-point; and

(2) The commonly accepted coined, chemical or abbreviated chemical (generic) name, or scientific name of the applied substance; and

(3) If the substance in the amount present with the seed is harmful to humans or other vertebrate animals, the seed shall be labeled with a caution statement such as, "Do not use for food, feed, or oil purposes." The caution for mercurials and similarly toxic substances shall be a representation of a skull and crossbones at least twice the size of the type used for information required to be on the label under substance b, paragraph 1, and shall also include in red letters on a background of distinctly contrasting color, a statement worded substantially as follows: "This seed has been treated with Poison," "Treated with Poison," "Poison treated," or "Poison." The word "Poison" shall be in type not smaller than eight-point; and

(4) If the seed is treated with an inoculant, a statement indicating the month and year which the inoculant is no longer considered effective, such as, "Inoculant not claimed to be effective after (month and year)."

(c) In addition to complying with subsection (a), tags or labels of vegetable seed in containers of more than one pound shall provide the following information:

(1) The percentage of germination exclusive of hard seed;

and

(2) The percentage of hard seed, if present; and

(3) The month and year the test was completed to determine the percentage.

(d) In addition to complying with subsection (a), tags or labels of vegetable seed in containers of one pound or less shall provide the following information:

(1) A statement indicating the year for which the seed was packed for sale such as "Packed for 1991;" or

(2) The germination percentage and the month and year the test was completed to determine the percentage.

(e) In addition to complying with subsection (a), tags or labels of seed packaged in hermetically-sealed containers shall provide the following information:

(1) A statement indicating that the container is hermetically-sealed; and

(2) A statement indicating that the seed has been preconditioned as to moisture content; and

(3) The month and year in which the germination test was completed.

History

[Eff. 7/13/81; am and comp] (Auth: HRS § 150-22) (Imp: HRS §§ 150-24, 150-25)

Haw. Code R. § 4-67-6 Extension of germination test date

The limitation on the date of test for agricultural and vegetable seed shall be extended to thirty-six months when all of the following conditions have been met:

(1) the seed was packaged in a hermetically-sealed container which does not allow water vapor penetration through any wall, including the seals, greater than 0.05 grams of water per twenty-four hours per one hundred square inches of surfare at 100° F. with a relative humidity (RH) on one side of ninety per cent and on the other side of zero per cent. Water vapor penetration (WVP) is measured by the standards of the United States Bureau of Standards as: gm H₂0/24 hour/100 square inch/100⁰ F./90% RH V .0% RH;

(2) The seed was packaged within nine months after harvest;

(3) The percentage of germination of vegetable seed at the time of packaging was equal to or above the standard as provided in § 4-67-14;

(4) The seed in the container does not exceed the percentage of moisture, on a weight basis, as listed in Table 1, "Maximum Percentage of Moisture Allowable by Weight in a Hermetically-Sealed Seed Container," dated June 18, 1992 located at the end of this chapter; and

(5) The container is labeled in accordance with the labeling requirements of § 4-67-5.

History

[Eff. 7/13/81; am and comp] (Auth: HRS §§ 150-22, 150-23) (Imp: HRS §§ 150-23, 150-24, 150-25)

Haw. Code R. § 4-67-7 REPEALED

History

Haw. Code R. § 4-67-8 Tolerances

The tolerance to be applied in all seed testing procedures shall be as adopted by the Association of Official Seed Analysts, "Rules for Testing Seeds,: Vol. 12, No. 3, 1988, revised 1989, 1990 or, if no applicable tolerance is provided therein, as published in the Federal Seed Act regulations, Title 7, Chapter 201 of the Code of Federal Regulations, as it existed on January 1, 1991. Tolerances shall not be applied to prohibited noxious weed seed listed in § 4-67-3.

History

[Eff 7/13/81; am and comp] (Auth: HRS § 150-22) (Imp: HRS §§ 150-22, 150-23)

Haw. Code R. § 4-67-9 REPEALED

History

Haw. Code R. § 4-67-10 REPEALED

History

Haw. Code R. § 4-67-11 REPEALED

History

Haw. Code R. § 4-67-12 REPEALED

History

Haw. Code R. § 4-67-13 REPEALED

History

Haw. Code R. § 4-67-14 Germination standards

Standards for germination of vegetable seeds are found in Table 2, entitled "Germination Standards for Vegetable Seed," dated June 18, 1992 located at the end of this chapter.

History

[Eff. 7/13/81; am and comp] (Auth: HRS § 150-22) (Imp: HRS §§ 150-22, 150-23, 150-25)

Haw. Code R. § 4-67-15 Seed certification standards

The standards for seed certification shall conform to the standards established by the Associatiuon of Official Seed Certifying Agencies, November 1979 edition and published in its Certification Handbook Publication No. 23 as amended January 1984.

History

[Eff. 7/13/81; am and comp] (Auth: HRS § 150-22) (Imp: HRS §§ 150-22, 150-24, 150-25)

Haw. Code R. § 4-67-16 Service fees

(a) The fee for purity analyses for all kinds of seed shall be five dollars ($5.00) per analysis.

(b) The fee for noxious weed seed examinations for all kinds of seed shall be five dollars ($5.00) per examination.

(d) There shall be no fee charged for the testing and analysis of a sample drawn by department personnel to determine whether the seed, label, or both are in compliance with the Hawaii Seed Law and rules.

(e) The fees for seed certification shall be as follows:

(1) Registration fee ... $20.00 per seed lot;

(2) Acreage fee.........$2.50 per acre for each seed lot; and

(3) Travel ............. Actual cost of transportation, miscellaneous expenses, and the current state per diem.

History

[Eff 7/13/81; am and comp] (Auth: HRS § 150-22) (Imp: HRS § 150-22)

Haw. Code R. § 4-67-17 Seed License

(a) Application for a seed license shall be made on a form provided by the department

(b) The license shall expire on June 30 of each year and may be renewed on or before July 1 of each year.

History

[Eff. 7/13/81; am and comp] (Auth: HRS § 150-22) (Imp: HRS §§ 150-22, 150-29)

Chapter 68 NOXIOUS WEED RULES

Haw. Code R. § 4-68-1 Objectives

The objectives of this chapter are to implement the requirements of chapter 152, Hawaii Revised Statutes, and to establish criteria for designation, control, or eradication of noxious weeds.

History

[Eff. 7/13/81; comp] (Auth: HRS § 152-2) (Imp: HRS §§ 152-3, 152-4, 152-5, 152-6)

Haw. Code R. § 4-68-2 Definitions

As used in this part:

"Board" means the board of agriculture;

"Chairman" means the chairman of the board of agriculture;

"Cooperative agreement" means an agreement between the department and the landowner and land occupier for the control or eradication of a noxious weed infestation;

"Head" means the head of the division of plant industry, department of agriculture; and

"Land occupier" means a person who occupies, resides on, or utilizes land or real estate of a landowner.

History

[Eff. 7/13/81; comp] (Auth: HRS § 152-2) (Imp: HRS § 152-2)

Haw. Code R. § 4-68-3 Criteria for the designation of noxious weeds for eradication or control projects by the department

Each plant species designated as a noxious weed for eradication and control projects by the department, shall meet all of the criteria in § 4-68-4 through § 4-68-8.

History

[Eff. 7/13/81; comp] (Auth: HRS § 152-2) (Imp: HRS §§ 152-2, 152-4)

Haw. Code R. § 4-68-4 Designation; criteria based on plant reproduction

Reproductive characteristics of noxious weeds are:

(1) A plant species that reproduces by seeds capable of being dispersed over wide areas; or

(2) A plant species that reproduces by seeds capable of remaining dormant for two years or more; or

(3) A plant species that reproduces by tubers, creeping roots, stolons, rhizomes, or other natural vegetative means.

History

[Eff. 7/13/81; comp] (Auth: HRS § 152-2) (Imp: HRS §§ 152-2, 152-4)

Haw. Code R. § 4-68-5 Criteria based on growth characteristics

Growth characteristics of noxious weeds are:

(1) A plant species that is capable of competing with cultivated crops for nutrients, water or sunlight; or

(2) A plant species that becomes established and forms dense stands in pasture lands, forests, lawns, landscape gardens, and recretational areas and conservation districts and is capable of shading and crowding our forage plants, native plants, and other desirable plants.

History

[Eff. 7/13/81; am and comp] (Auth: HRS § 152-2) (Imp: HRS §§ 152-2, 152-4)

Haw. Code R. § 4-68-6 Criteria based on detrimental effects

Detrimental effects of noxious weeds are:

(1) A plant species that is causing or has the potential of causing severe production losses or increased control costs to the agricultural, horticultural, aquacultural, or livestock industries; or

(2) A plant species that is or has the potential of endangering native flora and fauna by encroachment in forest and conservation areas; or

(3) A plant species that is or has the potential of hampering the full utilization and enjoyment of recreational areas including forest and conservation areas; or

(4) A plant species that is poisonous, injurious, or otherwise harmful to humans or animals.

History

[Eff. 7/13/81; comp] (Auth: HRS § 152-2) (Imp: HRS §§ 152-2, 152-4)

Haw. Code R. § 4-68-7 Criteria based on control

Control criteria of noxious weeds include:

(1) A plant species that is not effectively controlled by present day technology or by available herbicides currently registered for use pursuant to chapter 149A, Hawaii Revised Statutes; or

(2) A plant species that is effectively controlled only by extraordinary efforts such as repeated herbicidal applications at high dosage rates; or

(3) A plant species that is effectively controlled only by additional effort over and beyond the normal weed maintenance effort required for the production or management of certain crops and pasture lands, recreational areas, forest lands, or conservation areas.

History

[Eff. 7/13/81; comp] (Auth: HRS § 152-2) (Imp: HRS §§ 152-2, 152-6)

Haw. Code R. § 4-68-8 Criteria based on distribution and spread

Distribution and spread criteria of noxious weeds are:

(1) A plant species that is not known to occur in one or more islands of the State; or

(2) A plant species that is known to occur only in incipient stages on less than five acres on one or more islands of the State; or

(3) A plant species that is known to occur on more than five acres but only in isolated or limited areas on one or more islands of the State.

History

[Eff. 7/13/81; comp] (Auth: HRS § 152-2) (Imp: HRS §§ 152-2, 152-5)

Haw. Code R. § 4-68-9 Criteria for the designation of noxious weeds for control projects by lessees as provided in pasture lease agreement of State lands

Each plant species designated as a noxious weed for control projects by lessees as provided in a pasture lease agreement of State lands shall meet the criteria of § 4-68-3.

History

[Eff. 7/13/81; comp] (Auth: HRS § 152-2) (Imp: HRS §§ 152-4, 152-6)

Haw. Code R. § 4-68-10 Procedure for the designation of noxious weeds

(a) The head shall direct a continuous program of study and evaluation of potential noxious weed species.

(b) Study and evaluation of a specific plant species may be initiated by the head or upon request by other governmental agencies or private organizations.

(c) When sufficient data have been accumulated on a plant species, the head may submit to the board a request for designation of the plant species as a noxious weed, pursuant to rule adoption.

(d) The plant species shall meet the criteria for designation as a noxious weed as provided in § 4-68-3.

(e) The list of plant species designated as noxious weeds, adopted by the board on June 18, 1992, and located at the end of this chapter is made a part of this section.

(f) A plant species shall be designated as a noxious weed for an eradication or control project by the department or for a control project by lessees as provided in State pasture lease agreements upon approval by the board.

(g) When the head determines that a plant species officially designated as a noxious weed no longer meets the criteria for the designation of noxious weed, the head may submit to the board a request for aproval to rescind the official designation for that plant species, pursuant to rule adoption. The request shall include a report with reasons to justify the re-designation.

(h) The official designation of a plant species as a noxious weed shall be rescinded upon approval by the board.

History

[Eff. 7/13/81; am and comp] (Auth: HRS § 152-2) (Imp: HRS §§ 152-2, 152-4)

Haw. Code R. § 4-68-11 Designation of an area declared free or relatively free of a specific noxious weed

(a) The head may ecommend to the board the designation of a certain locality, an island, a group of islands, or the entire State as being free or relatively free of a specific noxious weed when the head determines that:

(1) Infestation of the specific noxious weed is not known to occur in the area being considered; or

(2) Infestation of the specific noxious weed is known to occur in the area being considered only in an incipient stage that could be easily eradicated.

(b) The head may defer the recommendation for the designation of an area declared free or relatively free of a specific noxious weed pursuant to § 4-68-11(a) when it is determined that:

(1) The specific noxious weed is commercially cultivated as a crop for food, feed, or ornamental purposes; and

(2) The likelihood of the specific noxious weed manifesting its detrimental effects in the specific area would be remote or nil because of geographic barriers or ecological conditions.

(c) A locality, an island, a group of islands or the entire State shall be designated relatively free of a specific noxious weed upon approval of the board.

History

[Eff. 7/13/81; am and comp] (Auth: HRS § 152-2) (Imp: HRS § 152-5)

Haw. Code R. § 4-68-12 Forms of cooperative agreements

There shall be four forms of cooperative agreements as set forth in § 4-68-13 to § 4-68-16, for the purpose of initiating noxious weed control or eradication projects.

History

[Eff. 7/13/81; comp] (Auth: HRS § 152-2) (Imp: HRS § 152-6)

Haw. Code R. § 4-68-13 Form A cooperative agreement

This agreement shall include but not be limited to the following provisions:

(1) The department shall provide necessary chemical herbicides, oil carriers, and surfactants;

(2) The department shall provide consultative, instructional, and supervisory services and shall coordinate the project;

(3) The landowner or land occupier shall permit authorized personnel of the department to enter the infestation area;

(4) The landowner or land occupier shall provide, for the purpose of herbicidal application, appropriate equipment and adequate personnel at a specified time after being given reasonable notice by the department; and

(5) If the landowner or land occupier fails to provide the necessary personnel and equipment pursuant to the agreement after being given adequate notice in writing, the department shall provide necessary personnel by contracting other persons or firms and the landowner or land occupier shall be billed for these services by the department.

History

[Eff. 7/13/81; am and comp] (Auth: HRS § 152-2) (Imp: HRS § 152-6)

Haw. Code R. § 4-68-14 Form B cooperative agreement

This agreement shall include, but not be limited to, the following provisions:

(1) The department shall provide appropriate equipment, and adequate personel for the purpose of herbicidal applications;

(2) The department shall provide consultative services and shall coordinate the project;

(3) The landowner or land occuper shall permit authorized personnel of the department to enter the infestation area;

(4) The landowner of land occupier shall provide necessary chemical herbicides, oil carriers, and surfactants at a specified date after being given reasonable notice by the department; and

(5) If the landowner or land occupier fails to provide the neccessary chemical herbicides, oil carriers, and surfactants pursuant to the agreement after being given adequate notice in writing, the department shall bill the landowner or land occupier for the cost of the chemical herbicides, oil carriers and surfactants used for the project by the department.

History

[Eff. 7/13/81; am and comp] (Auth: HRS § 152-2) (Imp: HRS § 152-6)

Haw. Code R. § 4-68-15 Form C coperative agreement

This agreement shall include, but not be limited to, the following provisions:

(1) The department and the landowner or land occupier shall jointly provide on a cost-sharing or pro-rata basis, necessary chemical herbicides, oil carriers, surfactants, equipment, and personel for the project;

(2) The department shall provide consultative services and shall coordinate the project;

(3) The landowner or land occupier shall permit authorized personel of the department to enter the infestation area; and

(4) If the landowner or land occupier fails to provide a share of any of the items mutually agreed upon pursuant to the agreement after being given adequate notice in writing, the department shall bill the landowner or land occupier for the actual cost of the items.

History

[Eff. 7/13/81; comp] (Auth: HRS § 152-2) (Imp: HRS § 152-6)

Haw. Code R. § 4-68-16 Form D cooperative agreement

This agreement shall include, but not be limited to, the following provisions:

(1) The department shall provide necessary chemical herbicides, oil carriers, surfactants, equipment and personnel for the project;

(2) The department shall provide consultative services and shall coordinate the project; and

(3) The landowner or land occupier shall permit authorized personnel of the department to enter the infestation area.

History

[Eff. 7/13/81; comp] (Auth: HRS § 152-2) (Imp: HRS § 152-6)

Haw. Code R. § 4-68-17 Procedures for initiating a cooperative agreement

(a) For a cooperative noxious weed control or eradication project, the department shall initiate either a form A, form B, or form C cooperative agreement provided, however, that the department may initiate a form D cooperative agreement with a landowner or land occupier who shall not benefit materialy or financially by the noxious weed control or eradication project.

(b) A form D cooperative agreement may also be initiated when authorized and funded by specific legislation.

(c) The agreement shall take effect after both parties mutually agree to abide by the provisions of the agreement and after indicating their mutual agrement by the signature of the chairman and the landowner or land occupier authorized by the landowner.

History

[Eff. 7/13/81; comp] (Auth: HRS § 152-2) (Imp: HRS §§ 152-2, 152-6)

Haw. Code R. § 4-68-18 Eradication project

A noxious weed eradication project shall be limited to incipient noxious weed infestations located on an island or portion of an island designated by the department as relatively free of that species. A project shall be initiated by cooperative agreement.

History

[Eff. 7/13/81; comp] (Auth: HRS § 152-2) (Imp: HRS §§ 152-2, 152-6)

Haw. Code R. § 4-68-19 Control project

(a) Noxious weed control projects may be initiated upon widespread established noxious weed infestations and shall be limited to infestations on land used for or zones for agriculture, horticulture, aquaculture, livestock production, forestry, recreational areas, or conservation districts and to the periphery of the land.

(b) Control projects shall be initiated by cooperative agreement only after the department receives written assurance that the landowner or land occupier shall maintain, for a period of not less than five years, the level of noxious weed control attained at the termination of the project.

(c) The control project shall be terminated upon determination by the head that the noxious weed infestation has been brought under control, or may be terminated with good cause upon mutual agreement by both parties.

History

[Eff. 7/13/81; comp] (Auth: HRS § 152-2) (Imp: HRS §§ 152-2, 152-6)

Chapter 69A PESTS FOR CONTROL OR ERADICATION

Haw. Code R. § 4-69A-1 Scope of rules

These rules shall govern the criteria and procedures for designation of pests for control or eradication programs on public or private property other than dwellings in the State.

History

(Eff. 9/4/93; comp JAN 02 2009) (Auth: HRS § 141-3) (Imp: HRS § 141-3)

Haw. Code R. § 4-69A-2 Definitions

As used in this chapter:

"Agricultural industry" means agricultural, horticultural, aquacultural, or livestock industry.

"Board" means the board of agriculture.

"Head" means the head of the division of plant industry.

"Livestock" means farm animals kept for use or profit and includes but is not limited to horses, mules, cattle, sheep, goats, swine, and poultry.

"Noxious weeds" means those plant species determined to be or likely to become injurious, harmful, or deleterious to the agricultural industry, forest and recreational areas, and conservation districts of the State and which are designated and listed as noxious weeds in chapter 4-68, Hawaii Administrative Rules.

"Other pests" means any invertebrate or vertebrate pest harmful to the agricultural industry or vegetation of value, as designated by the board.

"Vegetation of value" means vegetation such as desirable trees, plants, and shrubs.

History

(Eff. 9/4/93; comp JAN 02 2009) (Auth: HRS § 141-3) (Imp: HRS § 141-3)

Haw. Code R. § 4-69A-3 Criteria to designate pests for control or eradication

(a) Each insect, mite, other pest or plant disease designated by the department as a pest for control or eradication programs shall meet one or more of the following criteria:

(1) There is a record of economic damage in the scientific literature documenting the designated pest's potential for injury to the agricultural industries or vegetation of value in the State.

(2) The designated pest is causing or is about to cause economic loss by damage to a crop or agricultural commodity, by adversely affecting marketability, causing a loss in yield, or the like.

(3) The designated pest transmits plant diseases which cause economic loss to a crop or agricultural commodity by adversely affecting marketability, causing a loss in yield, or the like.

(4) The designated pest is injurious or deleterious to livestock by virtue of being venomous, parasitic, or a carrier or reservoir of diseases.

(b) All noxious weeds designated pursuant to chapter 4-68, Hawaii Administrative Rules, are pests for control or eradication within the meaning of this chapter.

History

(Eff. 9/4/93; am and comp JAN 02 2009) (Auth: HRS § 141-3) (Imp: HRS § 141-3)

Haw. Code R. § 4-69A-4 Procedure for the designation of pests for control or eradication

(a) The head shall direct a continuous program of study and evaluation of insects, mites, other pests, or plant diseases for potential designation as pests.

(b) Study and evaluation of an insect, mite, other pest or plant disease for designation as a pest may be initiated by the head or, upon request, by other government agencies or private organizations.

(c) When sufficient data have been accumulated on an insect, mite, other pest, or plant disease to warrant designation, the head may submit to the board a request for designation as a pest for control or eradication.

(d) The insect, mite, other pest, or plant disease shall meet the criteria for designation as a pest, as provided in section 4-69A-3.

(e) An insect, mite, other pest, or plant disease shall be designated as a pest for control or eradication by the department following approval of the designation by the board, pursuant to chapter 91, Hawaii Revised Statutes.

(f) The list of insects, mites, other pests, or plant diseases designated as pests, adopted by the board on December 16, 2008, and located at the end of this chapter, is made a part of this section.

(g) When the head determines that an insect, mite, other pest, or plant disease officially designated as a pest no longer meets the criteria for designation as a pest, the head may submit to the board a request to rescind the official designation for the pest. The request shall include a report with reasons to justify rescission of the designation.

(h) For rescission as submitted as outlined in subsection (g) above, the official designation of an insect, mite, other pest, or plant disease as a pest shall be rescinded following approval by the board, pursuant to chapter 91, Hawaii Revised Statutes.

History

(Eff. 9/4/93; am and comp JAN 02 2009) (Auth: HRS § 141-3) (Imp: HRS § 141-3)

Haw. Code R. § 4-69A-5 Control or eradication of noxious weeds; entry of private property

To the extent there may be any conflict between this chapter and chapter 4-68, Hawaii Administrative Rules, control and eradication programs for noxious weeds shall be governed by section 152-6, Hawaii Revised Statutes, and chapter 4-68. However, if after following the procedures provided therein, entry to private property other than dwelling places for control or eradication of noxious weed infestations is refused, any member of the department or any agent authorized by the department may gain entry in the same manner as provided in section 141-3.6, Hawaii Revised Statutes, for maintenance of any pest control or eradication program."

History

(Eff. 9/14/93; am and comp JAN 02 2009) (Auth: HRS § 141-3) (Imp: HRS § 141-3, § 141-3.6, § 152-6)

Chapter 70 PLANT AND NON-DOMESTIC ANIMAL QUARANTINE PLANT IMPORT RULES

Subchapter 1 GENERAL PROVISIONS

Haw. Code R. § 4-70-1 Objective

The objective of this chapter is to implement the requirements of chapter 150A, Hawaii Revised Statutes, by restricting or prohibiting the importation of specific plants to minimize the risk of introduction and establishment of insects, diseases, and other pests that would be highly destructive to Hawaii's agricultural industries and forest resources.

History

[Eff. JUL 13 1981] (Auth: HRS §§ 141-2, 150A-9) (Imp: HRS § 150A-5)

Haw. Code R. § 4-70-2 Definitions

As used in this chapter:

"Branch" means the plant quarantine branch;

"Certificate of origin" means an official certificate signed by a plant quarantine official or an agricultural official of the state or foreign country indicating the origin of the respective plant;

"Certificate of treatment" means an official certificate signed by a plant quarantine official or an agricultural official of the state or country of origin; or a commercial certificate issued by a government certified treatment facility, signed by a person authorized or certified to conduct disinfestation treatment in an approved manner with the certificate describing the applicable treatment methods, procedures and dosages;

"Chief" means chief of the plant quarantine branch; and

"Phytosanitary certificate" means an official certificate signed by a plant quarantine official of the state or foreign country of origin indicating pest free conditions of the plants and disinfestation treatments the plants were subjected to.

History

[Eff. JUL 13 1981] (Auth: HRS §§ 141-2, 150A-9) (Imp: HRS § 150A-5)

Haw. Code R. § 4-70-3 Introduction of plants requiring quarantine

(a) Plants requiring quarantine with appropriate permits issued pursuant to applicable sections of this chapter shall be delivered to the inspector at the port of entry when the plants are being introduced by cargo, passenger baggage, or hand carried package.

(b) Packages of subject plants being introduced by United States Postal Services, United Parcel Service (UPS), or other commercial service, shall be addressed to the State plant quarantine office of the respective island on which the plants shall be held in quarantine.

History

[Eff. JUL 13 1981] (Auth: HRS §§ 141-2, 150A-9) (Imp: HRS § 150A-5)

Haw. Code R. § 4-70-4 Approved quarantine facility

(a) An approved facility for the quarantine of plants is one which a certificate of approval has been obtained from the chief attesting proper and adequate construction to prevent the escape of an insect, a disease, or other pest.

(b) An approved certification shall remain valid as long as the facility is maintained in good serviceable condition. Certification may be revoked if the house falls into disrepair and is no longer serviceable.

History

[Eff. JUL 13 1981] (Auth: HRS §§ 141-2, 150A-9) (Imp: HRS § 150A-5)

Haw. Code R. § 4-70-5 Operation of a quarantine facility

(a) The operation of all quarantine facilities shall be under the direct supervision of the chief and shall be locked at all times except for entry by the owner or other duly authorized persons.

(b) During the period of quarantine, the plants shall be inspected as often as necessary by the branch for the detection of any insect, disease, or other pest.

(c) The department may order the chemical treatment or complete destruction of the plant material if at any time during the period of quarantine, a destructive insect, disease, or other pest has manifested itself.

(d) All expenses in connection with the introduction and quarantine of plants shall be borne by the owner of the plants.

History

[Eff. JUL 13 1981] (Auth: HRS §§ 141-2, 150A-9) (Imp: HRS § 150A-5)

Haw. Code R. § 4-70-6 Duration of quarantine

Unless otherwise specified for specific plants in subsequent subchapters, the duration of quarantine shall be one year provided that the board may exempt or shorten the period of quarantine under certain conditions of importation or propagation procedure.

History

(Eff. JUL 13 1981) (Auth: HRS §§ 141-2, 150A-9) (Imp: HRS § 150A-5)

Haw. Code R. § 4-70-7 Disinfestation treatments

(a) Disinfestation treatments shall consist of treating or exposing the subject material to fumigation, heat (dry or steam), freezing, pesticides, or other chemicals under procedures approved by the chief.

(b) Currently approved treatment procedures shall be printed and made available to interested persons at branch offices.

(c) Fumigation, when required for commercial importations introduced in violation of §§ 4-70-19, 4-70-20, 4-70-23, 4-70-36, 4-70-42, and 4-70-50, shall be conducted separately from scheduled export fumigation.

(d) Fumigation for commercial importations shall be conducted on an un-scheduled basis and subject to availability of facility and personnel.

(e) Fumigation, when required for commodities introduced by private individuals in small lots such as by air baggage, may be conducted concurrently with scheduled export fumigation subject to availability of the facility.

History

[Eff. JUL 13 1981] (Auth: HRS §§ 141-2, 150A-9) (Imp: HRS § 150A-5)

Haw. Code R. § 4-70-8 Import service fees

(a) A fee for scheduled fumigation shall be for each lot two dollars for vault use fee plus an additional charge of twenty cents for each cubic foot with no proration of fees.

(b) A fee for unscheduled fumigation shall be twenty cents per cubic foot for sixty percent volume capacity of the vault or tank in use, with no proration of fees.

(c) For unscheduled fumigation requiring the services of personnel beyond official hours, an additional fee shall be assessed which shall include applicable charges for overtime wages, fixed charges for personnel services, and meals.

(d) A fee for the use of a quarantine house operated by the branch shall be five dollars per room per month.

(e) A storage fee of twenty-five cents per cubic foot per day may be charged for commodities stored at any branch office, forty-eight hours after written notification.

History

[Eff. 7/31/81; Comp 5/15/2020] (Auth: HRS §§ 141-2, 150A-9) (Imp: HRS § 150A-5)

Subchapter 2 INTRODUCTION OF SUGARCANE AND GRASSES

Haw. Code R. § 4-70-9 Notice of quarantine

The board has determined that there exists serious danger to the sugarcane industry and the agriculture of Hawaii from the introduction of sugarcane moth borers (Diatraea saccharalis fab. and Castnia licoides Boisd.), smut (Ustilago scitaminea Syd.), viruses (mosaic), and other insects and diseases of sugarcane and members of the grass family (gramineae), that are not now established in Hawaii.

History

[Eff. JUL 13 1981] (Auth: HRS §§ 141-2, 150A-9) (Imp: HRS § 150A-5)

Haw. Code R. § 4-70-10 Prohibited introductions

(a) The introduction of any sugarcane plant (any species of the genus saccharum) or part thereof into Hawaii in any manner is prohibited except by approved permit issued in accordance with § 4-70-11.

(b) The introduction of plants of all other genus in the grass family and plant parts thereof is prohibited except:

(1) Corn, sorghum, sudan grass, and broom corn which are regulated in subchapter 11;

(2) Dried non-living plant materials;

(3) Seeds; and

(4) By approved permit issued in accordance with § 4-70-11.

History

[Eff. JUL 13 1981] (Auth: HRS §§ 141-2, 150A-9) (Imp: HRS § 150A-5)

Haw. Code R. § 4-70-11 Permit

Upon written request, a permit may be issued by the chief authorizing the introduction of a limited quantity of a special variety or varieties of sugarcane or other grass plants for propagation under the plant quarantine branch's supervision in a strictly enforced quarantine pursuant to §§ 4-70-3, 4-70-4, 4-70-5, and 4-70-6.

History

[Eff. JUL 13 1981] (Auth: HRS §§ 141-2, 150A-9) (Imp: HRS § 150A-5)

Subchapter 3 INTRODUCTION OF PINEAPPLE AND OTHER BROMELIADS

Haw. Code R. § 4-70-12 Notice of quarantine

The board has determined that there exists serious danger to the pineapple industry of Hawaii from the introduction of thrips (Frankliniella moultoni Hood), pineapple borers (Metamasius spp. and Strymon basilides (Geyer)), mealybugs (Dysmicoccus spp.), and other insects, and diseases of pineapple and bromeliaceous plants, that are not now establishes! in Hawaii.

History

[Eff. 7/13/81; am 11/13/01; Comp 5/15/2020] (Auth: HRS §§ 141-2, 150A-9) (Imp: HRS § 150A-6.1)

Haw. Code R. § 4-70-13 Prohibited introductions

(a) The introduction into Hawaii of any pineapple plant (any species in the genus Ananas), seed, or other plant part thereof, is prohibited except by approved permit in accordance with section 4-70-14.

(b) The introduction of plant and plant parts of all other genera than Ananas in the family Bromeliaceae is prohibited except:

(1) Seeds;

(2) Tissue cultured plants in a completely enclosed sterile container;

(3) Dried non-living materials; and

(4) By approved permit in accordance with section 4-70-14.

History

[Eff. 7/13/81; am 11/13/01; Comp 5/15/2020] (Auth: HRS §§ 141-2, 150A-9) (Imp: HRS § 150A-6.1)

Haw. Code R. § 4-70-14 Permits

(a) Upon written request, a permit may be issued by the chief authorizing the introduction of pineapple plants or other plants in the family Bromeliaceae for propagation under the branch's supervision in a strictly enforced quarantine pursuant to sections 4-70-3, 4-70-4, 4-70-5, and 4-70-15, unless otherwise provided in section 4-70-15.

(b) Upon written request, a permit may be issued by the chief authorizing the introduction of plant and plant parts of pineapple for processing, manufacturing, or other non-propagative purposes when the conditions for the importation satisfy the chief that the introduction can be made with a reasonable degree of safety relative to the risk of insect, pest, or disease introduction.

(c) Upon written request, a permit may be issued by the chief authorizing the introduction of plants and plant parts in the Bromeliaceae family other than the genus Ananas for processing, manufacturing, or other non-propagative purposes provided the importation is accompanied by a certificate of treatment indicating an approved treatment procedure.

History

[Eff. 7/13/81; am 11/13/01; Comp 5/15/2020] (Auth: HRS §§ 141-2, 150A-9) (Imp: HRS § 150A-6.1)

Haw. Code R. § 4-70-15 Duration of quarantine

(a) The quarantine period for pineapple plants and plant species in the genus Ananas imported pursuant to section 4-70-14 shall be one year provided that the board may exempt from quarantine or shorten the quarantine period for plants imported for manufacturing, processing, or propagative purposes under certain conditions of importation or propagation procedure that the board determines are appropriate to prevent the introduction of insects, pests, and diseases.

(b) The quarantine period for plants in all other genera than Ananas in the family Bromeliaceae imported pursuant to section 4-70-14 shall be' as follows:

(1) One year for plants from Mexico, South and Central America, and nearby island countries;

(2) One year for any shipment of plant or plants without an official certificate of origin;

(3) Quarantine requirements may be waived by the chief for any bromeliad plant other than the genus Ananas that is entering under permit and that has been inspected and found free of any signs of pest infestation or symptoms of disease provided that the shipment meets one of the following conditions:

(A) The plants are accompanied by an official certificate of origin certifying that the plants were grown in the continental United States or;

(B) The plants are accompanied by an official certificate of origin certifying that the plants were grown in a foreign country other than Mexico, South and Central America or nearby island countries.

History

[Eff. 7/13/81; am 11/13/01; Comp 5/15/2020] (Auth: HRS §§ 141-2, 150A-9) (Imp: HRS § 150A-6.1)

Subchapter 4 INTRODUCTION OF COFFEE

Haw. Code R. § 4-70-16 Notice of quarantine

The board has determined that there exists serious danger to the coffee industry of Hawaii from the introduction of the coffee berry borer (Stephanoderes hampei Ferr.), coffee rust, (Hemileia vastatrix B. & Br.), and other insects, pests, and diseases of coffee, that are not now established in Hawaii.

History

[Eff. 7/13/81; Comp 5/15/2020] (Auth: HRS §§ 141-2, 150A-9) (lmp: HRS § 150A-5)

Haw. Code R. § 4-70-17 Prohibited introductions

The introduction of any coffee plant (any species of the genus Coffea), plant part, unroasted seeds, and used coffee bags into Hawaii is prohibited except by permit issued in accordance with §§ 4-70-18, 4-70-19, and 4-70-20.

History

[Eff. JUL 13 1981] (Auth: HRS §§ 141-2, 150A-9) (Imp: HRS § 150A-5)

Haw. Code R. § 4-70-18 Permit for plant and seed for propogation

Upon written request, a permit may be issued by the chief authorizing the introduction of a limited quantity of plants, plant parts, or seeds of a variety or varieties of coffee for propagation under the following conditions:

(1) The plants and seed shall be under the plant quarantine branch's supervision in a strictly enforced quarantine pursuant to §§ 4-70-3, 4-70-4, 4-70-5, and 4-70-6; and

(2) The bags or containers of the imported items shall be destroyed by burning or subjected to treatment approved by the chief.

History

[Eff, JUL 13 1981] (Auth: HRS §§ 141-2, 150A-9) (Imp: HRS § 150A-5)

Haw. Code R. § 4-70-19 Permit for seeds for roasting

Upon written request a permit may be issued by the chief, authorizing the introduction of unroasted coffee seeds (beans) for roasting purposes on condition that:

(1) The seed is, prior to shipment, subjected to approved treatment as stipulated on the permit;

(2) Each shipment be accompanied by a phytosanitary certificate or a certificate of treatment indicating the treatment procedure; and

(3) All bags or containers be disposed of by burning or subjected to treatment approved by the chief.

History

[Eff. JUL 13 1981] (Auth: HRS §§ 141-2, 150A-9) (Imp: HRS § 150A-5)

Haw. Code R. § 4-70-20 Permit for used coffee bags

(a) Upon written request, a permit may be issued by the chief, authorizing the introduction of used coffee bags after being subjected to approved treatment as stipulated on the permit.

(b) Each shipment shall be accompanied by a phytosanitary certificate or a certificate of treatment indicating the treatment procedure.

History

[Eff. JUL 13 1981] (Auth: HRS §§ 141-2, 150A-9) (Imp: HRS § 150A-5)

Subchapter 5 INTRODUCTION OF CERTAIN CRUCIFEROUS VEGETABLES

Haw. Code R. § 4-70-21 Notice of quarantine

The board has determined that there exists serious danger to agriculture in Hawaii from the introduction of the cabbage maggot (Chortophila brassicae (Bouche)) in the edible roots of certain cruciferous vegetables.

History

[Eff. JUN 13 1981] (Auth: HRS §§ 141-2, 150A-9) (Imp: HRS § 150A-5)

Haw. Code R. § 4-70-22 Prohibited introductions

The introduction into Hawaii of the edible roots of turnip (Brassica rapa Linn.), rutabaga (Brassica napobrassica (Linn) DC), radish including daikon (Raphanus sativus Linn.), and horseradish (Radicula armoracia (Linn.) Robbins.) is prohibited, except:

(1) From the country of Japan and other foreign countries determined by the chief to be free of cabbage maggot; and

(2) Under conditions specified in § 4-70-23.

History

[Eff. JUL 13 1981] (Auth: HRS §§ 141-2, 150A-9) (Imp: HRS § 150A-5)

Haw. Code R. § 4-70-23 Permitted introductions with conditions

Edible roots of the enumerated cruciferous vegetables from the United States, its territories, and foreign countries not determined to be free of cabbage maggot, may be introduced into Hawaii, provided each shipment is accompanied by a phytosanitary certificate or certificate of treatment certifying that the vegetables contained in the shipment were subjected to treatment approved by the chief.

History

[Eff. JUL 13 1981] (Auth: HRS §§ 141-2, 150A-9) (Imp: HRS § 150A-5)

Subchapter 6 INTRODUCTION OF ORCHIDS

Haw. Code R. § 4-70-24 Notice of quarantine

The board has determined that there exists serious danger to the orchid industry of Hawaii from the introduction of the south american stem borer (Diorymerellus laevimargo Champion), the south american orchid bug (Tenthecoris bicolor Scott), a midge (Parallelodiplosis cattleyae Molliard)), and other insects, and diseases of orchids, that are not now established in Hawaii.

History

[Eff. JUL 13 1981] (Auth: HRS §§ 141-2, 150A-9) (Imp. HRS § 150A-5)

Haw. Code R. § 4-70-25 Prohibited introductions

The introduction of plant or propagative plant parts of the family orchidaceae is prohibited except:

(1) By permit issued in accordance with § 4-70-26 and under conditions specified in §§ 4-70-27, 4-70-28;

(2) Plants grown in sterile flasks or small seedlings transferred out of sterile flasks just prior to shipping; and

(3) Seeds.

History

[Eff. JUL 13 1981] (Auth: HRS §§ 141-2, 150A-9) (Imp: HRS § 150A-5)

Haw. Code R. § 4-70-26 Permits

(a) A low pest-risk permit may be issued by the chief authorizing the introduction of orchid plants from:

(1) Domestic origin grown entirely in the United States;

(2) Foreign origin that have been grown in the United States for more than one year; and

(3) Foreign countries north of 30° north latitude.

(b) A high pest-risk permit may be issued by the chief authorizing the introduction of orchid plants from:

(1) Foreign countries and United States territories and possessions that are south of 30° north latitude; and

(2) Areas south of 30° north latitude that have been grown in the continental United States or grown in an area north of 30° north latitude for less than one year.

History

[Eff. JUL 13 1981] (Auth: HRS §§ 141-2, 150A-9) (Imp: HRS § 150A-5)

Haw. Code R. § 4-70-27 Quarantine waiver

Quarantine requirements shall be waived for any lot of plants entering under a low pest-risk permit and accompanied by a certificate of origin certifying that all the orchid plants in the lot:

(1) Are known to be of domestic origin and grown entirely in the continental United States;

(2) Were grown in foreign countries that are north of 30° north latitude; and

(3) Are of foreign origin but were grown in the continental United States for more than one year.

History

[Eff. JUL 13 1981] (Auth: HRS §§ 141-2, 150A-9) (Imp: HRS § 150A-5)

Haw. Code R. § 4-70-28 Duration of quarantine

(a) Any lot of plants entering under high pest-risk permit shall be placed under the plant quarantine branch's supervision in a strictly enforced quarantine pursuant to §§ 4-70-3, 4-70-4, and 4-70-5, and held therein for a period of two months, or longer, if in the judgment of the chief, extension of the quarantine period is necessary or desirable.

(b) In any case, when more than one lot is entered into a room in the quarantine house, the period of quarantine for all plants in the room shall be that of the last lot entered therein.

(c) All plants kept in the quarantine house shall be properly labelled and kept in such a manner that they can be readily examined.

History

[Eff. JUL 13 1981] (Auth: HRS §§ 141-2, 150A-9) (Imp: HRS § 150A-5)

Subchapter 7 INTRODUCTION OF BANANA PLANTS

Haw. Code R. § 4-70-29 Notice of quarantine

The board has determined that there exists serious danger to the banana industry of Hawaii from the introduction of the banana root borer (Cosmopolites sordidus (Germar)), the West Indian cane weevil (Metamasius hemipterus L.) and other insects and diseases of banana, that are not now established in Hawaii.

History

[Eff. JUL 15 1981] (Auth: HRS §§ 141-2, 150A-9) (Imp: HRS § 150A-5)

Haw. Code R. § 4-70-30 Prohibited introductions

The introduction of any banana plant (any species of the genus Musa) or plant parts thereof is prohibited except:

(1) Fruits; and

(2) By approved permit pursuant to § 4-70-31.

History

[Eff. JUL 13 1981] (Auth: HRS §§ 141-2, 150A-9) (Imp: HRS § 150A-5)

Haw. Code R. § 4-70-31 Permits

Upon written request, a permit may be issued by the chief authorizing the introduction of a limited quantity of a special variety or varieties of banana for propagation under the branch's supervision in a strictly enforced quarantine pursuant to §§ 4-70-3, 4-70-4, 4-70-5, and 4-70-6.

History

[Eff. JUL 13 1981] (Auth: HRS §§ 141-2, 150A-9) (Imp: HRS § 150A-5)

Subchapter 8 INTRODUCTION OF PASSION FRUIT PLANTS

Haw. Code R. § 4-70-32 Notice of quarantine

The board has determined that there exists serious danger to the passion fruit industry of Hawaii from the introduction of the passion vine hopper, Scolypopa australis Walker, the "woodiness disease" of passion fruit, and other insects and diseases that are not now established in Hawaii.

History

[Eff. JUL 13 1981] (Auth: HRS §§ 141-2, 150A-9) (Imp: HRS § 150A-5)

Haw. Code R. § 4-70-33 Prohibited introductions

The introduction of any passion fruit plant (any species of the genus Passiflora), seed, or plant part thereof into Hawaii in any manner is prohibited except by permit issued in accordance with § 4-70-34.

History

[Eff. JUL 13 1981] (Auth: HRS §§ 141-2, 150A-9) (Imp: HRS § 150A-5)

Haw. Code R. § 4-70-34 Permits

Upon written request, a permit may be issued by the chief authorizing the introduction of a limited quantity of the passiflora plant and seed for propagation under the branch's supervision in a strictly enforced quarantine pursuant to §§ 4-70-3, 4-70-4, 4-70-5, and 4-70-6.

History

[Eff. JUL 13 1981] (Auth: HRS §§ 141-2, 150A-9) (Imp: HRS § 150A-5)

Subchapter 9 INTRODUCTION OF PINUS SPP

Haw. Code R. § 4-70-35 Notice of quarantine

The board has determined that there exists serious danger to all Pinus spp. and the forests of Hawaii from the introduction of european pine shoot moth (Rhyacionia buoliana) (Schiff).

History

[Eff. JUL 13 1981] (Auth; HRS §§ 141-2, 150A-9) (Imp: HRS § 150A-5)

Haw. Code R. § 4-70-36 Prohibited introductions

The introduction of any pine plant (any species in the genus Pinus) and pine branches and twigs bearing terminal buds, needles, or shoots are prohibited except:

(1) Plants from foreign areas where pine shoot moth is not known to occur provided each lot of plant is accompanied by a certificate of origin;

(2) Plants from domestic areas not designated as infested areas in § 4-70-37 provided each lot of plant is accompanied by a certificate of origin;

(3) Plants from domestic areas designated as infested areas in § 4-70-37 provided each lot of plant is subjected to approved treatment and is accompanied by a certificate of treatment;

(4) Cut pine trees, branches, or twigs for ornamental purposes from domestic areas during the period October 20 to December 31;

(5) Non-commercial shipments of bonsai or pine plants not exceeding two feet in height introduced in lots not exceeding twelve plants provided that the plants are subjected to one hundred percent inspection and found free of european pine shoot moth; and

(6) By permit limited to issuance to official state or federal forestry agencies authorizing the entry of seedling trees for reforestation or scientific research from domestic areas designated as infested areas provided the trees have been greenhouse grown under official supervision or otherwise produced and subsequently handled under conditions satisfactory to the chief to preclude infestation or exposure to infestation by the european pine shoot moth.

History

[Eff. JUL 13 1981] (Auth: HRS §§ 141-2, 150A-9) (Imp: HRS § 150A-5)

Haw. Code R. § 4-70-37 Domestic infested areas

States designated as european pine shoot moth infested areas are Connecticut, Delaware, Illinois, Indiana, Iowa, Maine, Maryland, Massachusetts, Michigan, Missouri, New Hampshire, New Jersey, New York, Ohio, Oregon, Pennsylvania, Rhode Island, Washington, West Virginia, and Wisconsin.

History

[Eff. JUL 13 1981] (Auth: HRS §§ 141-2, 150A-90) (Imp: HRS § 150A-5)

Subchapter 10 INTRODUCTION OF COCONUT

Haw. Code R. § 4-70-38 Notice of quarantine

The board has determined that there exists serious danger to the agriculture and horticulture of Hawaii from the introduction of various dangerous insects, virus diseases, fungus, bacteria, and other infectious agents of coconut (Cocos nucifera).

History

[Eff. JUL 15 1981] (Auth: HRS §§ 141-2, 150A-9) (Imp: HRS § 150A-5)

Haw. Code R. § 4-70-39 Prohibited introductions

The introduction of any coconut plant, nut, leaf, and all other plant part thereof, is prohibited except:

(1) A completely husked nut, incapable of germinating when introduced for manufacturing, food, or other non-propagative purposes provided a permit has been obtained from the department;

(2) The flesh of the nut including fresh and processed products, coconut "milk", and nut shell;

(3) The palm "heart" free from leaf tissue; and

(4) A dried plant part such as leaf, husk, and tree trunk, and products made from these parts provided the products are subjected to treatment approved by the chief.

History

[Eff. JUL 18 1981] (Auth: HRS §§ 141-2, 150A-9) (Imp: HRS § 150A-5)

Subchapter 11 INTRODUCTION OF HOSTS OF EUROPEAN CORN BORER

Haw. Code R. § 4-70-40 Notice of quarantine

The board has determined that there exists serious danger to the agricultural and horticultural industries of Hawaii from the introduction of european corn borer (Ostrina nubilulis Hubner), and insects which infest corn, sorghum, broomcorn, sudan grass and other important food and-floral crops.

History

[Eff. JUL 13 1981] (Auth: HRS §§ 141-2, 150A-9) (Imp: HRS § 150A-5)

Haw. Code R. § 4-70-41 Infested areas

(a) All european countries and domestic states of Alabama, Arkansas, Colorado, Connecticut, Delaware, Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Hampshire, New Jersey, New York, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Vermont, Virginia, West Virginia, Wisconsin, Wyoming, and the District of Columbia are designated as infested areas for the european corn borer.

(b) Areas designated as non-infested areas for the european corn borer are non-european countries and the domestic states of Alaska, Arizona, California, Florida, Idaho, New Mexico, Nevada, Oregon, Utah, and Washington.

History

[Eff. JUL 13 1981] (Auth: HRS §§ 141-2, 150A-9) (Imp: HRS § 150A-5)

Haw. Code R. § 4-70-42 Prohibited introductions

The importation of plant and plant parts of corn, broomcorn, sorghum, sudan grass, aster, chrysanthemum, hollyhock, dahlia, and gladiolus are prohibited except:

(1) Seed with no other plant fragments;

(2) Frozen corn on the cob with husk and silk removed;

(3) Seedling plant or propagative cuttings of aster, chrysanthemum, and hollyhock;

(4) Cut flowers of aster, chrysanthemum, hollyhock, dahlia, and gladiolus;

(5) Tubers of dahlia and gladiolus corms without stems;

(6) Shipments from infested areas when subjected to approved treatment prior to shipment and accompanied by a certificate of treatment;

(7) Commercial shipments from non-infested areas that are accompanied by a certificate of origin; and

(8) Non-commercial shipments from other than infested areas brought in by hand carried or passenger baggage and accompanied by a certificate of origin, sales invoice, or other document indicating that the product was grown in, or purchased from, a non-infested area.

History

[Eff. JUL 13 1981] (Auth: HRS §§ 141-2, 150A-9) (Imp: HRS § 150A-5)

Subchapter 12 INTRODUCTION OF PALMS

Haw. Code R. § 4-70-43 Notice of quarantine

The board has determined that there exists serious danger to the agricultural and horticultural industries of Hawaii from the introduction of the lethal yellowing disease, cadang-cadang, guam disease, and other similar diseases of palm.

History

[Eff. JUL 13 1981] (Auth: HRS §§ 141-2, 150A-9) (Imp: HRS § 150A-5)

Haw. Code R. § 4-70-44 Infested areas

(a) Areas known to be infested with or in proximity of areas infested with the lethal yellowing disease, cadang-cadang, guam disease, and similar diseases are designated as infested areas.

(b) Domestic infested areas are the states of Florida and Texas, the Commonwealth of Puerto Rico, and the Territory of Guam.

(c) Foreign infested areas are Cuba, Jamaica, Haiti, Dominican Republic, all other Caribbean Islands, Panama, Venezuela, Philippines, and west african countries of Ghana, Togo, Dahomey, and Nigeria.

History

[Eff. JUL 13 1981] (Auth: HRS §§ 141-2, 150A-9) (Imp: HRS § 150A-5)

Haw. Code R. § 4-70-45 Prohibited introductions

(a) The prohibitions in this section shall not apply to plant and plant parts of coconut (Cocos nucifera) which are regulated by subchapter 10.

(b) The introduction of palm plants, seeds, and propagative plant parts thereof from all domestic and foreign infested areas in § 4-70-44 are prohibited.

(c) The introduction of palm plants and propagative plant parts except seeds are prohibited from domestic areas other than infested areas.

(d) The introduction of palm plants and propagative plant parts except seeds from central and south american countries other than those designated as infested areas in § 4-70-44 are prohibited.

(e) The introduction of the following palm plant and propagative plant parts except seeds are prohibited from all other foreign countries;

Adonidia spp.

Diplothemium arenaria (Gomez) Carv.

Areca spp.

Arenga spp. (sugar palm)

Arikuryroba spp. (arikury palm)

Borassus spp. (palmyra palm)

Caryota spp. (fishtail palm)

Chrysalidocarpus spp. (butterfly palm, cabada palm) Cocos spp.

Corypha spp. (buri palm)

Dictyosperma spp. (princess palm)

Elaeis spp. (oil palm)

Gaussia spp. (puerto rican gaussia, Hume palm)

Howeia belmoreana (Moore and Muell.) Becc. (sentry palm)

Lantania spp. (latan palm)

Livistonia spp. (fan palm)

Mascarena spp. (spindle palm)

Phoenix spp. (date palm)

Pritchardia spp. (kona palm, fiji island fan palm)

Trachycarpus spp. (windmill palm)

Veitchia spp. (christmas palm)

Nannorrhops spp. (mazari papn).

History

[Eff. JUL 13 1981] (Auth: HRS §§ 141-2, 150A-9) (Imp: HRS § 150A-5)

Haw. Code R. § 4-70-46 Permitted introductions

The introduction of a palm plant, propagative plant part, and seed, not specifically prohibited in § 4-70-45 may be imported provided the importation is accompanied by a certificate of origin indicating that the palm plant was grown or the seed or propagative plant part was obtained from a plant that was grown entirely in the respective foreign country or domestic state of origin.

History

[Eff. JUL 13 1981] (Auth: HRS §§ 141-2, 150A-9) (Imp: HRS § 150A-5)

Subchapter 13 INTRODUCTION OF HOSTS OF CARIBBEAN FRUIT FLY

Haw. Code R. § 4-70-47 Notice of quarantine

The board has determined that there exists serious danger to the agricultural and horticultural industries of Hawaii from the introduction of the Caribbean fruit fly, (Anastrepha suspensa), an insect which infests fruit crops.

History

[Eff. JUL 13 1981] (Auth: HRS §§ 141-2, 150A-9) (Imp: HRS § 150A-5)

Haw. Code R. § 4-70-48 Infested areas

The commonwealth of Puerto Rico and areas in the state of Florida south of and including the counties of Sumter, Lake, Hernando and Volusia are declared infested areas.

History

[Eff. JUL 13 1981] (Auth: HRS §§ 141-2, 150A-9) (Imp: HRS § 150A-5)

Haw. Code R. § 4-70-49 Hosts of the Caribbean fruit fly

The fruit or berries of the following plants are known hosts of the Caribbean fruit fly:

Malpighia glabra L. (barbados cherry)

Severinia buxifolia (Poir.) Tenore (box orange)

Psidium cattleianum Sabine (cattley guava)

Citrus mitis Blanco (calamondin)

Psidium guajava L. (common guava)

Fortunella mergarita Swingle (Kumquat, oval)

Psidium freidrichsthalianum (Berg) (costa rican guava)

Citrus paradisi Macf. (grapefruit)

Fortunella crassifolia Swingle (kumquat)

Citrus aurantiifolia (Christmann) Swingle (sour lime)

Triphasia trifolia D.C. (lime berry)

Citrus aurantiifoliax Fortunella japonica (limequat)

Eriobotrya japonica (Thunb.) Lindl. (loquat)

Mangifera India L. (mango)

Murraya paniculata Jack (orange jasmine)

Citrus nobilis 'unshiu' x Fortunell sp. (orangequat)

Carica papaya L. (papaya)

Prunus persica (L.) Batsch (peach)

Citrus limonia Osbeck (Rangpur lime)

Syzygium jambos (L.) Alst. (rose apple)

Citrus aurantium L. (sour orange)

Citrus limetta Risso (sweet lemon)

Citrus sinensis Osbeck (sweet orange)

Citrus paradisi x Citrus reticulata (tangelo)

Citrus reticulata Blanco (tangerine)

Citrus sinensis x Citrus reticulata (temple orange)

Terminalia catappa L. (tropical almond)

Clausena lansium (Lour.) Skee's (wampi).

History

[Eff. JUL 13 1981] (Auth: HRS §§ 141-2, 150A-9) (Imp: HRS § 150A-5)

Haw. Code R. § 4-70-50 Prohibited introduction

(a) Fruits or berries of host plants listed in § 4-70-49 except green sour lime which shows no yellow coloring and sour lemon regardless of color from infested areas are prohibited except those subjected to approved treatments accompanied by a certificate of treatment.

(b) Fruits or berries of host plants listed in § 4-70-49 from non-infested areas in Florida are prohibited except those that are accompanied by a certificate of origin.

History

[Eff. JUL 13 1981] (Auth: HRS §§ 141-2, 150A-9) (Imp: HRS § 150A-5)

Subchapter 14 INTRODUCTION OF TARO AND DASHEEN

Haw. Code R. § 4-70-51 Notice of quarantine

The board has determined that there exists serious danger to the taro industry of Hawaii from the introduction of the virus disease of alomae and babone.

History

[Eff. JUL 13 1981] (Auth: HRS §§ 141-2, 150A-9) (Imp: HRS § 150A-5)

Haw. Code R. § 4-70-52 Infested areas

The virus disease of alomae and babone is only known to occur in the British Solomon Islands.

History

[Eff. JUL 13 1981] (Auth: HRS §§ 141-2, 150A-9) (Imp: HRS § 150A-5)

Haw. Code R. § 4-70-53 Prohibited introduction

All taro and dasheen plant and plant parts capable of propagation are prohibited from infested areas except by permit issued in accordance with § 4-70-54 and imported pursuant to §§ 4-70-3, 4-70-4, 4-70-5, and 4-70-6.

History

[Eff. JUL 13 1981] (Auth: HRS §§ 141-2, 150A-9) (Imp: HRS § 150A-5)

Haw. Code R. § 4-70-54 Permit

Upon written request, a permit may be issued for the importation of a limited quantity of taro or dasheen plants for research purposes under strictly enforced quaratine procedures.

History

[Eff. JUL 13 1981] (Auth: HRS §§ 141-2, 150A-9) (Imp: HRS § 150A-5)

Subchapter 15 INTRODUCTION OF MYRTACEAE

Haw. Code R. § 4-70-55 Notice of quarantine

The board has determined that there exists serious danger to all ohia (Metrosideros spp.), the ohia forests of Hawaii, and horticultural and agricultural industries from the introduction of new strains of the ohia rust, Puccinia psidii, and other disease pathogens and insects not now established in Hawaii.

History

[Eff and Comp 5/15/2020] (Auth: HRS §§ 141-2, 150A-9) (Imp: HRS § 150A-5)

Haw. Code R. § 4-70-56 Prohibited introduction

The introduction of any Myrtaceae (Myrtle family) plant, plant part, or seed into Hawaii is prohibited except:

(1) Dried non-living plant materials;

(2) Seeds, with no other plant fragments, that have been surface-sterilized using treatments approved by the chief;

(3) Tissue cultured plants grown in sterile media and in a completely enclosed sterile glass flask or other similar container; or

(4) By approved permit pursuant to section 4-70-57.

History

[Comp 5/15/2020] (Auth: HRS §§ 141-2, 150A-9) (Imp: HRS § 150A-5)

Haw. Code R. § 4-70-57 Permits

Upon written request, a permit may be issued by the chief authorizing the importation of a limited quantity of plants in the family Myrtaceae for propagation under the branch's supervision in a strictly enforced quarantine appropriate to contain Puccinia psidii, and other pests pursuant to sections 4-70-3, 4-70-4, 4-70-5, and 4-70-6.

History

[Eff and Comp 5/15/2020] (Auth: HRS §§ 141-2, 150A-9) (Imp: HRS § 150A-5)

Chapter 71 PLANT AND NON-DOMESTIC ANIMAL QUARANTINE NON-DOMESTIC ANIMAL IMPORT RULES

Subchapter 1 GENERAL PROVISIONS

Haw. Code R. § 4-71-1 Objective

The objective of this chapter is to implement the requirements of chapter 150A, Hawaii Revised Statutes, by restricting or prohibiting the importation of specific non-domestic animals that are detrimental to the agricultural, horticultural, and aquacultural industries, natural resources and environment of Hawaii, and on the basis of associated risks to animal or public health and safety.

History

[Eff. 7/13/81; am and comp 9/19/91; comp 2/21/92; am and comp 9/13/93; comp 1/30/95; am and comp 8/16/99; am and comp 11/30/01; comp] (Auth: HRS §§ 141-2, 150A-9) (Imp: HRS §§ 150A-6, 150A-7)

Haw. Code R. § 4-71-2 Definitions

As used in the chapter: "Advisory subcommittee" means one of the advisory subcommittees on entomology, invertebrate and aquatic biota, land vertebrates, algae, bacteria, fungi, protozoa, viruses, or plants appointed by the chairperson pursuant to section 150A-10, HRS;

"Board" means the board of agriculture of the department of agriculture;

"Branch" means the plant quarantine branch;

"Chairperson" means the chairperson of the board of agriculture;

"Chief" means the chief or manager of the plant quarantine branch;

"Dangerous wild animal" means a non-domestic animal that has been determined by board to be capable of causing significant risk to animal or public health and safety in the absence of adequate containment measures and safeguards. The board has determined the following animals to be dangerous wild animals: lion (Panthera leo), tiger (Panthera tigris), cheetah (Acinonyx jubatus), jaguar (Panthera onca), cougar (Felis concolor), leopard (Panthera pardus), clouded leopard (Panthera nebulosa), caracal (Felis caracal(=Lynx caracal)), ocelot (Felis pardalis), margay (Felis wiedii), serval (Felis serval), bear (Ursidae -all species in family), wolf (Canis lupus) and (Canis rufus), hyena (Crocuta crocuta), aardwolf (Proteles cristatus), elephant (Elephantidae - all species in family), rhinoceros (Rhinocerotidae - all species in family), hippopotamus (Hippopotamidae - all species in family), non-human primate (Primates - all species in Order), crocodile (Crocodylus - all species in genus), alligator (Alligator mississippiensis), caiman (Caiman crocodilus), and gharial or gavial (Gavialis gangeticus).

"Department" means the department of agriculture;

"Non-domestic animal" means any animal, including mammals, birds, reptiles, amphibians, fishes, and invertebrates, other than domestic dog (Canis familiaris), domestic cat (Felis catus), domestic horse (Equus caballus), domestic ass, burro, or donkey (Equus asinus), domestic cattle (Bos taurus and Bos indicus) including the beefalo (3/8 bison and 5/8 domestic cattle), domestic sheep (Ovis aries), domestic goat (Capra hircus), domestic swine (Sus scrofa domestica), domestic pot-bellied pig (Sus salvanis), domestic alpaca (Lama pacos), domestic llama (Lama glama), domesticated races of European rabbit (Oryctolagus cuniculus), domesticated races of chicken (Gallus gallus),domesticated races of turkeys (Meleagris gallopavo), domesticated races of pigeons (Columba domestica and Columba livia),domesticated races of muscovy ducks (Cairina moschata), domesticated races of greylag geese (Anser anser) and swan geese (Anser cygnoides),and domestic hybrids (crosses between two domestic animals). As used in this chapter, the term or word, "animal," shall mean "non-domestic animal";

"Permittee" means any person or agency that has applied for and been granted a permit for the introduction or possession of an animal under this chapter;

"Primate sanctuary" means a facility that provides permanent care, rehabilitation, and protection for donated, abandoned, or displaced primates, does not trade or sell primates for financial gain, and that maintains a 501(c) (3) not-for-profit federal tax-exempt status and any permits or licenses required by federal, state, or municipal laws; and

"Private use" means use for non-commercial purposes, such as non-profit research, and does not include individual possession of an animal as a pet.

History

[Eff. 7/13/81; am and comp 9/19/91; am and comp 2/21/92; am and comp 9/13/93; comp 1/30/95; am and comp 8/16/99; am and comp 11/30/01; am and comp] (Auth: HRS §§ 141-2, 150A-9) (Imp: HRS §§ 150A-6, 150A-6.2, 150A-7)

Haw. Code R. § 4-71-3 Permits

(a) All importation of animals shall be by permit. A permit application shall be submitted to the chief with an appropriate bond, if required in this chapter, and the following information:

(1) Name and address of shipper and importer, including mailing and street address;

(2) Approximate number and kind (common and scientific name) of animal;

(3) Sex, if determinable;

(4) Object of importation;

(5) Mode of transportation; and

(6) Approximate date of arrival.

(b) The chief, without submitting the permit application to the board, may approve or disapprove the issuance of a permit based on a past board decision relating to the same species of animal and the respective conditions for importation previously-established by the board for that animal species, provided that, if approved, the current import request is, in all essential respects, the same as the previously approved request and that the importer is able to comply with the previously established conditions.

(c) A permit application for an animal which was previously disapproved may be resubmitted for board action pursuant to section 4-71-4 upon determination by the chief that conditions for importation are significantly different from the previously disapproved request.

(d) A permit application for an animal allowed for import under these rules but not previously permitted entry by the board shall be submitted for board action pursuant to section 4-71-4.

(e) The chairperson, without submitting the permit application to the advisory committee on plants and animals and the board, may approve a short term permit for animals on the conditionally approved or restricted lists, or a short-term special permit for unlisted animals, not to exceed ninety days, for performance or exhibition in a circus, carnival, commercial filming for television or movies, or other performance, or exhibition provided that:

(1) The animals shall be adequately safeguarded under the control of professional trainers or handlers;

(2) The animals are not dangerous wild animals or animals on the list of prohibited animals, except that dangerous wild animals may be imported for performance in-commercial filming for television or movies provided that the animal's performance is part of the scene within a production being filmed and subject to permit conditions adequate to address any associated risks and to assure the applicability of the exemption;

(3) Appropriate permit conditions are established by the board; and

(4) An appropriate bond, if applicable, is secured with the department as required by sections 4-71-7 and 4-71-8.

(f) The permittee shall comply with all permit conditions established by the board. Violation of permit conditions may result in citation as provided in section 150A-12, HRS, or in cancellation of the permit, or both. Any violation of law or rule that calls into question the permittee's fitness to hold a permit, especially the likelihood of the permittee maintaining proper security and safeguarding for animals under the permittee's other permits, may result in cancellation of the permittee's other permits as well.

History

[Eff. 7/13/81; comp 9/19/91; am and comp 2/21/92; am and 9/13/93; comp 1/30/95; am and comp 8/16/99; am and comp 11/30/01; am and comp] (Auth: HRS §§ 141-2, 150A-9) (Imp: HRS §§ 150A-6.2, 150A-6.4, 150A-7)

Haw. Code R. § 4-71-3.1 User permit fees

(a) A fee for the processing application and issuance of a permit is required as follows:

(1) Five dollars per permit for a single shipment within one year from date of issuance;

(2) Fifty dollars per permit for unlimited shipments within one year from date of issuance; and

(3) Fees shall be paid in full at the time of request and are non-refundable except for an appropriate bond as required in this chapter.

(b) In addition to the requirements of subsection (a) herein, a fee for a site inspection as required in this chapter and by permit conditions shall be twenty-five dollars per inspection plus mileage reimbursement.

(c) For inspections requiring the services of personnel beyond official working hours, an additional fee shall be assessed which shall include applicable charges for overtime wages, fixed charges for personnel services, and meals if required.

(d) Fees may be waived by the chief for research by not-for-profit organizations, universities, or government agencies, or for exhibition in government zoos or government-affiliated aquariums.

History

[Eff and comp 8/16/99; am and comp 11/30/01; am and comp] (Auth: HRS §§ 141-2, 150A-9) (Imp: HRS § 150A-7.5)

Haw. Code R. § 4-71-4 Submission of permit application to the board

(a) The applicant shall provide the chief with the following additional information:

(1) A statement of reasons for importation;

(2) The person responsible for the animal;

(3) A description of safeguarded facilities;

(4) The method of disposition;

(5) An abstract of the animal; and

(6) Any other pertinent documented information as required by the branch on the proposed introduction.

(b) The applicant shall provide an adequate number of copies of the application and attachments as requested by the chief.

(c) The chief shall compile the information submitted by the applicant and send it to the members of the appropriate advisory subcommittee (s) for review.

(d) The comments and recommendations of the advisory subcommittee(s) shall be compiled and sent to the advisory committee on plants and animals for review,

(e) The comments and recommendations of the advisory subcommittee(s), the advisory committee on plants and animals, including the committee's votes, and of the chief shall be compiled and submitted to the board at its regular scheduled meeting.

(f) The board shall take action to approve or disapprove the permit application. The board may impose permit conditions including but not limited to, health requirements, safeguarding the animal from escape, unauthorized release, or theft, as well as any applicable requirements of municipal, state, or federal law.

History

[Eff. 7/13/81; comp 9/19/91; comp 2/21/92; am and comp 9/13/93; comp 1/30/95; am and comp 8/16/99; am and comp 11/30/01; comp] (Auth: HRS §§ 141-2, 150A-9) (Imp: HRS §§ 150A-6.2, 150A-6.4, 150A-7)

Haw. Code R. § 4-71-4.1 Maximum time period for permit approvals, disapprovals, extensions, or automatic approvals

(a) Pursuant to the requirements of chapter 91, HRS, the department shall establish the following maximum time periods for the processing of permit requests after acceptance of a completed permit application and payment of applicable fees pursuant to sections 4-71-3 and 4-71-3.1:

(1) For same species of animals with respective conditions for importation previously established by the board, the chief may approve or disapprove the issuance of a permit within 90 days;

(2) For certain animals in a circus, carnival, or commercial filming for television or movies, or other performance or exhibition, and with an appropriate bond secured with the department for each animal, the chairperson, without submitting the permit application to the board, may approve or disapprove a short-term permit or short-term special permit within 120 days;

(3) For a permitted animal enumerated in section 4-71-6.5 that requires board action pursuant to section 4-71-4 to amend or establish permit conditions, the chief may approve or disapprove the issuance of a permit within 180 days; and

(4) For an animal not previously permitted entry, excluding those animals enumerated in section 4-71-6, an application request must be submitted for board action pursuant to section 4-71-4 and subject to public input and notification for listing under section 4-71-4.2 or as provided by section 150A- 6.2, HRS, the chief may approve or disapprove the issuance of a permit within one year.

(b) Notwithstanding the requirements of subsection (a) herein, the maximum period of time shall be extended indefinitely in the event of a national disaster, state emergency, or union strike, which prevents the department from fulfilling application or review requirements in a timely manner.

(c) Except as provided for in subsection (b), an application request for the issuance of a permit shall be given automatic approval if action is not taken by the department within the established maximum period of time as specified in subsection (a). After the expiration of the maximum time period is brought to the attention of the department; the department shall have a reasonable amount of time to issue the permit. This section shall apply only to application requests for business or development-related permits required by law to be obtained prior to the formation, operation, or expansion of a commercial or industrial enterprise.

History

[Eff and comp 8/16/99; am and comp 11/30/01; am and comp] (Auth: HRS §§ 91-13.5, 141-2, 150A-9) (Imp: HRS §§ 91-13.5, 150A-6.2)

Haw. Code R. § 4-71-4.2 Public input and notification for listing

(a) By order, the board may adopt additions to or deletions from the lists of animals without regard to the notice and public hearing requirements of chapter 91, HRS, provided that thirty days or more prior to the effective date of the order, the department shall issue a press release and mail notices to the Office of Environmental Quality Control for publication and to all persons who have made a timely written request of the department for advance notice of the order or the department's rulemaking proceedings. The press release and the notice shall include:

(1) A statement summarizing the substance of the proposed order which may include examples of the kinds of animals being added to or deleted from the lists required under section 150A- 6,2, HRS;

(2) A statement that a copy of the proposed order and the proposed exact changes will .be mailed to any interested person who requests a copy upon payment in advance of costs for photocopying, preparing, and mailing the copy;

(3) A statement as to where to obtain a copy of the proposed order and the proposed exact changes for inspection, or for pick-up after payment in full of costs for photocopying and preparing; and

(4) A statement that the department is soliciting comments regarding the proposed order during the next thirty days, where comments may be forwarded to, and where the proposed order will be discussed.

(b) The department shall consider all oral and written comments and may incorporate the same in its review of the proposed order by the advisory committee on plants and animals in a noticed, public meeting.

(c) Upon approval by the board at a noticed, public meeting, the order to adopt additions to or deletions from the lists of animals shall take effect ten days after the department gives public notice of the order in a daily or weekly publication of statewide circulation or in separate daily or weekly publications whose combined circulation is statewide.

History

[Eff and comp 8/16/99; am and comp 11/30/01; comp] (Auth: HRS §§ 141-2, 150A-9) (Imp: HRS § 150A-6.6)

Haw. Code R. § 4-71-4.3 Violations

Any person who violates any provision or requirement of this chapter or of any notice given pursuant thereto, shall be subject to the penalties provided for under section 150A-14, HRS.

History

[Eff and comp 8/16/99; comp 11/30/01; comp] (Auth: HRS §§ 141-2, 150A-9) (Imp: HRS §§ 150A-6.4, 150A-14)

Subchapter 2 NON-DOMESTIC ANIMAL INTRODUCTIONS

Haw. Code R. § 4-71-5 Notice of quarantine

The board finds that there exists serious danger to the agricultural, horticultural, and aquacultural industries, natural resources, and environment of Hawaii, risk to animal or public health and safety, by the uncontrolled introduction of feral and other non-domestic animals.

History

[Eff. 7/13/81; comp 9/19/91; comp 2/21/92; comp 9/13/93; comp 1/30/95; am and comp 8/16/99; comp 11/30/01; comp] (Auth: HRS §§ 141-2, 150A-9) (Imp: HRS §§ 150A-6, 150A-6.2, 150A-7)

Haw. Code R. § 4-71-6 Prohibited introductions

(a) The introduction into Hawaii of live animals or live non-domestic animals as defined in this chapter at any stage of development is prohibited except for those animals on the lists incorporated in § 4-71-6.5, by-permit, and except as provided by section 150A- 6.2, HRS.

(b) The list of animals designated as prohibited entry pursuant to section 15 0A- 6.2, HRS, dated November 28, 2006, and located at the end of this chapter is made a part of this section. No person shall introduce into Hawaii any animal from the list of prohibited animals.

History

[Eff. 7/13/81; am and comp 9/19/91; am and comp 2/21/92; am and comp 9|13/93; am and comp 1/30/95; am and comp 8/16/99; am and comp 11/30/01; am and comp] (Auth: HRS §§ 141-2, 150A-9) (Imp: HRS §§ 150A-6.2, 150A-7)

Haw. Code R. § 4-71-6.1 Ad hoc panel for identification of Ad hoc panel for identification of prohibited hybrid animal

(a) The chairperson shall establish an ad hoc panel of no fewer than three members with applicable expertise in vertebrate biology to determine if an animal is a prohibited hybrid animal when the branch suspects that the lineage of the animal is not as stated by the owner or on other official documents.

(b) The ad hoc panel shall review all pertinent information including, but not limited to, expert consultations, health and pedigree certificates, owner's statements, branch findings, or viewings of the animal, to determine lineage of a suspect prohibited hybrid animal.

(c) After its review and determination the ad hoc panel shall report its findings to the branch, and appropriate action shall be taken by the branch on the disposition of the suspect hybrid prohibited animal.

(d) In any contested case arising out of the identification of a suspected hybrid animal, the method of identification selected by the ad hoc panel shall not be overturned absent evidence of actual bias on the part of one or more of the ad hoc panel members or unless the method of identification lacks a scientific basis.

History

[Eff and comp 8/16/99; comp 11/30/01; comp] (Auth: HRS §§ 141-2, 150A-9) (Imp: HRS §§ 150A-6, 150A-6.2)

Haw. Code R. § 4-71-6.5 Permitted introductions

(a) The introduction into Hawaii of live animals or live non-domestic animals as defined in this chapter is only allowed:

(1) For those animals on the list designated as conditionally approved and dated November 28, 2006, or on the list designated as restricted entry, dated September 25, 2018, pursuant to section 150A- 6.2, HRS, both of which lists are located at the end of this chapter and made a part of this section;

(2) By permit approved by the board, chairperson, or chief, as appropriate, pursuant to sections 4-71-3 and 4-71-4; and

(3) After securing appropriate bond for certain animals pursuant to sections 4-71-7, 4-71-8, and 4-71-9.

(b) Pursuant to the requirements of subsection (a) herein, the introduction of animals on the lists of conditionally approved or restricted animals, including dangerous wild animals, is allowed as follows:

(1) Animals on the list of conditionally approved animals, for individual possession, businesses, government agencies, or institutions;

(2) Animals on Part A of the list of restricted animals, for research, medical or scientific purposes as determined by the board, by universities, government agencies, or other institutions approved by the board, for exhibition in government zoos or government-affiliated aquariums, or for other purposes as specified in this chapter; and (3) Animals on Part B of the list of restricted animals, for the purposes described in subsection (b)(2) herein or for government use, or private and commercial use, including research, zoological parks, or aquaculture production, except that animals in the order Primates shall not be allowed for import or possession for private or commercial use other than for purposes described in subsection (b)(2) or for primate sanctuaries, as determined by the board.

(c) The introduction of unlisted animals for the purpose of remediating medical emergencies or agricultural or ecological disasters, or conducting scientific research that is not detrimental to agriculture, the environment, or humans is allowed for import and possession by a special permit on a case-by-case basis, if the importer can meet permit requirements or other guidelines as determined by the board pursuant to section 150A- 6.2, HRS.

(d) The introduction of unlisted animals for the purpose of filming, performance, or exhibition is allowed by short-term special permit on a case-by-case basis not to exceed 90 days for importation and possession if the importer can meet permit and bonding requirements as determined by the board pursuant to section 150A- 6.2, HRS.

(e) The permittee shall obtain site approval prior to the issuance of a permit for animals on the list of restricted animals and for unlisted animals as determined by the board.

(f) Restricted list animals and unlisted animals require a permit for both import and possession. Where a permit for a restricted list animal or an unlisted animal allows transfer or sale, the proposed transferee shall first obtain a permit for possession of the imported animal by application to the chief, site inspection approval, and shall satisfy any bond or other requirements applicable.

(g) The board may establish permit conditions including but not limited to, time, place, location, use, special precautions, health requirements, and safeguarding the animal from escape, unauthorized release, or theft, as well as any applicable requirements of municipal, state, or federal laws. The permittee shall comply with the requirements of this chapter, chapter 150A, HRS, and specific permit conditions established by the board.

History

[Eff. and comp 2/21/92; am and comp 9/13/93; am and comp 1/30/95; am and comp 8/16/99; am and comp 11/20/01; am and comp] (Auth: §§ 141-2, 150A-9) (Imp: HRS § 150A-6.2)

Haw. Code R. § 4-71-7 Bond for certain animals

The applicant shall secure an appropriate bond, as specified in this chapter, for the following:

(1) Monkeys, apes, baboons, chimpanzees, gibbons, lemurs, pottos, wallabies, and any other animal that the board or chairperson may require to be bonded as a condition for importation or possession;

(2) Any offspring of bonded animals; and

(3) Certain animals in a circus, carnival, commercial filming for television or movie productions, or other performance or exhibition under short-term or short-term special permit that have been permitted entry by the chairperson without advisory committee review and board action pursuant to section 4-71-3(e), or certain unlisted animals that have been permitted entry by the board under special permit pursuant to section 150A- 6.2, HRS.

History

[Eff. 7/13/81; am and comp 9/19/91; comp 2/21/92; am and comp 9/13/93; comp 1/30/95; am and comp 8/16/99; am and comp 11/30/01; am and comp] (Auth: HRS §§ 141-2, 150A-9) (Imp: HRS §§ 150A-6.2, 150A-7)

Haw. Code R. § 4-71-8 Bonding procedure

(a) When required in this chapter, the bonding of animals shall be by-cashier's check, or cash secured with the department.

(b) An appropriate individual bond shall be secured with the department for the sum of three thousand dollars for each animal except as provided for in subsection (c).

(c) An appropriate individual bond shall be secured with the. department for the sum of two thousand dollars for each animal for owners holding ' valid United States Department of Agriculture licenses under the Animal Welfare Act.

(d) A cashier's check or cash secured with the department as a bond, shall be returned to the owner without interest, upon verification of the death or exportation of the animal, or the transfer or sale of the animal to a new owner who has secured the necessary bond and permit in advance of the transfer.

(e) Government organizations, such as municipal zoos, and animal sanctuaries determined by the United States Internal Revenue Service to be not-for-profit entities are exempt from the bonding requirements of this section.

History

[Eff. 7/13/81; am and comp 9/19/91; comp 2/21/92; am and comp 9/13/93; comp 1/30/95; am and comp 8/16/99; am and comp 11/30/01; am and comp] (Auth: HRS §§ 141-2, 150A-9) (Imp: HRS §§ 150A-6.2, 150A-7)

Haw. Code R. § 4-71-9 Conditions for bonding

An owner, dealer, or organization shall import and maintain bonded animals under the following conditions:

(1) The owner, dealer, or organization shall submit information to the chief with respect to the number, sex, if determinable, and species of animal;

(2) The animal shall be kept in captivity and as required by permit conditions at all times;

(3) The chief shall be notified immediately upon the escape of any bonded animal;

(4) The chief shall be notified immediately upon the death of the bonded animal and the carcass shall be presented immediately to the state veterinarian or his designate for examination and verification;

(5) Out-of-state movement of a bonded animal shall be verified by an inspector in advance of the movement and after prior arrangements for verification have been made with the chief;

(6) An animal may be sold or given away in Hawaii only to persons who have secured an appropriate bond with and acquired a permit from the department prior to the sale or transfer;

(7) A bond or cashier's check in the appropriate amount required under section 4-71-8 shall be kept in full force and effect;

(8) The owner, dealer, or organization shall report to the chief the birth of and secure an appropriate bond and permit for any offspring within thirty calendar days of the birth;

(9) The owner, dealer, or organization shall report to the chief any change of mailing address and related contact information within seven business days of the change; and

(10) The owner, dealer, or organization possessing a valid United States Department of Agriculture license under the Animal Welfare Act shall report to the chief any suspension, revocation, or expiration of the required federal license within seven business days of the license status change.

History

[Eff. 7/13/81; am and comp 9/19/91; comp 2/21/92; comp 9/13/93; comp 1/30/95; am and comp 8/16/99; am and comp] (Auth: HRS §§ 141-2, 150A-9) (Imp: HRS §§ 150A-6.2, 150A-7)

Haw. Code R. § 4-71-10 Failure to comply with bond conditions

(a) The department may seize the bonded animal, and foreclose on the bond or retain such sums secured by cash or cashier's check upon failure of the owner to comply with the bonding conditions in section 4-71-9.

(b) Should the bonded animal escape, the owner shall take necessary action to recapture the animal. If the owner fails to recapture the animal within one week after escape or when the animal becomes a nuisance or poses a serious threat to the community, the department may employ its resources to recapture the animal after due notice to the owner. The owner shall be held responsible for the cost incurred by the department.

(c) Any bonded animal that is captured after escape or seized pursuant to section 4-71-10 may be sold at a private sale, shipped out state, donated to a government agency, or destroyed no sooner than fifteen days after cancellation of the bond.

History

[Eff 7/13/81; am and comp 9/19/91; comp 2/21/92; am and comp 9/13/93; comp 1/30/95; am and comp 8/16/99; am and comp] (Auth: HRS §§ 141-2, 150A-9) (Imp: HRS §§ 150A-6.2, 150A-7)

Chapter 71A PLANT AND NON-DOMESTIC ANIMAL QUARANTINE MICROORGANISM IMPORT RULES

Subchapter 1 GENERAL PROVISIONS

Haw. Code R. § 4-71A-1 Objective

The board, while mindful of the benefit to the State of allowing import of microorganisms for purposes such as scientific and medical research, biotechnology and commerce, recognizes the concomitant necessity for regulating importation of microorganisms in order to protect important State interests. The objective of this chapter is to implement the requirements of chapter 150A, HRS, with respect to microorganisms by regulating the importation of specific microorganisms that are detrimental or potentially harmful to agriculture, horticulture, animal or public health, or natural resources, including native biota, or have an adverse effect on the environment as determined by the board of agriculture.

History

[Eff. 11/30/01] (Auth: HRS §§ 150A-9, 150A-6.3) (Imp: HRS § 150A-6.3)

Haw. Code R. § 4-71A-2 Definitions

As used in the chapter:

"Advisory subcommittee" means one of the advisory subcommittees on entomology, invertebrate and aquatic biota, land vertebrates, plants, algae, bacteria, fungi, protozoa, or viruses appointed by the chairperson pursuant to section 150A-10, HRS;

"Applicant" means a person who has submitted an application for import or possession of a microorganism or both through permit or other official document authorizing import under this chapter and has paid the applicable fee;

"Board" means the board of agriculture of the department of agriculture;

"Branch" means the plant quarantine branch;

"Chief" means the chief or manager of the plant quarantine branch or a department employee designated by the chief or chairperson;

"Completed permit application" means a permit application submitted by an applicant on the form provided by the department and which contains the required information adequate, in the chief's judgment, for review by the department, and if appropriate, by the advisory subcommittee(s), advisory committee, and board of agriculture;

"Department" means the department of agriculture;

"High risk microorganism" means a microorganism the import of which has been determined to be highly likely to cause significant harm to agriculture, horticulture, the environment, or animal or public health, in the absence of appropriate restrictions or safeguards;

"Importer" means a person who receives for transport or brings or causes to be brought to the State in any manner, any microorganism for the purpose of debarkation or entry;

"Label" means the written, printed, or graphic matter on or attached to the outside of the container of microorganisms with the required markings to cause inspection of the microorganism contained in the shipment;

"Letter of authorization" means an official document in lieu of an import permit or microbial product registration issued by the branch authorizing a specific unlisted microorganism species determined to be a low risk microorganism to enter the State;

"Low risk microorganism" means a microorganism species that is most likely already present in Hawaii, the import of which is not likely to cause additional harm to agriculture, horticulture, the environment, or animal or public health in the absence of restrictions or safeguards, or for which department-imposed restrictions other than the notification, labeling, and inspection requirements of this chapter are not likely to reduce any risks that may be associated with import of the microorganism;

"Microbial product" means a manufactured product containing known cultures of microorganisms for the purpose of bioremediation or bioaugmentation, including a product such as a microbial pesticide;

"Microorganism" means any unicellular microscopic organism including but not limited to algae, bacteria, fungi, protozoa, and viruses;

"Moderate risk microorganism" means a microorganism the import of which has been determined to potentially cause harm to agriculture, horticulture, the environment, or animal or public health, in the absence of appropriate restrictions or safeguards;

"Nonrestricted microorganisms" means any microorganism on the list of nonrestricted microorganisms required to be maintained pursuant to section 150A-6.3 HRS;

"Permit" means a written document issued by the branch to allow the introduction and possession of a microorganism subject to permit conditions established by rule or the board;

"Permittee" means any person that has applied for and been granted a permit for the introduction and possession of a microorganism under this chapter;

"Person" means any individual, agency, firm, corporation, association, institution, or partnership or any organized group of persons whether incorporated or not;

"Recombinant DNA" means molecules that are constructed outside living cells by joining natural or synthetic deoxyribonucleic acid (DNA) segments to DNA molecules that can replicate in a living cell, or molecules that result from the replication of those described herein;

"Restricted microorganism" means any microorganism on the list of restricted microorganisms required to be maintained pursuant to section 150A-6.3 HRS;

"Registration" means the process required for import of microbial products containing certain strains of nonrestricted microorganisms;

"Select human pathogens" means species of microorganisms that present high risk to public health and which have oversight by the Centers for Disease Control and Prevention under 42 United States Code of Federal Regulations, section 72.6;

"Site inspection" means department inspection of the facility, equipment, records pertaining to the microorganisms imported under permit, as well as procedures to contain the microorganism;

"Unlisted microorganism" means any microorganism not on the lists of nonrestricted or restricted microorganisms or on the list of select human pathogen microorganisms required to be maintained pursuant to section 150A-6.3, HRS.

History

[Eff. 11/30/01] (Auth: HRS §§ 150A-9, 150A-6.3) (Imp: HRS § 150A-6.3)

Haw. Code R. § 4-71A-3 Importation of microorganisms, generally

(a) The introduction into Hawaii of any microorganism shall require, at a minimum, a request for import, approval for the import in advance of shipment, and compliance with the notification, labeling, and inspection requirements of sections 4-71A-4, 4-71A-8, and 4-71A-9. Failure to comply with these requirements is sufficient cause for refusal to allow entry of the microorganism into the State.

(b) In addition to the requirements of subsection (a), import into Hawaii and possession of a microorganism is allowed only as provided below for each respective category and requires:

(1) A written request for import pursuant to section 4-71A-4 and as provided in section 4-71A-24, for a microorganism species on the list of nonrestricted microorganisms;

(2) A permit, for a microorganism species on the list of restricted microorganisms, Part A or Part B, as provided in sections 4-71A-4, 4-71A-7 and, as applicable, sections 4-71A-21 and 4-71A-22;

(3) A special permit or letter of authorization, according to risk level, for an unlisted microorganism species, as provided in section 4-71A-4 and 4-71A-25;

(4) An emergency permit, for an unlisted microorganism species or a microorganism species on the list of restricted microorganisms in an emergency or disaster situation, as provided in section 4-71A-12; and

(5) Notification to the department of health of entry for possible department of health inspection and monitoring, for a microorganism species on the list of select human pathogens, as provided in section 4-71A-23.

History

[Eff. 11/30/01] (Auth: HRS §§ 150A-9, 150A-6.3) (Imp: HRS § 150A-6.3)

Haw. Code R. § 4-71A-4 Request for importation

(a) Except as otherwise provided for microbial products, a request to import a microorganism species, regardless of whether listed for import or unlisted, shall be submitted to the chief with the following information:

(1) Importer's reason for importing the specific microorganism into the State;

(2) A request that the department inspect the microorganism upon arrival in the State;

(3) An agreement to be responsible for all costs, charges, or expenses incident to the inspection or treatment of the imported microorganisms;

(4) A waiver of all claims for damages incident to the inspection or the fumigation, disinfection, quarantine, or destruction of the microorganism, if any treatment is deemed necessary;

(5) Name, complete address, telephone, and facsimile numbers of the shipper and importer;

(6) Quantity, common and scientific names (genus and species names unless not yet classified) of each microorganism;

(7) Description of each species of microorganism including whether or not the microorganism is a recombinant DNA strain;

(8) Mode of transportation; and

(9) Approximate date of arrival.

(b) A request to import into Hawaii and possess a microorganism species on the restricted list, Part B, for the purposes described in section 4-71A-22(c)(1), (2) and (3), shall include, in addition to the information required in subsection (a), the following:

(1) Description of the proposed use of the microorganism, including whether or not inoculation studies will be done;

(2) Description and location of the facility, and description of the equipment and procedures that will be used to contain the microorganism, including a floor plan or blueprint of the facility or both that addresses:

(A) Design and construction;

(B) Work and storage areas;

(D) Plumbing system such as sinks, drains, effluent treatment and discharge systems;

(E) Air-handling system such as air conditioning, supply and exhaust air system, and types and placement of filters; and

(F) Biosafety procedures.

(3) Explanation of the method for destroying and disposing of the microorganism;

(4) Statement as to whether or not the use of the microorganism is subject to federal, county or state requirements other than the department's;

(5) The material safety data sheet, product label, and product information sheet;

(6) Importer's qualification and previous experience working with the requested microorganism, including documentation to confirm relevant education, employment, and previous experience; and

(7) Any other pertinent documented information required by the chief.

(c) A request to import an unlisted microorganism or a microorganism that requires board action shall include the information required in subsections (a) and (b), as well as the following additional information:

(1) Description of the microorganism including information on its taxonomic classification, natural habitat, geographic range or niche requirements, temperature requirements, host range, and dispersal capabilities; and

(2) Analysis of the microorganism's potential impact on Hawaii's environment, agricultural, horticultural and aquacultural industries, and animal and human health, in the event the microorganism escapes or is released into the environment.

(d) Failure to provide the information requested and to complete the application as required in this section shall be sufficient cause for denial of the request for import.

History

[Eff. 11/30/01] (Auth: HRS §§ 150A-9, 150A-6.3) (Imp: HRS § 150A-6.3)

Haw. Code R. § 4-71A-5 Application review

(a) Upon receipt of a completed application for import of a nonrestricted microorganism species from cultured stock or a select human pathogen microorganism species, the branch shall verify the list placement of the requested microorganism and, if appropriate under section 4-71A-24 and 4-71-23, respectively, shall give permission to import without permit, fee, or board review, subject to satisfaction of pre-entry and inspection requirements.

(b) The chief, without submitting a permit application to the board, may approve or disapprove the issuance of a permit for import of a microorganism other than one listed in section 4-71A-6(1)-(5), based on a past board decision relating to the same species and strain of microorganism if the current application presents substantially the same circumstances of importation, provided that the respective permit conditions previously established by the board shall apply if the permit is approved.

(c) A permit application for import of a microorganism species that was previously disapproved by the board may be resubmitted for board action as provided in section 4-71A-7 upon determination by the chief that conditions for importation are substantially different from the previously disapproved request.

History

[Eff. 11/30/01] (Auth: HRS §§ 150A-9, 150A-6.3) (Imp: HRS § 150A-6.3)

Haw. Code R. § 4-71A-6 Permit requiring board action

Board action, as well as prior review by the advisory subcommittee(s) and the advisory committee on plants and animals pursuant to section 4-71A-7, are required for requests to import the following:

(1) A microorganism species on the list of restricted microorganisms (Part A);

(2) A microorganism species on the list of restricted microorganisms (Part B) or an unlisted microorganism if either are to be imported for purposes other than those described in subsections 4-71A-22(c) (1), (2), or (3);

(3) A strain of a microorganism on the list of restricted microorganisms (Part B) that is likely to increase the risk level above that of a moderate risk microorganism;

(4) An unlisted microorganism species determined by the department to be a high risk microorganism; and

(5) Any microorganism species not from cultured stock.

History

[Eff. 11/30/01] (Auth: HRS §§ 150A-9, 150A-6.3) (Imp: HRS § 150A-6.3)

Haw. Code R. § 4-71A-7 Processing permit applications requiring board action

(a) The applicant shall provide the chief with seven copies of the application together with information required by section 4-71A-4.

(b) The chief shall compile the information submitted by the applicant and send it to the members of the appropriate advisory subcommittee(s) for review.

(c) The comments and recommendations of the advisory subcommittee(s) shall be compiled and sent to the advisory committee on plants and animals for review.

(d) The comments and recommendations of the advisory subcommittee(s), the advisory committee on plants and animals, including the committee's votes, and of the chief shall be compiled and submitted to the board at its regular scheduled meeting.

(e) The board shall take action to approve or disapprove the permit application.

(f) The board may impose permit conditions including but not limited to, time, place, location, use, special precautions, health requirements, and requirements for safeguarding the microorganism from escape, unauthorized release, or theft, as well as any applicable requirements of municipal, state, or federal law.

History

[Eff. 11/30/01] (Auth: HRS §§ 150A-9, 150A-6.3) (Imp: HRS § 150A-6.3)

Haw. Code R. § 4-71A-8 Pre-entry requirements

(a) The importer is responsible for assuring that all parcels or containers of microorganisms for import are marked as follows:

(1) Any microorganism imported into Hawaii by mail or air express as individual parcels shall be plainly and legibly marked on the outer packaging, "Live Organism" and "This Parcel May be Opened and Delayed for Agriculture Inspection. Infectious microorganisms affecting humans and animals shall be packaged and labeled or marked in accordance with the transport requirements of the U.S. Department of Transportation 49 CFR Parts 171 - 180 and the U.S. Department of Health and Human Services 42 CFR part 72 ; or

(2) Any microorganism imported into Hawaii by means other than in subsection (a)(1), shall be accompanied by a bill of lading, waybill or other shipping document that is plainly and legibly marked "Agriculture Inspection Required".

(b) Any microorganism imported into Hawaii by mail or any other means, shall be accompanied by an invoice, packing list or other document indicating the quantity and scientific name of each microorganism or the name of each microbial product contained in the shipment.

History

[Eff. 11/30/01] (Auth: HRS §§ 150A-9, 150A-6.3) (Imp: HRS § 150A-6.3)

Haw. Code R. § 4-71A-9 Inspection upon entry

(a) All microorganisms shall enter the State through the port of Honolulu except that the chief may, in the chief's discretion, allow import of a microorganism through another port in order to avoid unnecessary delay and expense when the shipment has been misrouted there through no fault of the importer, provided that the department's pre-entry inspection can be adequately carried out at the alternate port.

(b) The importer or transportation company, as applicable, shall notify the chief, in writing, immediately upon arrival of the microorganism, of the arrival, giving the following information:

(1) Waybill number;

(2) Container number;

(3) Name and address of the consignor;

(4) Name and address of the consignee or the consignee's agent in the State;

(5) Number of packages;

(6) Description of contents of each package;

(7) Port of entry; and

(8) Other pertinent information determined necessary by the chief.

(d) Upon inspection, the microorganism may be refused entry, seized, held in quarantine, disinfected, treated chemically or manually, or destroyed at the expense of the importer, as appropriate in the department's discretion, for any of the following:

(1) No valid permit;

(2) No invoice or other documentation required to enter the State;

(3) Damaged or leaking parcel; or

(4) Shipment infested with a pest.

(e) The importer is responsible for all costs, charges, expenses, damages, or losses incident to the inspection, treatment, disinfection, quarantine, destruction, of a microorganism, if treatment is deemed necessary.

History

[Eff. 11/30/01] (Auth: HRS §§ 150A-9, 150A-6.3) (Imp: HRS § 150A-6.3)

Haw. Code R. § 4-71A-10 Site Inspection

(a) Site inspection and approval by the department are required before a permit is issued.

(b) The site shall be in compliance with the following:

(1) Use, facility, equipment, procedures, and safeguards proposed and described in the import request, as approved by the board or chief; and

(2) Permit conditions.

History

[Eff. 11/30/01] (Auth: HRS §§ 150A-9, 150A-6.3) (Imp: HRS § 150A-6.3)

Haw. Code R. § 4-71A-11 Permits

(a) A permit for import and possession of a microorganism shall be obtained in advance of importation and shall be:

(1) Valid for the period designated on the face of the permit; and

(2) Nontransferable, unless otherwise specified in the permit.

(b) Where a permit for an import of a microorganism species on the restricted list, (Part B) or an unlisted moderate risk level microorganism allows for transfer or sale of the microorganism, a proposed transferee must first:

(1) Obtain a permit for possession by application to the chief pursuant to sections 4-71A-4 and, if applicable, 4-71A-7;

(2) Obtain site inspection approval; and

(3) Demonstrate ability to comply with established permit conditions, except that the board, without requiring a permit, may allow the transfer or sale of a microorganism described in subsection (b), if the microorganism is sold as food or beverage.

(c) The provisions of this section as well as sections 4-71A-13,-14,-15,-16,-18,-19 and -20 are applicable to special permits for import and possession of unlisted microorganisms.

(d) Permits are subject to conditions as provided in subchapter 3 and, where applicable, as established by the board.

History

[Eff. 11/30/01] (Auth: HRS §§ 150A-9, 150A-6.3) (Imp: HRS § 150A-6.3)

Haw. Code R. § 4-71A-12 Emergency permit

(a) The department may issue an emergency permit on a case-by-case basis to a state or federal agency or state university to allow import and possession of a microorganisms on the list of restricted microorganisms or an unlisted microorganism for the purpose of remediating any emergency or disaster affecting agriculture, horticulture, the environment, or animal or public health; provided that:

(1) The board, without advisory committee review, first obtains advice from qualified persons with relevant expertise;

(2) The board determines that import in less time than is required for issuance of a permit or special permit by the board pursuant to sections 4-71A-21, 4-71-22 and 4-71A-25, as applicable, is necessary to remediate the emergency or disaster; and

(3) The board determines that the importer is able to meet conditions established by the board.

(b) Application for emergency permit shall be made as provided in section 4-71A-4 and shall explain the emergency circumstances warranting expedited board action.

History

[Eff. 11/30/01] (Auth: HRS §§ 150A-9, 150A-6.3) (Imp: HRS § 150A-6.3)

Haw. Code R. § 4-71A-13 Permit amendment

(a) An importer who requests a change to a permit including permit conditions shall submit to the chief the following:

(1) A statement requesting amendment of the permit or permit conditions;

(2) A photocopy of the valid permit with the desired exact changes clearly indicated on the photocopy;

(3) An explanation of the requested change or changes;

(4) Supporting documentation; and

(5) Any other documented information determined by the chief to be necessary.

(b) The chief may approve a minor amendment to a permit but shall refer to the board a change requiring board action, such as a request to:

(1) Add a microorganism not approved for import by the board; or

(2) Amend permit conditions established by the board.

(c) The chief may require an additional site inspection approval for a request to add another site to the permit or to change the responsible person named in the permit.

(d) Amendment of a permit is subject to a user fee pursuant to section 4-71A-19.

History

[Eff. 11/30/01] (Auth: HRS §§ 150A-9, 150A-6.3) (Imp: HRS § 150A-6.3)

Haw. Code R. § 4-71A-14 Permit cancellation

The chief may cancel a permit for any of the following reasons:

(1) Noncompliance with a permit condition;

(2) A change in statute or administrative rule restricting or disallowing import of the microorganism or board action disallowing a previously allowed use of the microorganism;

(3) A citation issued to the permittee for a violation involving import or possession of a microorganism or both; or

(4) Upon written request by the permittee.

History

[Eff. 11/30/01] (Auth: HRS §§ 150A-9, 150A-6.3) (Imp: HRS § 150A-6.3)

Haw. Code R. § 4-71A-15 Permit renewal

(a) A request to renew a permit shall be made within two months prior to the date of permit expiration.

(b) The importer shall submit a request to renew a permit on the renewal form provided by the department and shall include the following information:

(1) A statement requesting renewal of the permit, listing the permit and date of expiration;

(2) A statement verifying that the request for permit renewal is for further import of the same species of microorganisms for the same purpose and using the same facility, equipment, procedures, and safeguards previously submitted by the importer and as approved by the chief or board; and

(3) An agreement by the importer to comply with permit conditions.

(c) The chief may require a site inspection and approval for a permit renewal that adds another site to the permit or that changes the responsible person named in the permit.

(d) The chief may disapprove a permit renewal request based on the following:

(1) Proposed changes are made to the species of microorganisms listed on the permit;

(2) Proposed changes are made to the use, facility, equipment, procedure, or safeguards previously submitted by the importer and as approved by the chief or board;

(3) The importer has not, as of the date of the chief's action on the permit renewal request, deposited or paid bail with respect to any outstanding summons or citation issued to the importer; or

(4) The importer has not paid the user fee pursuant to section 4-71A-19.

(e) If the request for permit renewal is not applied for within 30 days after the expiration of the permit, the request for renewal shall be treated as a new import request and shall be subject to the import requirements of section 4-71A-3; and if applicable, 4-71A-7.

History

[Eff. 11/30/01] (Auth: HRS §§ 150A-9, 150A-6.3) (Imp: HRS § 150A-6.3)

Haw. Code R. § 4-71A-16 Post-entry inspection

(a) Microorganisms imported under permit shall be subject to periodic inspection by the branch.

(b) At a post-entry inspection, the permittee shall make available for inspection the microorganism, records pertaining to the microorganism imported under permit, equipment, and facility upon request by the chief.

History

[Eff. 11/30/01] (Auth: HRS §§ 150A-9, 150A-6.3) (Imp: HRS § 150A-6.3)

Haw. Code R. § 4-71A-17 List amendment by order

(a) By order, the board may adopt additions to or deletions from the lists of microorganisms without regard to the notice and public hearing requirements of chapter 91, HRS; provided that thirty days or more prior to the effective date of the order, the department shall issue a press release and mail notices to the Office of Environmental Quality Control for publication and to all persons who have made a timely written request of the department for advance notice of the order or the department's rulemaking proceedings. The press release and the notice shall include:

(1) A statement summarizing the substance of the proposed order which may include examples of the kinds of microorganisms being added to or deleted from the lists required under section 150A-6.3, HRS;

(2) A statement that a copy of the proposed order and the proposed exact changes will be mailed to any interested person who requests a copy upon payment in advance of costs for photocopying, preparing, and mailing the copy;

(3) A statement as to where to obtain a copy of the proposed order and the proposed exact changes for inspection, or for pick-up after payment in full of costs for photocopying and preparing; and

(c) Upon approval by the board at a noticed, public meeting, the order to adopt additions to or deletions from the lists of microorganisms shall take effect ten days after the daily or weekly publication of statewide circulation or in separate daily or weekly publications whose combined circulation is statewide.

History

[Eff. 11/30/01] (Auth: HRS §§ 150A-5.9, 150A-6.3) (Imp: HRS § 150A-6.3)

Haw. Code R. § 4-71A-18 Maximum time period for permit approvals, disapprovals, extensions, or automatic approvals

(1) For microorganism species for which the chief is authorized to approve a permit, i.e., restricted list (Part B) microorganisms for purposes provided in Section 4-71A-22(c)(1),(2), and (3), the chief may approve or disapprove the issuance of a permit within 90 days; and

(2) For microorganisms requiring board action as provided in section 4-71A-6, the board may approve or disapprove the issuance of a permit within 180 days.

History

[Eff. 11/30/01] (Auth: HRS §§ 91-13.5, 150A-9) (Imp: HRS § 150A-6.3)

Haw. Code R. § 4-71A-19 User fees

(a) The fee to process permits or permit renewals for import of an unlisted microorganism or a microorganism on the list of restricted microorganisms shall be as follows:

(1) Five dollars per permit for a single shipment within one year from date of issuance or within a calendar year; or

(2) Fifty dollars per permit for unlimited shipments within one year from date of issuance or within a calendar year.

(b) The fee to amend a permit shall be five dollars per request.

(c) The fee to process the registration of a microbial product shall be fifty dollars for unlimited shipments within two years from the date of issuance.

(d) The fee to renew registration of a microbial product shall be twenty-five dollars for unlimited shipments within one year from the date of renewal.

(e) In addition to the requirements of subsection (a), a fee for a site inspection as required in this chapter or by permit conditions shall be twenty-five dollars per inspection plus mileage reimbursement.

(f) For inspection requiring the services of personnel beyond official working hours, an additional fee shall be assessed which shall include applicable charges for overtime wages, fixed charges for personnel services, and meals if required.

(g) Permit and inspection fees may be waived by the chief for not-for-profit organizations, universities, schools, or government agencies.

(h) All fees shall be paid in full at the time of submission of the request and shall be submitted to the chief as follows:

(1) Cash for walk-in payments only; or

(2) Money orders, cashier's or company check made payable to the "Hawaii Department of Agriculture".

(i) All fees paid are non-refundable.

History

[Eff. 11/30/01] (Auth: HRS §§ 150A-9, 150A-6.3) (Imp: HRS § 150A-6.3)

Haw. Code R. § 4-71A-20 Violations

Any person who violates any provision or requirement of this chapter or of any notice given pursuant thereto, shall be subject to the penalties provided for under section 150A-14, HRS.

History

[Eff. 11/30/01] (Auth: HRS §§ 150A-9, 150A-6.3) (Imp: HRS § 150A-6.3)

Subchapter 2 INTRODUCTION OF MICROORGANISMS

Haw. Code R. § 4-71A-21 List of restricted microorganisms, Part A

(a) The list of restricted microorganisms, Part A, is comprised of microorganisms classified as high risk microorganisms.

(b) The list of microorganisms designated as restricted, Part A, dated October 25, 2001, is located at the end of this chapter and made a part of this section.

(c) The introduction into Hawaii and possession of a microorganism on the list of restricted microorganisms, Part A, shall be by permit approved by the board pursuant to sections 4-71A-4 and 4-71A-7 and subject to permit conditions established by the board as further provided in section 4-71A-26.

History

[Eff. 11/30/01] (Auth: HRS §§ 150A-5.9, 150A-6.3) (Imp: HRS § 150A-6.3)

Haw. Code R. § 4-71A-22 List of restricted microorganisms Part B

(a) The list of restricted microorganisms, Part B, is comprised of microorganisms classified as moderate risk microorganisms.

(b) The list of microorganisms designated as restricted, Part B, dated October 25, 2001, is located at the end of this chapter and made a part of this section.

(c) The introduction into Hawaii and possession of a microorganism on the list of restricted microorganisms, Part B, may be allowed by permit approved by the chief for the following purposes:

(1) Laboratory studies, analyses, or diagnostics excluding manufacturing or production;

(2) Plant or soil inoculation studies in a laboratory or growth chamber; or

(3) Cultivation of algal, cyanobacterial and photosynthetic bacterial species in a closed or semi-closed system such as a photobioreactor.

(d) The introduction into Hawaii and possession of a microorganism on the list of restricted microorganisms, Part B, for purposes other than those described in subsection (c) will require a permit approved by the board pursuant to sections 4-71A-4 and 4-71A-7.

(e) If the chief determines that import of a strain of microorganism on the list of restricted microorganisms, Part B, is likely to increase the level of risk above that of a moderate risk microorganism as defined in section 4-71A-2, the request to import will require a permit approved by the board pursuant to sections 4-71A-4 and 4-71A-7.

(f) A permit issued under this section is subject to permit conditions as provided in subchapter 3.

History

[Eff. 11/30/01] (Auth: HRS §§ 150A-9, 150A-6.3) (Imp: HRS § 150A-6.3)

Haw. Code R. § 4-71A-23 List of select human pathogens

(a) The list of microorganisms designated as select human pathogens, dated October 25, 2001, is located at the end of this chapter and made a part of this section.

(b) The introduction into Hawaii and possession of a microorganism on the list of select human pathogens is allowed without permit issued by the department subject to branch approval for the import in advance of shipment, and satisfaction of pre-entry and inspection requirements and further provided that:

(1) The importer submits to the chief in advance of shipment a valid certificate issued by the CDC, for the movement of a species cited in Appendix A of the CDC List of Select Agents at 42 United States Code of Federal Regulations, section 72.6; or

(2) The importer is a clinical laboratory certified under the Clinical Laboratory Improvement Amendments of 1988, (42 United States Code of Federal Regulations, section 263a) that utilizes microorganisms on the list of select human pathogens for diagnostic, reference, verification, or proficiency testing purposes and is exempt from 42 United States Code of Federal Regulations, section 72.6.

(c) The branch shall notify the department of health of the entry into the State of the microorganism for the purpose of possible inspection and monitoring by the department of health.

History

[Eff. 11/30/01] (Auth: HRS §§ 150A-9, 150A-6.3) (Imp: HRS § 150A-6.3)

Haw. Code R. § 4-71A-24 List of nonrestricted microorganisms

(a) The list of nonrestricted microorganisms is comprised of microorganisms classified as low risk.

(b) The list of microorganisms designated as nonrestricted, dated October 25, 2001, is located at the end of this chapter and made a part of this section.

(c) Nonrestricted microorganisms imported for purposes and uses which, in the chief's judgment, are not likely to increase the level of risk above that of a low risk microorganism as defined in section 4-71A-2 may be imported into the State without a permit provided that:

(1) The importer files a written statement with the chief on a form provided by the department, pursuant to section 4-71A-4; and the branch confirms that the microorganism requested for import is on the list of nonrestricted microorganisms and is from cultured stock; and

(2) The microorganism meets the pre-entry and inspection requirements of section 4-71A-8 and 4-71-9, respectively.

(d) A request for import of a nonrestricted microorganism for a purpose or use that is likely to increase the level of risk above that described in subsection (a) or a request for import of a nonrestricted microorganism strain that is likely to increase the level of risk above that described in subsection (a) shall require a permit approved by the chief provided that the importer can comply with permit conditions in section 4-71A-27, and if applicable, section 4-71A-28.

(e) Microbial products containing microorganisms only on the list of nonrestricted microorganisms are subject to the import requirements for microbial products in subchapter 4.

History

[Eff. 11/30/01] (Auth: HRS §§ 150A-9, 150A-6.3) (Imp: HRS § 150A-6.3)

Haw. Code R. § 4-71A-25 Unlisted microorganisms

(a) The introduction into Hawaii and possession of a microorganism not on any of the lists of microorganisms included in this chapter may be allowed based on the department's determination of the level of risk presented by the microorganism requested for import and its proposed use as provided below.

(b) An unlisted microorganism that is determined by the department to be a low risk microorganism may be allowed import by a letter of authorization issued by the chief without advisory committee review or board approval.

(c) An unlisted microorganism that is determined by the department to be a moderate risk microorganism may be allowed import by special permit approved by:

(1) The chief without advisory committee or board approval, provided that the microorganism is for laboratory studies, diagnostics, and analyses, excluding manufacture or production; plant or soil inoculation studies in the laboratory or growth chamber; or cultivation of algal, cyanobacterial and photosynthetic bacterial species in a closed or semi-closed system such as photobioreactor; provided the importer can comply with permit conditions in section 4-71A-27, and if applicable, section 4-71A-2 8; or

(2) The board, with advisory committee review, if the microorganism is for purposes other than those listed in subsection (c)(1), provided that, the importer can comply with permit conditions established by the board.

(d) An unlisted microorganism that is determined by the department to be a high risk microorganism may be allowed import by special permit approved by the board, with advisory committee review, for purposes approved by the board, provided that the importer is able to comply with permit conditions established by the board.

(e) An unlisted microorganism imported by special permit shall be subject to the import, inspection, and standard permit requirements of subchapter 1 of this chapter.

(f) An unlisted microorganism allowed for import will be subsequently proposed for listing on the appropriate list of microorganisms based on the department's determination of the level of risk presented by the microorganism.

(g) A special permit issued under this section is subject to permit conditions established as provided in this section and in subchapter 3.

History

[Eff. 11/30/01] (Auth: HRS §§ 150A-9, 150A-6.3) (Imp: HRS § 150A-6.3)

Subchapter 3 PERMIT CONDITIONS

Haw. Code R. § 4-71A-26 Permit conditions

(a) The importation and possession of a microorganism by permit shall be subject to conditions appropriate to eliminate or minimize the risks otherwise associated with the microorganism and its use.

(b) Permit conditions established by rule or by the board include, but are not limited to, restrictions as to time, place, location and use, special precautions, health requirements, and requirements for safeguarding the microorganism from escape, unauthorized release, or theft, as well as any applicable requirements of municipal, state, or federal law.

(c) The permittee shall comply with the requirements of this chapter, chapter 150A, HRS, standard permit conditions and, if applicable, supplemental permit conditions established herein or, if the permit requires board action, with permit conditions established by the board.

(d) When an applicant whose request would not otherwise require board action is unable to comply with a permit condition established by rule, the chief in his discretion may forward the request for advisory committee review and board action.

History

[Eff. 11/30/01] (Auth: HRS §§ 150A-9, 150A-6.3) (Imp: HRS § 150A-6.3)

Haw. Code R. § 4-71A-27 Standard permit conditions

All microorganisms allowed import through permit issued by the chief are subject to the standard permit conditions set forth below, provided that, for each permit, the identity of the microorganism or microorganisms or, alternatively, reference to an attached list of identified microorganisms to be imported, the purpose or purposes for import, permittee's name and address, site including address, and name and title of the person responsible for the particular import shall be inserted, as appropriate, in conditions (1),(2),(4) and (5), respectively:

(1) The microorganisms, _________________, shall be used for_________________, a purpose approved by the chief, and shall not be sold, given, transferred or released in Hawaii, unless approved by the chief in writing;

(2) The permittee, _________________, shall be responsible and accountable for all microorganisms imported, from the time of their arrival to their final disposition;

(3) The microorganisms are subject to the pre-entry requirements of section 4-71A-8 and the inspection requirements of section 4- 71A-9;

(4) The microorganisms shall be safeguarded at

_________________, a site inspected and approved by the branch prior to importation. Removal of the microorganisms to another site shall require site inspection and prior approval by the chief;

(5) The microorganisms shall be maintained by

_________________ as the responsible person or by trained or certified personnel designated by the responsible person;

(6) The permittee shall adhere to the use, facility, equipment, procedures, and safeguards proposed and described in the permit application, as approved;

(7) The approved site, microorganisms, and records pertaining to the microorganisms under permit shall be subject to post-entry inspections pursuant to section 4-71A-16;

(8) The permittee shall immediately report to the chief any theft, accidental release, exposure, or disease outbreaks involving the microorganisms;

(9) Upon completion or termination of the use of the microorganisms, the microorganisms shall be destroyed by autoclaving. In the event autoclaving is not possible, the permittee shall obtain written authorization from the chief for an appropriate alternate method of destruction;

(10) The permittee shall submit an annual report of all the microorganisms imported for the calendar year by January 31^st of the following year. The report shall include the permit number, scientific name and quantity of each microorganism species imported, and status of use of the microorganisms;

(11) The permittee shall submit a final report on the method of destruction of the microorganism species to the chief within 30 days of completion or termination of the use of the microorganisms;

(12) The permittee shall have available a procedural or safety manual at the time of inspection which identifies the hazards that will or may be encountered, and which specifies practices and procedures designed to minimize or eliminate risks of exposure or contamination;

(13) It is the responsibility of the permittee to comply with any applicable requirements of municipal, state, or federal law pertaining to the microorganisms;

(14) The permittee shall submit to the chief a copy of all valid licenses, permits, certificates or their equivalent required for the operation of the facility where the microorganisms are safeguarded. The permit issued by the chief may be cancelled upon revocation, suspension, or termination of any of the aforementioned documents required for operation of the facility;

(15) Any violation of the permit conditions may result in citation or in cancellation of the permit, or both;

(16) A cancelled permit is invalid and upon written notification from the chief, all microorganisms listed on the permit shall not be imported. In the event of permit cancellation, any microorganism species imported may be moved, seized, treated, quarantined, destroyed, or sent out of state at the discretion of the chief. Any expense or loss in connection therewith shall be borne by the permittee;

(17) The permit conditions are subject to cancellation or amendment at any time due to changes in statute or administrative rules restricting or disallowing import of the microorganisms or due to Board of Agriculture action disallowing a previously permitted use of the microorganisms; and

(18) The permittee shall agree in advance to defend and indemnify the State of Hawaii, its officers, agents, and employees for any and all claims against the State of Hawaii, its officers, agents, or employees that may arise from or be attributable to any of the microorganisms that are introduced under this permit. This permit condition shall not apply to a permittee that is a federal or State of Hawaii entity or employee, provided that the state employee is a permittee in the employee's official capacity.

History

[Eff. 11/30/01] (Auth: HRS §§ 150A-5.9, 150A-6.3) (Imp: HRS § 150A-6.3)

Haw. Code R. § 4-71A-28 Supplemental permit conditions

The following supplemental permit conditions are established for import of microorganism species on the list of restricted microorganisms, Part B, according to the respective import purpose or use:

(1) For laboratory studies, diagnostics and analyses: the permittee shall comply with the Centers for Disease Control and Prevention and National Institutes of Health Biosafety Level 2 guidelines for laboratory facility, safety equipment, standard microbiological practices and special practices as found in the current edition of the Biosafety in Microbiological and Biomedical Laboratories; or

(2) For plant or soil inoculation studies in a laboratory or growth chamber:

(A) The permittee shall collect and disinfect the runoff prior to disposal into a waste disposal system approved by the branch; and

(B) Upon completion or termination of the use of the restricted articles, the inoculated materials shall be destroyed or sterilized by autoclaving.

(3) For recombinant DNA research: the permittee shall comply with the National Institutes of Health current biosafety level guidelines for recombinant DNA research published in and as amended in the Federal Register; or

(4) For algae, cyanobacteria and photosynthetic bacteria in closed or semi-closed systems such as photobioreactors: the effluent shall be disinfected prior to discharge or routed to a waste-disposal system approved by the branch.

History

[Eff. 11/30/01] (Auth: HRS §§ 150A-9, 150A-6.3) (Imp: HRS § 150A-6.3)

Subchapter 4 INTRODUCTION OF MICROBIAL PRODUCTS

Haw. Code R. § 4-71A-29 Introduction of a microbial product

(a) The introduction into Hawaii and possession of a microbial product is allowed only as provided below.

(b) A microbial product containing only microorganisms on the list of nonrestricted microorganisms, including recombinant DNA strains determined by the department to be low risk, may only be imported into the State through a registration with the branch. A microbial product containing recombinant DNA strains of nonrestricted microorganisms other than strains determined by the department to be low risk shall require a permit for import subject to meeting the requirements of sections 4-71A-4 and, if applicable, 4-71A-7 and 4-71A-10;

(c) A microbial product containing only unlisted microorganism species determined by the department to be low risk microorganisms may be allowed import by letter of authorization subject to meeting the requirements of section 4-71A-4;

(d) A microbial product containing only one or more unlisted microorganism species other than species determined by the department to be low risk microorganism(s) may be allowed import by permit subject to meeting the requirements of sections 4-71A- 4, and if applicable, 4-71A-7 and 4-71A-10; and

(e) A microbial product containing only microorganisms on both the lists of nonrestricted and restricted microorganisms may be allowed import by permit pursuant to sections 4-71A-4, and if applicable, 4-71A-7 and 4-71A-10.

History

[Eff. 11/30/01] Auth: HRS §§ 150A-9, 150A-6.3) (Imp: HRS § 150A-6.3)

Haw. Code R. § 4-71A-30 Microbial product registration

(a) A request to register a microbial product for import into the State shall be submitted to the chief on the department application form in advance of shipment, providing the information required in section 4-71A-4(a)(3),(4),(5),(7),(8) and (9), as well as the following additional information:

(1) A request to introduce a microbial product into the State under registration;

(2) A request that the department inspect the microbial product upon arrival in the State;

(3) Quantity of each microbial product and scientific (genus and species) name of the microorganisms contained in each of the microbial products;

(4) Material safety data sheet and label that includes the name, brand, or trade mark, ingredient statement, directions for use, and caution or warning statement, name and address of the manufacturer or person for whom manufactured; and

(5) Description of the method of disposal for the microbial product.

(b) Registration is effective for one year from the date of issuance.

History

[Eff. 11/30/01] (Auth: HRS §§ 150A-9, 150A-6.3) (Imp: HRS § 150A-6.3)

Haw. Code R. § 4-71A-31 Conditions of registration

(a) Registered microbial products shall be allowed import for distribution, sales, or individual use.

(b) Registered microbial products shall be used in accordance with the product label.

(c) The registrant shall immediately notify the chief in writing of any changes made to the registered microbial product including to the microorganisms contained in the product, product label and use of the product. The written notification shall be submitted to chief in advance of shipment.

(d) Microbial products imported into the State are subject to pre-entry and inspection requirements pursuant to § 4-71A-8 and § 4-71A-9.

History

[Eff. 11/30/01] (Auth: HRS §§ 150A-9, 150A-6.3) (Imp: HRS § 150A-6.3)

Haw. Code R. § 4-71A-32 Registration renewal

(a) Registration of a microbial product may be renewed only when there are no changes in or to the microorganisms contained in the microbial product, product label, or the use of the product as previously registered.

(b) The chief may disapprove a request for renewal of registration for the following reasons:

(1) Changes declared on the request for registration renewal are, in the chief's judgment, sufficiently significant to require a new registration; or

(2) The registrant has not deposited or paid bail with respect to any summons or citation issued to the registrant as of the date of the chief's action on the request.

(c) A request to renew the registration of a microbial product shall not be made more than two months prior to the date of expiration.

(d) The registrant shall submit a written request for renewal to the chief with the following statements and information:

(1) A request to renew registration;

(2) A request that the department examine the microbial product upon arrival in the state;

(3) An agreement by the registrant to comply with conditions of registration;

(4) An agreement to be responsible for all costs, charges, or expenses incident to the inspection or treatment of the imported microbial products;

(5) A waiver of all claims for damages or losses incident to the inspection, treatment, disinfection, treatment, quarantine, or destruction of the microbial product, if necessary; and

(6) A statement that there are no changes in or to the microorganisms contained in the product as previously registered, product label, or use of the product.

(e) If the request for registration renewal is not submitted within 30 days after the expiration of an existing registration, the request for registration renewal shall be treated as a new registration request and shall be subject to the import requirements and fees of sections 4-71A-19 and 4-71A-30.

History

[Eff. 11/30/01] (Auth: HRS §§ 150A-9, 150A-6.3) (Imp: HRS § 150A-6.3)

Haw. Code R. § 4-71A-33 Cancellation of registration

The chief may cancel the registration of a microbial product for any of the following reasons:

(1) Any violation of the conditions of registration;

(2) A written request by the registrant to cancel registration; or

(3) The microorganism(s) contained in the microbial product are no longer on the list of nonrestricted microorganisms.

History

[Eff. 11/30/01] (Auth: HRS §§ 150A-5.9, 150A-6.3) (Imp: HRS §15 0A-6.3)

Haw. Code R. § 4-71A-34 Import of a microbial product under trade secret claim

(a) Import of a microbial product containing a microorganism for which species identification is claimed by the product's manufacturer or shipper to be trade secret shall be subject to special handling to assure confidentiality of the species identification of the microorganism, provided that the manufacturer or shipper and importer comply with branch procedures for notification and accommodation of a trade secret claim.

(b) Notwithstanding the assertion of a trade secret claim as described in subsection (a), the manufacturer or shipper shall disclose to the chief the scientific name or species identification of each microorganism contained in the microbial product requested for import, after which the asserted trade secret data will only be reviewed as necessary by certain persons in the branch's permit and registration review process. To maintain confidentiality, the asserted trade secret data will appear in coded form in written materials at any public meetings at which the import request is considered or in any disclosure of public records.

(c) It is the responsibility of the applicant or permittee to defend a trade secret claim if challenged and prove trade secret status. The department will treat a properly asserted trade secret claim as such and maintain confidentiality for the asserted trade secret data to the extent permitted by law or unless required to disclose the information pursuant to chapter 92F, HRS. If upon challenge, the state Office of Information Practices or a court determines that the scientific name or species identification of a microorganism contained in a microbial product is not a trade secret, subject to the outcome of any appeal, the department will disclose the data.

(d) A microbial product under trade secret claim is subject to the import requirements for microbial products described in this subject.

(e) Both a local importer as applicant and a manufacturer or shipper as co-applicant shall complete and sign an application for import under trade secret claim as provided herein and on branch forms. A trade secret claim under this section will be processed as follows:

(1) The manufacture or shipper shall notify the chief in writing of a trade secret claim asserted as to species identification of one or more microorganisms contained in a microbial product and shall provide the product name and the name and address of the local importer;

(2) Upon notification, the chief shall send to the manufacturer or shipper a permit application for import under trade secret claim;

(3) The manufacture or shipper shall list on the application the scientific name of each microorganism contained in the product, identifying which microorganisms are asserted to be trade secret protected, and shall complete and sign the application;

(4) Prior to submitting the completed application to the branch for special handling, the manufacturer or shipper shall send to the importer a copy of the same application, first deleting species identification for those microorganisms in the product asserted to be trade secret protected; and

(5) The importer shall complete, sign and submit the trade secret data redacted application to the department.

(f) Products containing microorganisms under trade secret claim shall not be listed on the same permit application as products for which no trade secret claim is asserted.

History

[Eff. 11/30/01] (Auth: HRS §§ 150A-9, 150A-6.3) (Imp: HRS § 150A-6.3)

Chapter 72 PLANT AND NON-DOMESTIC ANIMAL QUARANTINE PLANT INTRASTATE RULES

Haw. Code R. § 4-72-1 Objective

The objective of this chapter is to implement the requirements of chapter 150A, Hawaii Revised Statutes, by restricting or prohibiting the interisland and intraisland transportation of plant pests and their plant or commodity hosts to prevent the spread and establishment of plant pests detrimental to agriculture, horticultural industries and forest lands on uninfested islands and in uninfested localities of the State.

History

[Eff. 7/13/81; comp 9/19/91; am 4/13/1998; comp FEB 24 2012] (Auth: HRS §§ 141-2, 150A-9) (Imp: HRS § 150A-8)

Haw. Code R. § 4-72-2 Definitions

As used in this chapter:

"Advisory Committee" means the advisory committee on plants and animals,-

"Animal manure" means manure from poultry or livestock;

"Board" means board of agriculture;

"Department" means department of agriculture;

"Chief" means chief of the plant quarantine branch;

"Infested area" means an island or locality within the State where a specific pest is known to be established; and

"Restricted area" means an island or locality within the State where a specific pest is not known to be established or where an eradication or control project for a specified pest is being conducted by the plant pest control branch.

History

[Eff. 7/13/81; comp 9/19/91; am and comp FEB 24 2012] (Auth: HRS §§ 141-2, 150A-9) (Imp: HRS §§ 141-2, 150A-8)

Haw. Code R. § 4-72-3 Inspectional requirements

(a) Plant and propagative plant parts shall be inspected prior to being transported between the islands of the State. A certificate of inspection shall indicate satisfaction of the requirement for inspection.

(b) Cut or harvested flowers, foliage, fruits, vegetable, and other non-propagative plant parts need not be inspected prior to being transported between the islands of the State; provided that these commodities shall be subject to periodic random inspection at either the port of departure or port of entry.

History

[Eff. 7/13/81; comp 9/19/91; am and comp FEB 24 2012] (Auth: HRS §§ 141-2, 150A-9) (Imp: HRS §§ 141-2, 150A-8)

Haw. Code R. § 4-72-4 Prohibited transportations

(a) The interisland transportation of a commodity not inspected pursuant to § 4-72-3 is prohibited.

(b) A commodity infested with any pest defined in § 150A-2, Hawaii Revised Statutes, shall not be transported between the islands unless it has been subjected to an appropriate treatment that exterminates the pest, as approved by the chief. Appropriate treatment may include, but is not limited to, pesticide or fumigation treatment. The chief may, however, authorize the transportation of an untreated infested commodity to an island where the pest is known to be established.

(c) Specific commodities shall not be transported pursuant to their respective restrictions in §§ 4-72-6, 4-72-7, 4-72-8, 4-72-9, 4-72-10, 4-72-11, and 4-72-12.

History

[Eff. 7/13/81; am and comp 9/19/91; am and comp FEB 24 2012] (Auth: HRS §§ 141-2, 150A-9) (Imp: HRS §§ 141-2, 150A-8)

Haw. Code R. § 4-72-4.5 Designation of infested areas; expansion

(a) The area of infestation as designated by rule, including interim rule, may be expanded by the board to reflect the spread of a specific pest infestation in order to implement quarantine measures to prevent movement of the pest and its plant or commodity hosts from the expanded area of infestation to restricted areas, provided that:

(1) The board first obtains advice from qualified persons with relevant expertise, but need not obtain advisory committee review;

(2) The board designates the expanded infested area, identifying the revised geographical extent of the infestation;

(3) The board's action occurs at a meeting on the island where the new infestation has occurred, following written notice of the proposed board designation to industry groups likely to be affected;

(4) The department issues a press release and written notice of the designation of expansion of the infested area to affected industry groups prior to the effective date of designation of expanded infested area; and

(5) Notice of the board's action, including its effective date, is posted by the following day on the department's website and is given in a daily or weekly publication of statewide circulation or in separate daily or weekly publications whose combined circulation is statewide within twelve days of the board's action.

(b) The board's designation of an expanded infested area shall be effective the day following the board's action, unless a later effective date is specified by the board's action.

History

[Eff and comp FEB 24 2012] (Auth: HRS §§ 141-2, 150A-9) (Imp: HRS §§ 141-2, 150A-8)

Haw. Code R. § 4-72-5 Examples of regulated pests

Examples of pests for the purposes of § 4-72-4 shall include, but not be limited to the following:

(1) Oriental beetle - Anomala orientalis Waterhouse, a serious insect pest of sugarcane;

(2) Fern weevil - Syagrius fulvitarisis Pascoe, an insect pest injurious to fern plants;

(3) Giant African snail - Achatina fulica Bowdich, a serious pest of horticultural and vegetable crops;

(4) Cactus mealybug - Dactylopius opuntiae (Cockerell) and other insects feeding on opuntia spp. Of cactus, pests injurious to cactus utilized for forage or ornamental purposes;

(5) Hunting billbug - Sphenophorus venatus vestitus Chittenden, a serious insect pest of turf and range grasses;

(6) Coconut scale - Aspidiotus destructor Signoret, a serious insect pest of palms, bananas, and more than 400 more plants;

(7) Sugarcane smut - Ustilago Scitaminea Syd., a serious fungus disease of sugarcane;

(8) Papaya mosaic, a serious virus disease of papaya;

(9) Orange spiny whitefly - Aleurocanthus spiniferus (Quaintance), a serious insect pest of rose and citrus;

(10) Bristly rose slug - Cladius differmis Panzar, a pest injurious to the ros plant;

(11) Croton whitefly - Orchamplatus mammaeferus (Quaintance and Baker), a serious insect pest of croton and citrus;

(12) Anthurium whitefly - Aleurotulus sp., a serious insect pest of anthurium;

(13) An anthurium whitefly - Crenidorsum sp., a serious insect pest of anthurium, philodendron, and monstera;

(14) Eurasian pine aphid - Pineus pini Koch, a serious insect pest of pine;

(15) Fiery skipper - Hylephila phyleus Drury, a serious pest of turf and pasture grasses and ornamental sedges ,-

(16) Taro root aphid - Pemphigus sp., a serious pest of dryland taro; and

(17) Eucalyptus canker - Cryphonectria cubensis (Bruner) Hodges, a serious disease of Eucalyptus spp.

History

[Eff. 7/13/81; am and comp 9/19/91; comp FEB 24 2012] (Auth: HRS §§ 141-2, 150A-9) (Imp: HRS §§ 171-2, 150A-8)

Haw. Code R. § 4-72-6 Restrictions on sugarcane

(a) Transportation of sugarcane plants and parts thereof including leaves, roots, and cuttings which are hosts of the oriental beetle and sugarcane smut disease shall be prohibited from an infested area to a restricted area for the oriental beetle and sugarcane smut disease except by permit pursuant to subsection (b).

(b) A permit may be issued by the chief to the Hawaiian Sugar Planters' Association (HSPA) and to persons conducting research under the auspices of the HSPA for the transportation of a limited quantity of sugarcane plants and parts from an infested area to a restricted area for the oriental beetle or sugarcane smut disease.

History

[Eff. 7/13/81; comp 9/19/91, comp FEB 24 2012] (Auth: HRS §§ 141-2, 150A-9) (Imp: HRS §§ 141-2, 150A-8)

Haw. Code R. § 4-72-7 Restrictions on soil, sand, and animal manure

(a) Transportation of the following is prohibited from an infested island to a restricted island for the oriental beetle.

(1) Soil, sand contaminated with visible amounts of soil, and animal manure in bulk shipment or in individual containers except by permit issued pursuant to subsection (b); and

(2) A plant in soil, sand, or artificial planting media except;

(A) A plant from a certified nursery;

(B) A plant from a commercial nursery located 1/4 mile or further from a field planted in sugarcane;

(C) A plant that has been verified by an inspector as grown in a locality 1/4 mile or further from a field planted in sugarcane;

(D) A plant that has been treated with an appropriate soil pesticide;

(E) A plant that has been bare-footed; or

(F) Orchid plants in cinders, hapuu or other artificial planting media.

(b) Permits required pursuant to subsection (a) (1) shall be issued by the chief under either one of the following circumstances:

(1) Fresh or composted animal manure that has not supported any plant growth from an area located 1/4 mile or further from any field planted in sugarcane; or

(2) Animal manure, soil, and sand contaminated with soil that has been fumigated or treated with an appropriate pesticide.

History

[Eff. 7/13/81; comp 9/19/91; comp FEB 24 2012] (Auth: HRS §§ 141-2, 150A-9) (Imp: HRS §§ 141-2, 150A-8)

Haw. Code R. § 4-72-8 Restrictions on transport, harboring, rearing, or breeding of pests

(a) The transport, harboring, rearing, or breeding of any pest defined in § 150A-2, Hawaii Revised Statutes is prohibited except under safeguards in an area infested by the pest involved for research, testing, or educational purposes by:

(1) The plant pest control branch;

(2) An agency, school, or university via permit issued by the chief.

History

[Eff. 7/13/81, comp 9/19/91; am and comp FEB 24 2012] (Auth: HRS §§ 141-2, 150A-9) (Imp: HRS §§ 141-2, 150A-8)

Haw. Code R. § 4-72-9 Restrictions on dasheen and taro corms

Transportation of dasheen and taro corms are prohibited from an infested island to a restricted island for taro root aphid except:

(1) Taro corms consigned to a poi factory or other food processing plant;

(2) Dasheen and taro corms consigned to produce wholesalers, supermarkets, retail food stores, and restaurants;

(3) Taro corms verified as wetland taro; and

(4) Taro consigned to individuals for food preparation with the corm's "huli" removed.

History

[Eff. 7/13/81; comp 9/19/91; comp FEB 24 2012] (Auth: HRS §§ 141-2, 150A-9) (Imp: HRS §§ 141-2, 150A-8)

Haw. Code R. § 4-72-10 Restrictions on papaya and cucurbit

Transportation of papaya and cucurbit (plants in the family cucurbitaceae) plants and plant parts except seed and fruit are prohibited from an infested area to. a restricted area for papaya mosaic virus disease.

History

[Eff. 7/13/81; comp 9/19/91; comp FEB 24 2012] (Auth: HRS §§ 141-2, 150A-9) (Imp: HRS §§ 141-2, 150A-8)

Haw. Code R. § 4-72-11 Restrictions on banana

(a) Transportation of banana plants and plant parts except fruits is prohibited from the island of Oahu and from the North Kona and South Kona Districts on the island of Hawaii, which are banana bunchy top virus infested areas, to other islands and localities within the State except by permit pursuant to subsection (b).

(b) A permit to allow transportation of banana plants and plant parts from an infested area may be issued by the chief subject to permit conditions established by the board to prevent the movement of banana bunchy top virus from banana bunchy top virus infested areas. The chief may, without submitting a permit application to the board, approve the issuance of a permit with conditions previously mandated by the board upon the chief's determination that, for the proposed transport, the previously established conditions are adequate to preserve the quarantine.

History

[Eff. 7/13/81; comp 9/19/91; am 4/13/98; am and comp FEB 24 2012] (Auth: HRS §§ 141-2, 150A-9) (Imp: HRS §§ 141-2, 150A-8)

Haw. Code R. § 4-72-12 Restrictions on coffee

(a) Transportation of coffee plants and parts thereof, including unroasted seeds (green coffee beans), used coffee bags, and coffee harvesting equipment, including baskets, sacks, or containers, is prohibited from a coffee berry borer infested area to a coffee berry borer restricted area except by permit pursuant to subsection (b).

(b) A permit may be issued by the chief for the transportation of a commodity or item listed in subsection (a), with conditions established by the chief appropriate for each of the following circumstances:

(1) Coffee plants and plant parts for propagation when subject to treatment with an approved pesticide, and grown and monitored in quarantine for a period of not less than one year at a state facility;

(2) Coffee plants and plant parts that have been shipped using safeguards approved by the chief to an approved facility for research purposes;

(3) Roasting of green coffee beans that have been subjected to treatments approved by the chief;

(4) Roasting of untreated green coffee beans that have been shipped using safeguards approved by the chief to an approved facility that is located at least 5 miles away from a commercial coffee growing area;

(5) Used coffee bags that have been subjected to treatments approved by the chief; or

(6) Coffee harvesting equipment that has been subjected to treatments approved by the chief.

(c) The chief is authorized to approve treatments and mitigative measures as they are scientifically validated and may revise permit conditions accordingly, as necessary to prevent movement of the coffee berry borer from the infested area and to preserve the quarantine. Organic treatment methods are available, as approved by the chief.

(d) Coffee plants, plant parts, green coffee beans, and used coffee bags for export are not subject to quarantine restrictions, provided that they are exported directly from the coffee berry borer infested area and are not transshipped through a coffee berry borer restricted area in the State. Coffee plants, plant parts, green coffee beans, and used coffee bags for export that move from one infested area to another or that are exported via transshipment through a coffee berry borer restricted area must be double-bagged in thick, transparent, non-permeable plastic bags that are sealed and labeled to identify their contents as being from a specific coffee berry borer infested area, provided that the chief is authorized to revise these required safeguards, as necessary.

(e) The island of Hawaii is designated as a coffee berry borer infested area, notwithstanding ongoing control projects on the island, and other islands in the State are designated as coffee berry borer restricted areas. The designated coffee berry-borer infested area may be expanded by board action as provided in § 4-72-4.5.

History

[Eff and comp FEB 24 2012] (Auth: HRS §§ 141-2, 150A-9) (Imp: HRS §§ 141-2, 150A-8)

Haw. Code R. § 4-72-13 Quarantine restrictions on ohia and soil from rapid ohia death infested areas

(a) The board has determined that the disease called ohia wilt (also known as rapid ohia death) presents a serious danger to ohia (Metrosideros), the ohia forests of Hawaii, and horticultural and agricultural industries.

(b) Transportation of soil and ohia (Metrosideros, all species in genus) plants, plant parts, including flowers, leaves, seeds, stems, twigs, cuttings, mulch, greenwaste, frass, wood, logs, and posts is prohibited from a rapid ohia death infested area to a rapid ohia death restricted area except as allowed by permit pursuant to subsection (c), or as otherwise provided herein.

(c) A permit may be issued by the chief for the transportation of a material or commodity listed in subsection (b), subject to laboratory analysis or other science-based method approved by the chief, as appropriate, to determine whether the material or commodity is free of the fungus, Ceratocystis fimbriata, the causal agent of ohia wilt disease, and subject to appropriate conditions established by the chief.

(d) Material or a commodity listed in subsection (b) that tests positive for Ceratocystis fimbriata, other than material or a commodity for research or diagnostic purposes, shall not be shipped from a rapid ohia death infested area to a rapid ohia death restricted area, nor shall any material or commodity in the same lot for shipment be shipped, unless an effective treatment to destroy Ceratocystis fimbriata is available, is approved by the chief, and the shipment has been subjected to the approved treatment.

(e) Transportation of a material or commodity listed in subsection (b) for research or diagnostic purposes moving from a rapid ohia death infested area to a rapid ohia death restricted area of the State, shall be under permit, using safeguards approved by the chief, to an approved facility.

(f) Soil, including soil as a planting medium, may be shipped from a rapid ohia death infested area to a rapid ohia death restricted area of the State subject to pre-shipment testing as provided in subsection (c) and, if applicable, subject to treatment as provided in subsection (d). A shipper of soil that is an active participant in the department's intrastate compliance agreement program in which the shipper is required to maintain Ceratocystis fimbriata-free status as a condition for soil movement from an infested area is subject to testing as required by the compliance agreement and permit.

(g) Finished ohia wood products, such as wood flooring, furniture, bowls, picture frames, carvings, and jewelry that have been subjected to a treatment approved by the chief do not require a permit for intrastate transportation.

(h) The chief is authorized to approve treatments and mitigative measures as they are scientifically validated and may revise permit conditions accordingly, as necessary to prevent movement of ohia wilt disease from the infested area and to preserve the quarantine.

(i) The island of Hawaii is designated as a rapid ohia death infested area, notwithstanding any ongoing control projects on the island, and other islands in the State are designated as rapid ohia death restricted areas. The designated rapid ohia death infested area may be expanded by board action as provided in § 4-72-4.5.

(j) The shipper is responsible for all costs, charges, or expenses incident to the inspection or treatment of the soil and ohia material or commodity listed in subsection (b), including charges for overtime wages, fixed charges for personnel services, and meals.

History

[Eff and comp 11/27/2016] (Auth: HRS §§ 141-2, 150A-9) (Imp: HRS § 141-2, 150A-8)

Chapter 73 PLANT AND NON-DOMESTIC ANIMAL QUARANTINE PLANT EXPORT RULES

Haw. Code R. § 4-73-1 Objective

The objective of this chapter is to implement the requirements of chapter 150A, Hawaii Revised Statutes, by providing for export plant and plant products inspectional and disinfestation treatment services that meet the requirements of the state or country of destination.

History

[Eff. JUL 13 1981] (Auth: HRS § 150A-9) (Imp: HRS §§ 150A-21, 150A-22, 150A-23)

Haw. Code R. § 4-73-2 Definitions

As used in this chapter:

"Branch" means the plant quarantine branch;

"Burrowing nematode" means Radopholus similis;

"Certified nursery" means a plant nursery authorized by the department to certify plants;

"Certify" means to indicate by an official, printed certificate or rubber stamp that the content of a sealed container is apparently free of burrowing nematode and/or other quarantine pests;

"Chief" means chief of the plant quarantine branch;

"Inspection office" means plant quarantine offices located at 701 Ilalo Street, Honolulu; 4398 Pua Loke Street, Lihue; 16E Lanikaula Street, Hilo; and 635 Mua; Street, Kahului;

"Office hours" means the period of hours from 7:45 a.m. to 4:30 p.m., monday to friday inclusive, except official state holidays;

"Plant" means plant or plant parts thereof, including rooted or calloused bulbs and cuttings;

"Quarantine pests" means any insect, disease agent, or other organisms causing or capable of causing injury or damage to any plant or parts thereof; and

"Test" means to determine the presence or absence of a burrowing nematode by laboratory test.

History

[Eff. JUL 13 1981] (Auth: HRS § 150A-9) (Imp: HRS §§ 150A-21, 150A-22, 150A-23)

Haw. Code R. § 4-73-3 Export inspection and fumigation services

(a) The department shall provide the following services:

(1) Plant inspection and certification;

(2) Plant and fruit fumigation;

(3) Burrowing nematode testing; and

(4) Nursery certification.

(b) The respective locations for the inspectional and fumigation services shall be designated in subsequent sections of this chapter. The department may add, delete or change the designated locations when feasible.

(c) Nothing in this chapter shall be construed as requiring the department to render the inspectional or certification services when personnel and facilities are inadequate.

History

[Eff. JUL 13 1981] (Auth: § 150A-9) (Imp: HRS §§ 150A-21, 150A-22, 150A-23)

Haw. Code R. § 4-73-4 plant inspection and certification

(a) Plant inspection and certification services shall be conducted at the inspection offices on Hawaii, Kauai, Maui and Oahu during office hours.

(b) A plant or plant material shall be brought to the inspection office with a container in which the material can be completely enclosed. The container shall also be suitable for sealing with gummed tape.

(c) An inspection shall be conducted in accordance with the import rule of the domestic state or foreign country of destination.

(d) A plant or plant material may be required to be fumigated, treated with pesticide, washed free of soil or tested for burrowing nematodes as mandated by applicable rule.

(e) A plant or plant material shall not be certified until it has been determined that the requirement of the applicable rule has been met.

(f) A plant or plant material to be certified shall be packed, sealed and stamped at the inspection office When required, an appropriate federal or state phytosanitary certificate shall be issued.

History

[Eff. JUL 13 1981] (Auth: HRS § 150A-9) (Imp: HRS §§ 150A-21, 150A-22, 150A-23)

Haw. Code R. § 4-73-5 Plant and fruit fumigation

(a) Fumigation services shall be conducted at the inspection offices on Oahu, Hawaii and Kauai provided that the services may be suspended when the fumigation chamber, is inoperable or when there is a malfunction of the chamber or other mechanical part that results in unsafe conditions for the plant quarantine staff.

(b) A schedule of fumigation shall be established and posted in a conspicuous place at an inspection office.

History

[Eff. JUL 13 1981] (Auth: HRS § 150A-9) (Imp: HRS §§ 150A-21, 150A-22, 150A-23)

Haw. Code R. § 4-73-6 Burrowing nematode test

(a) Burrowing nematode testing service shall be conducted at the inspection offices on Oahu, Hawaii, Kauai and Maui provided that plants accepted for testing on any given day shall be limited to the testing capacity of the respective island laboratory.

(b) A request for test consisting of less than one hundred plants shall be accepted daily on a first come, first served basis subject to the limitation in paragraph (a) A request for test consisting of over one hundred plants shall be accepted for testing by prior arrangements made about seven days in advance of the testing date.

(c) Plants submitted for testing shall be free of soil or other planting media and shall have sufficient roots for a valid test. Plants determined by an inspector to have insufficient roots may be rejected for testing.

(d) Plants shall be left at the inspection office for the test duration of four to seven working days. Plants shall be submitted for testing far in advance of date of departure or shipping date to make allowance for test duration.

(e) Plants shall be submitted at the risk of the owner as test procedure requires the removal of representative samples of roots that have unpredictable effects on plant life including death in extreme cases

(f) The department or its employees shall not be held responsible for any loss, theft, or adverse condition of any plant submitted and retained for testing at the inspection office.

History

[Eff. JUL 13 1981] (Auth: HRS § 150A-9) (Imp: HRS §§ 150A-21, 150A-22, 150-23)

Haw. Code R. § 4-73-7 Nursery certification

(a) In lieu of certification of plants at the inspection office, the department may authorize a commercial plant nursery to self certify plants grown under specific conditions set forth in a memorandum of agreement executed by the nursery-operator and the department.

(b) Compliance to the conditions in the memorandum of agreement shall be determined by certification inspections conducted by the department. Certification inspections shall be conducted prior to initial nursery certification and at intervals of six months thereafter. Other additional certification inspection may be conducted between the six-month interval.

(c) An official certification stamp shall be issued to each certified nursery with a distinctive identifying number. The cost of the stamp shall be borne by the nursery but the stamp shall remain under control of the department. The stamp shall be surrendered to the department upon termination, suspension, or revocation of a nursery certification.

(d) Unless otherwise terminated, suspended, or revoked, a nursery certification shall be valid for six months and may be renewed as determined by certification inspection.

(e) A nursery certification may be permanently or temporarily terminated upon written request and upon surrender of the certification stamp to the department.

(f) A nursery certification may be suspended under the following conditions:

(1) Upon receipt of an out-of-state rejection notice for a quarantine pest; or

(2) Upon discovery of a quarantine pest at the certified nursery; or

(3) When any of the conditions stipulated in the memorandum of agreement is not being complied with; or

(4) Upon discovery of a quarantine pest in or on a pre-packaged certified product being offered for sale;

Provided that the suspension shall be in effect until the deficiencies are corrected and verified by inspection.

(g) A nursery certification may be revoked under the following conditions:

(1) Use of certification stamp for products and commodities other than plants from a certified nursery; or

(2) Unauthorized use of the certification stamp during suspension; or

(3) Refusal of a nursery operator to permit inspection of the nursery premise during reasonable working hours; or

(4) After repeated suspensions and when there are indications that the nursery operator is no longer able to continue maintaining the standards for a certified nursery; or

(5) Non-payment of fees after due notice.

History

[Eff. JUL 13 1981] (Auth: HRS § 150A-9) (Imp: HRS §§ 150A-21, 150A-22, 150A-23)

Haw. Code R. § 4-73-8 Nursery inspection fee

(a) A nursery inspection fee shall Include a charge of twenty dollars for nurseries carrying less than ten thousand plants, forty dollars for nurseries carrying more than ten thousand plants, and a mileage charge of twenty cents a mile computed from the respective county inspection office to the nursery.

(b) A nursery inspection fee shall be assessed for each:

(1) Nursery certification and re-certification inspection including burrowing nematode root sampling. An. additional fee shall not be assessed when more than one day is required to complete the inspection and sampling.

(2) Follow-up inspection required to correct deficiencies found in a certification inspection and an inspection to remedy out-of-state rejections for quarantine pests. A fee shall be charged for each day or fraction of a day required for the inspection.

History

[Eff. JUL 13 1981] (Auth: HRS §§ 141-5, 150A-9) (Imp: HRS § 150A-23)

Haw. Code R. § 4-73-9 Burrowing nematode testing fee

(a) A fee for a burrowing nematode laboratory test on plants submitted at the inspection office shall be two dollars for each group of six plants or fraction thereof. Plants submitted in excess of ninety-six plants by any individual may. be combined into composite samples of five plants and tested at the rate of two dollars for each group of six composite samples or fraction thereof.

(b) Root samples from certified nursery plants submitted for testing in conjunction with nursery certification or re-certification inspection may be grouped in a composite sample and tested at the rate of two dollars for each thirty plants or fraction thereof. Any number of root cuttings may be combined for each composite sample but the fee shall apply regardless of the number of composite samples tested.

History

[Eff. JUL 13 1981] (Auth: HRS §§ 141-5, 150A-9) (Imp: HRS § 150-22)

Haw. Code R. § 4-73-10 Export fumigation fees

(a) A fee for export fumigation shall be for each lot two dollars for vault use and an additional charge of twenty cents for each cubic foot with no proration of fees.

(b) A fee for unscheduled fumigation shall be for each lot two dollars for vault use and an additional charge of twenty cents per cubic foot for thirty percent volume capacity of the vault or tank in use with no proration of fees.

(c) For unscheduled fumigation requiring the services of personnel beyond normal office hours, an additional fee shall be assessed which shall include applicable charges for overtime wages, fixed charges for personnel services, and meals.

History

[Eff. JUL 13 1981] (Auth: HRS §§ 141-5, 150A-9) (Imp: HRS § 150A-22)

Subtitle 7 DIVISION OF MEASUREMENT STANDARDS

Chapter 86 BRAKE FLUIDS, COOLANTS, PETROLEUM PRODUCTS, AND AFTER-MARKET ADDITIVES (REPEALED)

Haw. Code R. § 4-86-1 Severability (Repealed)

History

[Eff. 12/26/81] (Auth: HRS § 486-9) (Imp: HRS § 486-9)

Haw. Code R. § 4-86-2 Violation (Repealed)

History

[Eff 12/26/81] (Auth: HRS §§ 486-9, 486D-5) (Imp: HRS §§ 486-21, 486-9, 486-16, 486-27, 486-30, 486D-5, 486D-6)

Haw. Code R. § 4-86-3 Applicability (Repealed)

History

[Eff. 12/26/81] (Auth: HRS §§ 486-9, 486D-5) (Imp: HRS §§ 486-2, 486-11, 486-13, 486-14, 486-15, 486-18, 486-19, 486-20, 486-22, 486-23, 486-24, 486-25, 486-26, 486-26.5, 486-27, 486D-2, 486D-3, 486D-7)

Haw. Code R. § 4-86-4 Definitions (Repealed)

History

[Eff 12/26/81] (Auth: HRS §§ 486-9, 486D-5) (Imp: HRS §§ 486-1, 486-2, 486-9, 486-11, 486-14, 486-15, 486-18, 486-19, 486-20, 486-22, 486-23, 486-24, 486-25, 486-26.5, 486-27, 486D-3, 486D-4, 486D-5, 486D-7)

Haw. Code R. § 4-86-5 Registration required (Repealed)

History

[Eff 12/26/81] (Auth: HRS §§ 486-9, 486D-5) (Imp: HRS §§ 486-9, 486D-5)

Haw. Code R. § 4-86-6 Specialty additive claims, substantiation (Repealed)

History

[Eff. 12/26/81] (Auth: HRS §§ 486-9, 486D-5) (Imp: HRS §§ 486-9, 486-13, 486-19, 486-20, 486-22, 486-23, 486-24, 486-26.5, 486D-5)

Haw. Code R. § 4-86-7 Compliance with advertising or labeled claims (Repealed)

History

[Eff 12/26/81] (Auth: HRS §§ 486-9, 486D-5) (Imp: HRS §§ 486-1, 486-2, 486-9, 486-13, 486-14, 486-15, 486-18, 486-19, 486-20, 486-22, 486-23, 486-24, 486-25, 486-26.5, 486D-5)

Haw. Code R. § 4-86-8 Disposal of noncomplying products (Repealed)

History

[Eff. 12/26/81] (Auth: HRS §§ 486-2, 486-9, 486D-5) (Imp: HRS §§ 486-9, 486-13, 486-14, 486-15, 486-18, 486-19, 486-20, 486-22, 486-23, 486-24, 486-26.5, 486D-3, 486D-4, 486D-5)

Haw. Code R. § 4-86-9 Misrepresentation prohibited (Repealed)

History

[Eff. 12/26/81] (Auth: HRS §§ 486-9, 486D-5) (Imp: HRS §§ 486-2, 486-9, 486-13, 486-14, 486-19, 486-20, 486-21, 486-22, 486-23, 486-24, 486-25, 486-26.5, 486D-3, 486D-5, 486D-7)

Haw. Code R. § 4-86-10 Specifications for petroleum products (Repealed)

History

[Eff 12/26/81] (Auth: HRS §§ 486-9, 486D-5) (Imp: HRS §§ 486-1, 486-2, 486-9, 486-11, 486-13, 486-14, 486-15, 486-18, 486-19, 486-20, 486-22, 486-23, 486-24, 486-25, 486-26, 486-26.5, 486-27, 486D-3, 486D-5)

Haw. Code R. § 4-86-11 Brake fluid (Repealed)

History

[Eff. 12/26/81] (Auth: HRS §§ 486-9, 486D-5) (Imp: HRS §§ 486-1, 486-2, 486-9, 486-11, 486-13, 486-14, 486-15, 486-18, 486-19, 486-20, 486-22, 486-23, 486-24, 486-25, 486-26, 486-26.5, 486-27, 486D-3, 486D-5)

Haw. Code R. § 4-86-12 Automotive antifreeze coolants and coolants (Repealed)

History

[Eff. 12/26/81] (Auth: HRS §§ 486-9, 486D-5) (Imp: HRS §§ 486-1, 486-2, 486-9, 486-11, 486-13, 486-14, 486-15, 486-18, 486-19, 486-20, 486-22, 486-23, 486-24, 486-25, 486-26, 486-26.5, 486-27, 486D-3, 486D-5)

Haw. Code R. § 4-86-13 Lubricants (Repealed)

History

[Eff. 12/26/81] (Auth: HRS §§ 486-9, 486D-5) (Imp: HRS §§ 486-1, 486-1, 486-9, 486-11, 486-13, 486-14, 486-15, 486-18, 486-19, 486-20, 486-22, 486-23, 486-24, 486-25, 486-26, 486-26.5, 486-27, 486D-3, 486D-5)

Haw. Code R. § 4-86-14 Hawaii standard petroleum measurement tables (Repealed)

History

[Eff. 12/26/81] (Auth: HRS §§ 486-9, 486D-5) (Imp: HRS §§ 486-9, 486D-3, 486D-4, 486D-5)

Haw. Code R. § 4-86-15 Stay or delay of requirements (Repealed)

History

[Eff. 12/26/81] (Auth: HRS §§ 486-9, 486D-5) (Imp: HRS §§ 486-9, 486D-3, 486D-5)

Chapter 87.1 VOLUNTARY REGISTRATION OF SERVICE PERSONS OR SERVICE AGENCIES

Haw. Code R. § 4-87.1-1 Severability

If any provision of this chapter is held invalid, the invalidity shall not affect the remainder of this chapter and, to this end, the provisions of this chapter are severable.

History

[Eff APR 25 2009] (Auth: HRS § 486-7) (Imp: HRS § 486-7)

Haw. Code R. § 4-87.1-2 Violations

(a) It shall be a violation of this chapter for any person to:

(1) Use for any purpose a measure or measurement standard which has not been certified as required under section 4-87.1-13;

(2) Install or return to service any measure or measurement standard which has not been approved as to type by the administrator;

(3) Install or return to service any measure or measurement standard which does not comply with all requirements of this chapter;

(4) Affix a seal to a measure until the measure has been tested and found to comply with all requirements of this chapter;

(5) Fail to properly execute and submit to the administrator the placed-in-service report required under section 4-87.1-12;

(6) Adjust any measure to other than as closely as practicable to zero error or make any adjustment that would favor any party;

(7) Fail to submit measurement standards and measures for examination and certification as required under section 4-87.1-13.

(b) Any person who omits the required acts or commits the proscribed acts of this chapter shall be in violation of this chapter and subject to the provisions of chapter 486, Hawaii Revised Statutes.

History

[Eff APR 25 2009] (Auth: HRS § 486-7) (Imp: HRS § 486-7)

Haw. Code R. § 4-87.1-3 Applicability

This chapter applies to any person who, for consideration or payment of any kind, alters the state of any component of a measure or measurement standard or its performance, and who voluntarily registers with the administrator.

History

[Eff APR 25 2009] (Auth: HRS § 486-7) (Imp: HRS § 486-7)

Haw. Code R. § 4-87.1-4 Definitions

As used in this chapter:

"Acceptance tolerance" establishes limits of inaccuracy permissible for measures susceptible of commercial usage. Acceptance tolerance applies to a new or newly overhauled or newly installed or adjusted measure, and is smaller than the maintenance tolerance, usually by one-half.

"Administrator" means the administering officer of the quality assurance division, or any qualified person so designated by the chairperson of the board of agriculture.

''Certificate of conformance" means a document issued by the National Institute of Standards and Technology based on testing in participating laboratories and constitutes evidence of conformance of a type with the requirements of the National Institute of Standards and Technology Handbook 44, 105-1, 105-2, or 105-3.

"Department" means the department of agriculture.

"Maintenance tolerance" establishes the limits of inaccuracy within which measures susceptible of commercial usage shall perform, and beyond which the use of such measure becomes unlawful. The maintenance tolerance applies to measures which have been in use for more than thirty days.

"Measure" includes all measures of every kind, including but not limited to weight, mass, length, volume, time, and count; instruments and devices for weighing, measuring, or counting; and appliances and accessories associated with any such instruments and devices.

"Measurement standards" includes any standard, definition, model, reference, or measurement relating to metrology including but not limited to weights and measures, artifacts, and reproducible definitions of a unit of measure and their applicable tolerances including those of the International Standards, and definitions of a lot size, sample, and tolerances as related to statistical inspection.

"Registered service person" means a person who, for consideration or payment of any kind, alters the state of any component of a measure or measurement standard or its performance, and who voluntarily registers with the administrator.

"Seal" means the sign, symbol, or object placed upon a measure to indicate that it has been inspected and tested by the administrator or registered service person and found to be in compliance with all applicable requirements.

"Susceptible of commercial usage" includes persons, things, actions, including governmental agencies, involved in establishing the net, gross, or tare measure, cost, or value of any part, portion, or proration of the total, as it may be used in the quantification or measurement of anything impacting upon salary or wages, commerce or trade, or their documentation, including the establishing of a basis for taxes due.

History

[Eff APR 25 2009] (Auth: HRS § 486-7) (Imp: HRS § 486-7)

Haw. Code R. § 4-87.1-5 Incorporation of federal general code

National Institute of Standards and Technology HANDBOOK 44 2008 Edition is incorporated in and made a part of this chapter.

History

[Eff APR 25 2009] (Auth: HRS § 486-7) (Imp: HRS § 486-7)

Haw. Code R. § 4-87.1-6 Qualifications

A service person who is able to satisfactorily demonstrate the following qualifying abilities may apply to the administrator for registration:

(1) Is fully qualified to install, service, repair, relocate, or recondition a measure;

(2) Has a thorough working knowledge of applicable measurement standards laws, rules, procedures, and orders; and

(3) Has possession of, or available for use, measurement standards or measures appropriate in design, adequate in amount, and currently certified as correct by the administrator.

History

[Eff APR 25 2009] (Auth: HRS § 486-7) (Imp: HRS § 486-7)

Haw. Code R. § 4-87.1-7 Reciprocity

The administrator may accept a certificate of registration from an individual or a representative of a service agency from another state which is a party to a similar voluntary registration program.

History

[Eff APR 25 2009] (Auth: HRS § 486-7) (Imp: HRS § 486-7)

Haw. Code R. § 4-87.1-8 Voluntary registration

A person may apply for registration by using the form supplied by the department. This form, when fully executed and signed, shall entitle the applicant to demonstrate knowledge and ability regarding the measure and laws governing that measure cited on the application form, to the administrator. The demonstration shall include technical competence in standard tests and standard methods prescribed for the measure.

History

[Eff APR 25 2009] (Auth: HRS § 486-7) (Imp: HRS § 486-7)

Haw. Code R. § 4-87.1-9 Certificate of registration; fee

(a) Upon a person's satisfactory demonstration of qualifying ability, technical competence, and thorough knowledge of applicable legal requirements, the administrator shall issue a certificate of registration as provided by the department, including a unique identification number, which shall remain in effect until withdrawn by the administrator or surrendered by the registered service person.

(b) For each certificate of registration, a fee of $ 100 shall be paid to the department for a period of validity from July 1 to midnight of the following June 30.

(c) A renewal fee of $100 shall be paid to the department for a period of validity from July 1 to midnight of the following June 30.

(d) Payment of the renewal fee after July 1, but prior to the following June 30, shall result in an additional late fee of $25.00 per quarter.

(e) Failure to pay the renewal fee for each certificate of registration will result in forfeiture of the certificate of registration. The certificate of registration will be forfeited as of July 1 if the renewal fee is not received, but will be reinstated if the renewal fee is received in addition to the late fee. One year after the forfeiture of registration without renewal, the registered service person must reapply for a new certificate of registration in accordance with section 4-87.1-6 and this section.

History

[Eff APR 25 2009] (Auth: HRS § 486-7) (Imp: HRS § 486-7)

Haw. Code R. § 4-87.1-10 Privilege of registered service person

A registered service person may place in service, or remove an official state rejection tag and return to service, any device that complies with chapter 4-101, by applying thereon a seal supplied by the administrator, subject to section 4-87.1-2(b).

History

[Eff APR 25 2009] (Auth: HRS § 486-7) (Imp: HRS § 486-7)

Haw. Code R. § 4-87.1-11 Follow-up investigations

The administrator shall as often as deemed necessary, periodically check the effectiveness of the registered service person by follow-up investigations and tests in accord with the applicable specifications, tolerances, and other technical requirements for measures and measurement standards, as appropriate. When a follow-up is made within thirty days of the date identified on the placed-in-service report cited under section 4-87.1-12, the administrator shall apply acceptance tolerances in the investigation. A follow-up beyond thirty days of the date identified on the placed-in-service report shall result in the administrator applying maintenance tolerances in the investigation.

History

[Eff APR 25 2009] (Auth: HRS § 486-7) (Imp: HRS § 486-7)

Haw. Code R. § 4-87.1-12 Placed-in-service reports

(a) The administrator shall furnish each registered service person with a supply of placed-in-service report forms as supplied by the department. The registered service person shall type or print the required information on the report, including:

(1) The owner of the device;

(2) The location of the device;

(3) The identification number of the registered service person;

(4) The rejection tag number, if any;

(5) The date the device was returned to or initially placed in service;

(6) The standard test or standard method used to determine compliance and certification; and

(7) The certificate of conformance number of the device.

(b) The report shall be executed as follows:

(1) The original, after being countersigned by an agent of the owner or operator, shall be retained by the person countersigning;

(2) A copy shall be forwarded to the administrator within seventy-two hours of installation or return of the device to service, along with any rejection tag removed from the device; and

(3) A copy shall be retained by the registered service person.

(c) Failure to submit a placed-in-service report to the administrator within seventy-two hours of installation or return to service of a device shall result in a late fee of $25.00 per violation. Failure to submit the $25.00 late fee, in addition to the placed-in-service report, to the administrator within thirty days of installation or return to service of a device shall result in revocation of certificate of registration.

History

[Eff APR 25 2009] (Auth: HRS § 486-7) (Imp: HRS § 486-7)

Haw. Code R. § 4-87.1-13 Correct measurement standards and measures; fee

(a) Each registered service person shall submit, prior to use, and when annually scheduled or deemed necessary by the administrator for examination and certification, measurement standards and measures over which that person exercises custodial control, and which are susceptible of use in performance of the required service and testing functions cited herein.

(b) Registered service persons who are owner(s) of the measurement standards and measures submitted to the administrator shall follow the same procedures for examination and certification as established by the administrator.

(c) For measurement standards and measures submitted to the administrator for examination and certification, a fee shall be paid as prescribed in Table II, Schedule of Calibration Fees, of chapter 4-96.1.

History

[Eff APR 25 2009] (Auth: HRS § 486-7) (Imp: HRS § 486-7)

Haw. Code R. § 4-87.1-14 Revocation of certificate of registration

In addition to the provisions of chapter 486, Hawaii Revised Statutes, the administrator may, for actions contrary to the requirements of this chapter, suspend or revoke a certificate of registration. The registered service person shall be notified of the suspension or revocation by registered mail. Upon notification, the registered service person shall immediately lose all privileges under section 4-87.1-10, and shall have twenty business days to correct any actions contrary to the requirements of this chapter to the satisfaction of the administrator. Once the administrator is satisfied that all actions contrary to the requirements of this chapter are corrected, the certificate of registration may be reinstated.

History

[Eff APR 25 2009] (Auth: HRS § 486-7) (Imp: HRS § 486-7)

Haw. Code R. § 4-87.1-15 Limited authority

This chapter confers limited quasi-measurement standard inspector authority upon a certified registered service person; however, certification in no way obligates or creates any liability on the part of the administrator, arising from any true or alleged improper, imprudent, unsound, unlawful, or illegal act of a registered service person.

History

[Eff APR 25 2009] (Auth: HRS § 486-7) (Imp: HRS § 486-7)

Chapter 89 MEASUREMASTERS

Haw. Code R. § 4-89-1 Applicability

This chapter applies to any person who engages in public weighing.

History

[Eff. 8/21/93] (Auth: HRS §§ 486-7, 486-132) (Imp: HRS § 486-133)

Haw. Code R. § 4-89-2 Definitions

As used in this chapter:

"Certificate" means a certificate of measure, issued in compliance with chapter 486, HRS.

History

[Eff. 8/21/93] (Auth: HRS §§ 486-7, 486-132) (Imp: HRS §§ 486-131, 486-132, 486-133, 486-134, 486-135, 486-136, 486-137)

Haw. Code R. § 4-89-3 Qualifications for measuremaster

Authorization to act as a public measuremaster shall be issued by the administrator in the form of a license. To qualify for a license, a person must:

(1) Be able to weigh or measure accurately;

(2) Be able to execute certificates correctly; and

(3) Have reached the age of majority.

History

[Eff. 8/21/93] (Auth: HRS §§ 486-7; 486-132) (Imp: HRS §§ 486-133, 486-134, 486-135)

Haw. Code R. § 4-89-4 License application; evaluation of qualifications of applicants

Using a form provided by the administrator, the applicant for a license as a public measuremaster shall furnish evidence that the applicant has the qualifications required by section 4-89-3. The administrator shall determine the qualifications of the applicant based on:

(1) The information provided on the application;

(2) Supplementary information, if needed, as determined by the administrator; and

(3) Results of an examination that shows the applicant has the requisite knowledge to perform the duties of a measuremaster in accordance with this chapter.

History

[Eff. 8/21/93] (Auth: HRS §§ 486-7, 486-132) (Imp: HRS §§ 486-133, 486-134, 486-135)

Haw. Code R. § 4-89-5 License fee required; period of validity

Before the issuance of a new license or renewal of a license as a measuremaster, a license fee must be paid to the administrator.

(1) For a renewed license, the annual fee shall be $100 and the period of validity shall be from July 1 to midnight of the following June 30. Failure to remit the renewal fee shall result in forfeiture of the measuremaster's license as of midnight on June 30. A forfeited license may be reinstated upon payment of the fee, if the fee is paid within two years of the date of forfeiture. After two years, the person must reapply for a new license in accordance with § 4-89-4.

(2) For a newly issued license, the fee shall be as follows:

(A) If the license is issued during the period from July 1 through September 30, the fee shall be $100.

(B) If the license is issued during the period from October 1 through December 31, the fee shall be $75.

(D) If the license is issued during the period from April 1 through June 30, the fee shall be $25.

For a newly issued license, the period of validity shall be from the date that the license fee is paid until midnight of the following June 30.

(3) Any existing measuremaster license that is valid on the effective date of this chapter shall remain valid until the next renewal date.

License fees are non-refundable and non-transferable.

History

[Eff 8/21/93] (Auth: HRS §§ 486-7, 486-132) (Imp: HRS § 486-132)

Haw. Code R. § 4-89-6 Exemptions from licensing and fee requirements

(a) Division of measurement standards personnel are exempt from the licensing and fee requirements of this chapter.

(b) The administrator may exempt from the license fee and annual renewal fee employees of the state who, in all other aspects, comply with the provisions of this chapter and who, within the scope of their government employment, are required to perform the functions or duties of a measuremaster.

History

[Eff. 8/21/93] (Auth: HRS §§ 486-7, 486-132) (Imp: HRS §§ 486-132, 486-134)

Haw. Code R. § 4-89-7 Display of measuremaster license upon request

A measuremaster's license shall be available for display upon demand by an inspector or any person who is a recipient or prospective recipient of services performed by the measuremaster.

History

[Eff. 8/21/93] (Auth: HRS §§ 486-7, 486-132) (Imp: HRS § 486-132)

Haw. Code R. § 4-89-8 Measurement practices; equipment used

(a) A measuremaster shall use measurement practices and equipment that are in compliance with chapter 4-101, Hawaii Administrative Rules.

(b) A measuremaster shall not weigh a vehicle or combination of vehicles when part of the vehicle or connected combination is not resting fully, completely, and as one entire unit on the scale. When weighing a combination of vehicles that will not rest fully, completely, and as one complete unit on the scale platform,

(1) The combination shall be disconnected and weighed in single drafts; and

(2) The weights of the single drafts may be combined in order to issue a single certificate for the combination, provided that the certificate indicates that the total represents a combination of single draft weighings.

History

[Eff 8/21/93] (Auth: HRS §§ 486-7, 486-132) (Imp: HRS § 486-132)

Haw. Code R. § 4-89-9 Certificate; required entries

The information to be furnished on a certificate of measure shall include the following:

(1) The name and license number of the measuremaster;

(2) The kind of commodity weighed, measured, or counted;

(3) The name of the owner, agent, or consignee of the commodity;

(4) The name of the recipient of the commodity, if applicable;

(5) The date the certificate is issued;

(6) The consecutive number of the certificate;

(7) The identification, including the identification number, if any, of the carrier transporting the commodity, and the identification number or license number of the vehicle;

(8) Other information needed to distinguish or identify the commodity from a like kind;

(9) The number of units of the commodity, if applicable;

(10) The measure of the commodity, if applicable;

(11) The weight of the commodity and the vehicle or container, if applicable, broken down as follows:

(A) The gross weight of the commodity and the associated vehicle or container;

(B) The tare weight of the unladened vehicle or container; or

(12) The signature of the measuremaster who determined the weight, measure, or count; and

(13) A statement to the effect that the measurement was performed by a measuremaster licensed by the State of Hawaii.

History

[Eff. 8/21/93] (Auth: HRS §§ 486-7, 486-132) (Imp: HRS § 486-132)

Haw. Code R. § 4-89-10 Certificate; execution, requirements

(a) When filling out a certificate, a measuremaster shall:

(1) Enter the measurement values to clearly show that the measurements were actually determined; and

(2) Enter only the measurement values personally determined.

(b) If the certificate provides for entries of gross, tare, or net, the measuremaster shall:

(1) Strike out or otherwise cancel the printed entries for the value not determined; or

(2) Enter the scale and date on which the values were determined on the certificate if the values were not determined on the same scale or on the same date shown on the certificate.

History

[Eff 8/21/93] (Auth: HRS §§ 486-7, 486-132) (Imp: HRS § 486-132)

Haw. Code R. § 4-89-11 Copies of certificates

(a) One copy of the certificate of measure shall be given to the person who is the recipient of the measurement services.

(b) A public measuremaster shall keep and preserve a legible copy of each certificate issued for six months after the date of the certificate. In the case of a computerized system that automatically records the information required to be on a certificate or that is directly entered from a keyboard or other input device, the computer log or file shall be kept for six months after the date of the certificate. The certificates, log, or file shall be available for inspection by the administrator or the administrator's designee during normal office hours.

History

[Eff. 8/21/93] (Auth: HRS §§ 486-7, 486-132) (Imp: HRS § 486-132)

Haw. Code R. § 4-89-12 Violations

Any person who engages in a practice which does not comply with the requirements of this chapter shall be in violation of this chapter.

History

[Eff. 8/21/93] (Auth: HRS § 486-7) (Imp: HRS §§ 486-32, 486-33, 486-36, 486-53, 486-136)

Haw. Code R. § 4-89-13 Severability

If any provision of this chapter is held invalid, the invalidity shall not affect the remainder and, to this end, the provisions of this chapter are severable.

History

[Eff. 8/21/93] (Auth: HRS §§ 486-7, 486-132) (Imp: HRS § 486-132)

Chapter 91 UNIT PRICING OF CONSUMER COMMODITIES

Haw. Code R. § 4-91-1 Severability

If any provision of this chapter is held invalid, the invalidity shall not affect the remainder of this chapter and, to this end, the provisions of this chapter are severable.

History

[Eff. 12/26/81] (Auth: HRS § 486-9) (Imp: HRS § 486-9)

Haw. Code R. § 4-91-2 Violation

Any person omitting the required acts or committing the proscribed acts, or who supplies or offers for sale a commodity which is not in full compliance with the requirements of this chapter, shall be in violation of this chapter and subject to the privisons of chapter 486, Hawaii Revised Statutes.

History

[Eff. 12/26/81] (Auth: HRS § 486-9) (Imp: HRS §§ 486-9, 486-16, 486-30)

Haw. Code R. § 4-91-3 Applicability

This chapter applies to the unit pricing of consumer commodities offered for retail sale:

(1) As mandated by section 486-21, Hawaii Revised Statutes;

(2) To packages of which the net measure is standardized by industry practice or rule of the director;

(3) To packages of which the unit price is voluntarily displayed by the retailer; and

(4) To the unit of measure to be employed in each program.

History

[Eff 12/26/81] (Auth: HRS § 486-9) (Imp: HRS §§ 486-9, 486-20, 486-21)

Haw. Code R. § 4-91-4 Method of unit pricing

The commodities listed herein shall bear the price per single unit of measure as prescribed:

| Commodity | Program | Unit of Price | | --- | --- | --- | | (1) Candy | voluntary | per pound or ounce | | (2) Cereals | voluntary | per pound or ounce | | (3) Cheese, natural and processed | mandatory | per pound | | (4) Coffee, tea and cocoa | voluntary | per pound or ounce | | (5) Cookies and crackers | voluntary | per pound or ounce | | (6) Cooking oils and shortening | voluntary | per quart, fluid ounce, pound, or ounce | | (7) Deodorants, personal | voluntary | per ounce | | (8) Dry detergents, soap powder | voluntary | per pound or ounce and household | | (9) Foil, film and other rolls of wrapping (except gift wrap) | voluntary | per fifty square feet | | (10) Fruits and vegetables (Provided that any display involving "per/each" as a unit price, must contain only produce of a given size and grade, so as to facilitate value comparison) | mandatory | per pound or individual unit | | (11) Fruit and vegetable juices and drinks | voluntary | per quart or fluid ounce | | (12) Hair preparations | voluntary | per ounce | | (13) Jams, jellies, preserves and peanut butter | voluntary | per pound or ounce | | (14) Liquid detergents, household cleaners and disinfectants | voluntary | per quart of fluid ounce | | (15) Liquid soups and condensed liquid soups | voluntary | per pound or quart | | (16) Meat, poultry, and seafood | mandatory | per pound | | (17) Pet food | voluntary | per pound | | (18) Relishes and condiments | voluntary | per pound or ounce | | (19) Rice | voluntary | per pound | | (20) Salad dressing | voluntary | per quart of fluid ounce | | (21) Sanitary paper products | voluntary | per fifty square feet or, if by count, per unit; including ply | | (22) Shaving preparations voluntary per ounce | | | | (23) Soft drinks | voluntary | per quart or fluid ounce | | (24) Syrups, table and topping | voluntary | per pound or quart or fluid ounce | | (25) Toilet water and colognes | voluntary | per ounce | | (26) Toothpaste | voluntary | per ounce |

History

[Eff. 12/26/81] (Auth: HRS § 486-9) (Imp: HRS §§ 486-9, 486-19, 486-21)

Haw. Code R. § 4-91-5 Exemptions

Any commodity listed under § 4-91-4 shall be exempt when:

(1) Packaged in quantities of less than one ounce (avoirdupois or fluid); or

(2) The total retail price is less than ten cents; or

(3) There is only one brand in only one size appearing in a particular establishment.

History

[Eff. 12/26/81] (Auth: HRS § 486-9) (Imp: HRS §§ 486-9, 486-19, 486-21)

Haw. Code R. § 4-91-6 Pricing

The unit price information shall be displayed to at least the nearest tenth of one cent when less than one dollar, and to the nearest cent when a dollar or more.

History

[Eff. 12/26/81] (Auth: HRS § 486-9) (Imp: HRS §§ 486-9, 486-11, 486-25)

Haw. Code R. § 4-91-7 Presentation of price

(a) In any retail establishment in which unit price information is provided in accordance with the provisions of this section, the information may be displayed by means of:

(1) A sign which offers the unit price for one or more brands or sizes of a given commodity; or

(2) A sticker, stamp, sign, label, or tag, affixed to the shelf upon which the commodity is displayed; and

(3) A sticker, stamp, sign, label, or tag, affixed to the consumer commodity itself.

(b) If a single sign or tag does not provide the unit price information for more than one brand or size of a given commodity, then the following information shall be provided:

(1) The identity;

(2) The brand name;

(3) The quantity of the packaged commodity if more than one package size per brand is displayed;

(4) The total sale price; and

(5) The price per appropriate unit, in accordance with § 4-91-4.

(c) Where a sign providing unit price information for one or more sizes or brands of a given commodity is used, the sign shall be located centrally as close as practical to all items to which the sign refers, and the unit price information displayed thereon shall be presented in a clear, distinct, and non-deceptive manner.

History

[Eff 12/26/81] (Auth: HRS § 486-9) (Imp: HRS §§ 486-9, 486-21, 486-25)

Chapter 93 PACKAGING AND LABELING

Haw. Code R. § 4-93-1 Definitions

As used in this chapter,

(1) "Island fresh logo" means the design created by the state department of agriculture and registered with the state department of commerce and consumer affairs and consisting of the words "island fresh" in conjunction with a design of a happy, smiling flower.

History

[Eff. 8/21/93] (Auth: HRS §§ 486-7, 486-120) (Imp: HRS § 486-120)

Haw. Code R. § 4-93-2 Packaging and labeling; requirements

(a) The National Institute of Standards and Technology handbook 130, 1993 edition, entitled "Uniform Laws and Regulations," part IV, section A, entitled "Uniform Packaging and Labeling Regulation," is hereby adopted for use by the division of measurement standards with the following amendments:

(1) To section 11.30, entitled "Fishing Lines and Reels," is added, "In addition, fishing lines shall state the test of the line in pounds."

(2) Section 14, entitled " Revocation of Conflicting Regulations," is deleted.

(3) Section 15, entitled "Effective Date," is deleted.

(b) Any person who manufactures, produces, packs, keeps, offers, exposes for sale, or sells any package shall meet the requirements as specified in subsection 4-93-2(a) and all other requirements as specified in this chapter.

History

[Eff 8/21/93] (Auth: §§ 486-7, 486-118) (Imp: HRS §§ 486-111, 486-112, 486-113, 486-114, 486-115, 486-116, 486-118, 486-121)

Haw. Code R. § 4-93-3 Use of the terms "net" or "net contents"

The terms "net" or "net contents" may be used with the declaration of quantity when stating the net liquid quantity of contents in terms of net fluid measure.

History

[Eff. 8/21/93] (Auth: HRS § 486-7) (Imp: HRS § 486-110)

Haw. Code R. § 4-93-4 Milk, locally produced; special requirements

Any processed milk or milk product that has been at least ninety per cent, by weight, produced in the State shall, in addition to all other labeling requirements, meet one of the following additional requirements:

(1) Have a statement conspicuously displayed on the principal display panel that states "island fresh" printed in bold face or other distinctive type and having a minimum type size as required in § 4-93-4(4); or

(2) Display on the principal display panel a term similar to "island fresh" that conveys freshness due to being produced within the State. The statement shall be printed in bold face or other distinctive type and shall have a minimum type size as required in § 4-93-4(4) and shall be approved for use by the administrator. A written request for approval shall be made to the administrator before actual use; or

(3) Display on the principal display panel the "Island Fresh" logo in a size not less than the size required in § 4-93-4(4).

(4) The height of any letter or logo shall not be less than that shown in table I, below, with respect to the area of the principal display panel:

| Table I. Minimum Height of Letters and Size of Logo | | | | --- | --- | --- | | Area (Square Inches) | Minimum Height of Letters | Minimum Size of Logo | | 10 and less | 1/16 inch | 7/16 inch | | Greater than 10 and less than or equal to 25 | 1/8 inch | 7/8 inch | | Greater than 25 | 3/16 inch | 1 inch |

History

[Eff 8/21/93] (Auth: §§ 486-7, 486-118) (Imp: HRS §§ 486-118, 486-120)

Haw. Code R. § 4-93-5 Fresh produce

(a) A placard label may be used at retail level to advertise or label fresh produce. The product shall be deemed in compliance with this chapter if it is labeled by placard in a prominent and conspicuous manner and in lettering at least three-eighths of an inch in height, stating:

(1) Identity of the produce;

(2) Unit price per measure;

(3) Net weight; and

(4) Retail sale price.

The net weight and retail sale price may be omitted from the placard when it is to be determined by weighing at the time of checkout.

(b) Fresh produce of non-uniform weight or size shall, when such non-uniformity might tend to impair value comparisons, be offered for sale, at retail level, on a net weight basis.

History

[Eff. 8/21/93] (Auth: HRS § 486-7) (Imp: HRS §§ 486-110, 486-111, 486-112, 486-114, 486-115)

Haw. Code R. § 4-93-6 Ethnic food products

Any packaged commodity that is a food product characteristic of any existing ethnic group and which is manufactured or produced exclusively for intrastate sale or consumption shall be exempt from the English language requirements of sections 8.1 and 9.1 of National Institute of Standards and Technology handbook 130, 1993 edition; provided, that the package is labeled with a name or phrase in the romanized form of the language of that ethnic group which is descriptive of that food product.

History

[Eff. 8/21/93] (Auth: HRS § 486-7) (Imp: HRS § 486-111)

Haw. Code R. § 4-93-7 Fertilizer

Fertilizer, plant food and plant nutrient shall, in addition to all other requirements of this chapter, bear a clear, prominent and factual statement of available nitrogen, phosphorus and potassium content, in per cent of weight. This declaration may be identified as "NPK" and shall be part of the identity statement.

History

[Eff 8/21/93] (Auth: HRS § 486-7) (Imp: HRS § 486-111)

Haw. Code R. § 4-93-8 Advertising

Whenever a consumer commodity is advertised for sale, it shall not be misrepresented nor shall it be presented in a manner tending to deceive an actual or prospective purchaser.

(1) When a price is included in the advertisement, there shall be in close proximity to the price and conspicuously associated with it, a declaration of net quantity that the purchaser shall receive for the price advertised;

(2) When the amount of the advertised consumer commodity is limited as to physical supply, the advertisement shall reflect that limit of supply.

(3) When a consumer commodity is limited as to the individual units a consumer may purchase, the advertisement shall reflect that limit of purchase.

(4) When the retail establishment reserves the right to withhold sales to commercial entities, the advertisement shall reflect that reservation.

History

[Eff. 8/21/93] (Auth: HRS § 486-7) (Imp: HRS §§ 486-111, 486-114, 486-118)

Haw. Code R. § 4-93-9 Multipurpose-type labeling

Multipurpose-type labels, which include multi-identity, multi-quantity and multi-style, are prohibited for consumer packages, except as provided by federal or state law.

History

[Eff. 8/21/93] (Auth: HRS § 486-7) (Imp: HRS §§ 486-111; 486-118)

Haw. Code R. § 4-93-10 Package checking procedure

The National Institute of Standards and Technology handbook entitled "NBS Handbook 133, third edition, Checking the Net Contents of Packaged Goods," and its supplements, NIST handbook 133, third edition, supplement 1; NIST handbook 133, third edition, supplement 2; and NIST handbook 133, third edition, supplement 3, are hereby adopted for use by the division of measurement standards as the procedures for compliance testing of net contents statements on packaged goods.

History

[Eff. 8/21/93] (Auth: HRS § 486-7) (Imp: HRS § 486-117)

Haw. Code R. § 4-93-11 Violations

Any person who engages in a practice which does not comply with the requirements of this chapter shall be in violation of this chapter.

History

[Eff 8/21/93] (Auth: HRS § 486-7) (Imp: HRS § 486-32)

Haw. Code R. § 4-93-12 Severability

If any provision of this chapter is held invalid, the invalidity shall not affect the remainder and, to this end, the provisions of this chapter are severable.

History

[Eff. 8/21/93] (Auth: HRS § 486-7) (Imp: HRS §§ 486-7, 486-37)

Chapter 94 METHOD OF SALE OF COMMODITIES

Haw. Code R. § 4-94-1 Definitions

As used in this chapter,

"Octane rating label" means a label displaying the minimum octane rating of a gasoline.

History

[Eff. 8/21/93] (Auth: HRS §§ 486-7, 486-110) (Imp: HRS §§ 486-50, 486-110)

Haw. Code R. § 4-94-2 Method of sale; requirements

(a) The National Institute of Standards and Technology handbook 130, 1993 edition, entitled "Uniform Laws and Regulations," part IV, section B, entitled "Uniform Regulation for the Method of Sale of Commodities," is hereby adopted for use by the division of measurement standards with the following amendments:

(1) Section 4, entitled "Revocation of Conflicting Regulations," is deleted.

(2) Section 5, entitled "Effective Date," is deleted.

(b) Any person who manufactures, produces, packs, keeps, offers, exposes for sale, or sells any package shall meet the requirements as specified in subsection 4-94-2(a) and all other requirements as specified in this chapter.

History

[Eff. 8/21/93] (Auth: HRS § 486-7) (Imp: HRS §§ 486-7, 486-51, 486-110)

Haw. Code R. § 4-94-3 Canned abalone and concholepas or abalone-like shellfish

Canned abalone and concholepas or abalone-like shellfish, in addition to any other quantity declaration prescribed by law, shall be marketed in terms of drained weight.

History

[Eff. 8/21/93] (Auth: HRS §§ 486-7, 486-110) (Imp: HRS § 486-110)

Haw. Code R. § 4-94-4 Aburage

Aburage shall be marketed in terms of weight.

History

[Eff. 8/21/93] (Auth: HRS §§ 486-7, 486-110) (Imp: HRS § 486-110)

Haw. Code R. § 4-94-5 Honey

Honey shall be marketed in terms of weight.

History

[Eff. 8/21/93] (Auth: HRS §§ 486-7, 486-110) (Imp: HRS § 486-110)

Haw. Code R. § 4-94-6 Konnyaku

Konnyaku shall be marketed in terms of weight.

History

[Eff. 8/21/93] (Auth: HRS § 486-7) (Imp: HRS § 486-110)

Haw. Code R. § 4-94-7 Laulau

Laulau shall be marketed in terms of count.

History

[Eff. 8/21/93] (Auth: HRS §§ 486-7, 486-110) (Imp: HRS § 486-110)

Haw. Code R. § 4-94-8 Nori

Nori, intended for use in making sushi or musubi, shall in addition to any other expression of quantity be marketed in terms of sheet count and size. The sheet size shall be the nominal dimension, plus or minus three-eighths of an inch on a side.

History

[Eff 8/21/93] (Auth: HRS §§ 486-7, 486-110) (Imp: HRS § 486-110)

Haw. Code R. § 4-94-9 Tofu

Tofu shall be marketed in terms of weight.

History

[Eff. 8/21/93] (Auth: HRS §§ 486-7, 486-110) (Imp: HRS § 486-110)

Haw. Code R. § 4-94-10 Packaged soil, sand, gravel, volcanic cinders, woodshavings, crushed rock, compost, soil amendments, shredded hapuu, hapuu chunks, planting mixes or media, chicken or steer manure, redwood bark, and the like

(a) Packaged soil, sand, gravel, volcanic cinders, woodshavings, crushed rock, compost, soil amendments, shredded hapuu, hapuu chunks, planting mixes, chicken or steer manure, redwood bark and other similar media for planting, when packaged in sizes larger than eight dry quarts (one peck), shall be marketed by cubic measure:

(1) In the inch-pound system, by:

(A) One half cubic foot;

(B) Three quarters of a cubic foot;

(D) One and one-half cubic foot; or

(E) A multiple of one cubic foot; and

(2) In the SI, by:

(A) Fifteen litres;

(B) Twenty litres;

(D) Forty-five litres.

(b) A commodity marketed in terms of compressed cubic measurement shall be labeled to reflect the quantity in the compressed state and the quantity from which the final product was compressed, the latter declaration not exceeding the actual amount of material that can be recovered.

History

[Eff. 8/21/93] (Auth: HRS §§ 486-7, 486-110) (Imp: HRS § 486-110)

Haw. Code R. § 4-94-11 Petroleum products, liquid

(a) All petroleum products in the liquid state under atmospheric conditions shall be kept, offered, exposed for sale, or sold in terms of U.S. petroleum gallons or compatible SI litres.

(b) All metered sales by the gallon or litre, except those using meters with a maximum rated capacity of twenty-five gallons per minute or less, shall be accomplished by use of a meter and device that automatically compensates for temperature.

(c) Whenever a partial compartment or partial tank truck load is delivered, it shall be delivered through a meter that meets the requirements specified in chapter 4-101, Hawaii Administrative Rules.

(d) Tank markers shall not be used as a means for determining the quantity of product delivered into or from a vehicle tank truck.

History

[Eff 8/21/93] (Auth: HRS §§ 486-7, 486-110) (Imp: HRS §§ 486-52, 486-110)

Haw. Code R. § 4-94-12 Cash, script, debit card, or credit card sales receipts for retail sales of petroleum products sold through liquid measuring devices

A cash, script, and debit or credit card sale receipt shall contain at least the following:

(1) The retail sale price, including all applicable taxes, per unit volume, upon which the transaction cost is based;

(2) The total volume dispensed as displayed on the dispensing device;

(3) The transaction cost as displayed on the dispensing device;

(4) The name and location of the issuing station or facility;

(5) The product type, such as:

(A) Regular gasoline;

(B) Premium gasoline;

(D) Unleaded premium gasoline;

(E) Diesel 1; or

(F) Diesel 2; and

(6) The day, month, and year of the transaction.

History

[Eff. 8/21/93] (Auth: HRS §§ 486-7, 486-110) (Imp: HRS § 486-110)

Haw. Code R. § 4-94-13 Octane posting of retail gasoline dispensers

(a) Any gasoline dispenser used to sell gasoline to consumers shall be posted with the minimum octane rating of the gasoline that is sold through that dispenser. The posting shall be done by putting at least one octane rating label in a conspicuous place on each face of the gasoline dispenser so as to be in full view of the consumer and as near as reasonably practical to the unit price of the gasoline. If two or more kinds of gasoline with different octane ratings are sold from the same dispenser, a separate label for each kind of gasoline must be posted on each face of the dispenser.

(b) Octane rating labels shall meet the following specifications:

(1) The label shall be three inches horizontally by two and one-half inches vertically. Helvetica type shall be used throughout except for the actual octane rating numerals which shall be Franklin gothic type. Spacing of the label shall be one-quarter inch between the top border and the first line of text, one-eighth inch between the first and second line of text, and one-quarter inch between the octane rating numerals and the line of text above it, with the text being centered within the interior border;

(2) The line text "minimum octane rating" shall be twelve point Helvetica Bold, upper case, with letter space at twelve and one-half points;

(3) The line text "(R+M)/2 METHOD" is ten point Helvetica Bold, upper case, with letter space at ten and one-half points;

(4) The octane rating shall be displayed as a two-digit whole number, plus one-half as a decimal fraction, as necessary. The octane rating numerals shall be ninety-six point Franklin gothic with one-eighth inch space between each numeral;

(5) The basic color shall be process yellow, and all type and all borders shall be process black. Both the black and yellow shall be non-fade;

(6) All octane rating labels shall be capable of withstanding extremes of weather for a period of not less than one year. They shall be resistant to gasoline, oil, grease, solvents, detergents, and water; and

(7) No information, data or marks other than that required by this chapter are permitted to appear on the octane rating label.

(c) When the product falls below the posted minimum octane rating, or if the labels become unreadable, the retailer shall obtain and post new labels.

(d) Selling gasoline:

(1) Through a dispenser that is not properly posted with an octane rating label, or;

(2) That has an octane rating less than that posted for the appropriate retail dispenser hose. is prohibited and is a violation of this chapter.

History

[Eff 8/21/93] (Auth: HRS §§ 486-7, 486-110) (Imp: HRS § 486-110)

Haw. Code R. § 4-94-14 Price advertising by gallon and by litre

(a) Any dispenser offering gasoline for sale by the litre shall have posted, in conspicuous numerals comparable in size to any other unit price which may be posted thereon, the equivalent gallon price for every grade of gasoline dispensed therefrom. The gallon price shall in no case be less than 5/8 inch high by 1/8 inch wide (excluding fractions) and shall be posted on the top or on the uppermost portion of the face panel of the dispenser.

(b) For purposes of section 4-94-14(a), the "top" shall mean that space immediately above the dispenser computer housing, extending not more than eighty-five inches above the dispenser island. "Top" shall not include any superstructure or overhead support normally used to suspend and protect the dispenser hose.

(c) For purposes of section 4-94-14(a), the "uppermost portion" of the face panel shall include any portion thereof not less than twenty-four inches above the dispenser island.

(d) In any other advertisement of unit price of gasoline, the price per gallon shall be displayed in conspicuous numerals, comparable in size to any other unit price displayed in the advertisement.

(e) Nothing in sections 4-94-14(a) through 4-94-14(d) shall apply to dispensers selling gasoline by the gallon.

(f) Any signs or price advertising shall conform to existing county ordinances.

History

[Effi 8/21/93] (Auth: HRS §§ 486-7, 486-110) (Imp: HRS §§ 486-52.5, 486-110)

Haw. Code R. § 4-94-15 Violations

Any person who sells a commodity or engages in a practice which does not comply with the requirements of this chapter shall be in violation of this chapter.

History

[Eff 8/21/93] (Auth: HRS §§ 486-7, 486-110) (Imp: HRS §§ 486-32, 486-53, 486-110)

Haw. Code R. § 4-94-16 Severability

If any provision of this chapter is held invalid, the invalidity shall not affect the remainder of this chapter and, to this end, the provisions of this chapter are severable.

History

[Eff. 8/21/93] (Auth: HRS § 486-7) (Imp: HRS §§ 486-7, 486-37)

Chapter 96.1 SCHEDULE AND FEES FOR LICENSING DEVICES SUSCEPTIBLE OF COMMERCIAL USAGE, AND MEASURING DEVICES AND MEASUREMENT STANDARDS FOR TESTING OR CERTIFICATION

Haw. Code R. § 4-96.1-1 Severability

If any provision of this chapter is held invalid, the invalidity shall not affect the remainder of this chapter and, to this end, the provisions of this chapter are severable.

History

[Eff APR 25 2009] (Auth: HRS § 486-7) (Imp: HRS § 486-7)

Haw. Code R. § 4-96.1-2 Violation

Any person omitting the required acts or committing the proscribed acts, or failing to pay the fees as established herein shall be in violation of this chapter and subject to the provisions of chapter 486 Hawaii Revised Statutes.

History

[Eff APR 25 2009] (Auth: HRS § 486-7) (Imp: HRS § 486-7)

Haw. Code R. § 4-96.1-3 Applicability

This chapter shall apply to all weighing and measuring devices engaged in or susceptible of commercial usage.

History

[Eff APR 25 2009] (Auth: HRS § 486-7) (Imp: HRS § 486-7)

Haw. Code R. § 4-96.1-4 Definitions

As used in this chapter,

"Accurate" means the performance or value (the indications, deliveries, recorded representations, or capacity or actual value, etc., as determined by tests conducted according to suitable standards) of a piece of equipment conforms to the standard within the applicable tolerances and other performance requirements. Equipment that fails so to conform is considered to be inaccurate.

"Administrator" means the administering officer of the quality assurance division, or any qualified person so designated by the chairperson of the board of agriculture.

"Certification fee" means the charge for testing for the certification of measuring devices or measurement standards.

"Commercial usage" means persons, things, and actions, including governmental agencies, involved in establishing the net, gross, or tare measure, cost, or value of any part, portion, or proration of the total, as it may be used in the quantification or measurement of anything impacting upon salary or wages, commerce or trade, or its documentation, including the establishing of taxes due.

"Correctness" means a piece of equipment is considered to be correct when, in addition to being accurate, the piece of equipment meets all applicable specifications, tolerances, and other technical requirements.

"License fee" means a fixed charge for permission granted by the administrator authorizing usage of a device susceptible of commercial usage.

"Suitability" means a measurement standard, which has been submitted to and approved by the administrator as to correctness and type for its intended use.

"Testing fee" means the charge for services rendered, by the administrator, for testing measuring devices or measurement standards on a request basis.

History

[Eff APR 25 2009] (Auth: HRS § 486-7) (Imp: HRS § 486-7)

Haw. Code R. § 4-96.1-5 Commercial usage device annual license required

(a) Prior to the use of any device susceptible of commercial usage, an annual license fee shall be paid as prescribed in Table I entitled "Schedule of Annual License Fees", dated November 25, 2008, and located at the end of this chapter.

(b) The license fee, payable to the state director of finance by check, cash, or money order, shall be mailed or delivered to the administrator as scheduled in this section. When available, payment may be made by credit card or electronic fund transfer.

(1) Scales and linear measuring devices (except taximeters):

(A) License fees shall be due and payable February 1; and

(B) Licenses shall be valid from February 1 to January 31 of the following year;

(2) Taximeters:

(A) License fees shall be due and payable June 1; and

(B) Licenses shall be valid from June 1 to May 31 of the following year;

(3) Volumetric meters and dispensers:

(A) License fees shall be due and payable September 1; and

(B) Licenses shall be valid from September 1 to August 31 of the following year; and

(4) All other non-categorized measurement standards:

(A) License fees shall be due and payable October 1; and

(B) Licenses shall be valid from October 1 to September 30 of the following year.

(c) The license fee shall be due immediately for any measuring device placed in service after the due date and the license shall be valid to its respective termination date stated in this section.

History

[Eff APR 25 2009] (Auth: HRS § 486-7) (Imp: HRS § 486-7)

Haw. Code R. § 4-96.1-6 License renewal

(a) Any measuring device engaged in or susceptible of commercial usage shall be licensed for the year of potential use. The license fee shall become due and payable as scheduled in section 4-96.1-5.

(b) The use of any measuring device, not licensed as required in this chapter, is prohibited.

(c) Any license issued under this chapter shall not be transferred from one device to another. This shall not preclude the transfer of the title of a measuring device, along with its current license, to another person, provided the complete device is transferred.

History

[Eff APR 25 2009] (Auth: HRS § 486-7) (Imp: HRS § 486-7)

Haw. Code R. § 4-96.1-7 License application form

The measurement standards application for licensing a commercial measuring device may be obtained from the administrator upon request.

History

[Eff APR 25 2009] (Auth: HRS § 486- 7) (Imp: HRS § 486-7)

Haw. Code R. § 4-96.1-8 Fee responsibility

The payment of a license fee shall be the responsibility of the person deriving the direct economic benefit from the use of the device.

History

[Eff APR 25 2009] (Auth: HRS § 486-7) (Imp: HRS § 486-7)

Haw. Code R. § 4-96.1-9 Certification of measurement standards; fee

(a) A measurement standard, used in proving the correctness of equipment engaged in or susceptible of commercial usage, shall be submitted annually to the administrator for examination as to suitability.

(b) Certification fees shall be paid according to Table 2 entitled "Schedule of Calibration Fees", dated November 25, 2008, and located at the end of this chapter.

History

[Eff APR 25 2009] (Auth: HRS § 486-7) (Imp: HRS § 486-7)

Haw. Code R. § 4-96.1-10 Special test request; fee

The fee for a requested special test shall be $500 except if:

(1) The requested special test requires the use of the test-weight truck, the fee shall be $750;

(2) The requested special test requires the use of the one-thousand-gallon petroleum test equipment, the fee shall be $750.

History

[Eff APR 25 2009] (Auth: HRS § 486-7) (Imp: HRS § 486-7)

Haw. Code R. § 4-96.1-11 Returned-check charge

When the payment of any fee established in this chapter is made by check, a charge of $ 25.00 shall be assessed, in addition to the amount of the fee, if the check is not honored due to insufficient funds.

History

[Eff APR 25 2009] (Auth: HRS § 486-7) (Imp: HRS § 486-7)

Haw. Code R. § 4-96.1-12 Exemptions

The administrator may exempt a device or class of devices from the fee requirements of this chapter when the exemption is in the public interest.

History

[Eff APR 25 2009] (Auth: HRS § 486-7) (Imp: HRS § 486-7)

Chapter 101 WEIGHING AND MEASURING DEVICES

Haw. Code R. § 4-101-1 Specifications and tolerances; requirements

The National Institute of Standards and Technology handbook, entitled "NIST Handbook 44, 1993, Specifications, Tolerances, and Other Technical Requirements for Weighing § 4-101-1 and Measuring Devices," hereinafter referred to as "NIST handbook 44" is hereby adopted for use by the division of measurement standards as the specifications, tolerances, and other technical requirements applicable to weighing and measuring devices subject to this chapter.

History

[Eff. 8/21/93] (Auth: HRS § 486-7) (Imp: HRS §§ 486-75, 486-105, 486-106, 486-107, 486-108, 486-109)

Haw. Code R. § 4-101-2 Weighing and measuring devices; requirements

(a) This section applies to any person or government agency using a weighing or measuring device in:

(1) Determining the measurement of commodities or items bought or sold, or offered or exposed for sale, on the basis of measure;

(2) Computing the basic charge or payment, including taxes, for services rendered on the basis of measure;

(3) Determining measurement when a charge is made for such determination; or

(4) Official government use for the enforcement of laws or for the collection of revenues, fees, or statistical information.

(b) Any person or government agency performing any of the functions enumerated in subsection 4-101-2(a) shall ensure that the following requirements are met:

(1) The weighing or measuring device shall have had its type evaluated and shall have been issued a certificate of conformance by the National Institute of Standards and Technology, except that devices licensed and in use in the State before the effective date of this chapter shall be exempt from this requirement;

(2) The weighing or measuring device shall be submitted or made available for inspection and testing upon demand and as often as deemed necessary by the administrator or the administrator's designee. In the case of taximeters and odometers, the owner of the vehicle with the installed measuring device or the owner's designee shall present the vehicle with the installed device for testing at a time and place specified by the administrator or the administrator's designee;

(3) The weighing or measuring device shall have been inspected, tested and approved for use by an inspector, as defined in chapter 486, HRS, or a service person registered by the state in accordance with chapter 4-87, Hawaii Administrative Rules, prior to being placed in service. A weighing or measuring device is considered approved if after inspection and testing, it is found to meet all of the applicable requirements of NIST handbook 44, including but not limited to installation and user requirements

(4) The weighing and measuring device shall be currently licensed by the administrator. Upon introduction of the device into service, the owner or the owner's designee shall make an application for a license. In order for a device to be licensed, it must meet the requirements of subsections 4-101-2(b)(1) through 4-101-2(b)(3) and, in addition, a license fee must be paid as specified in chapter 4-96, Hawaii Administrative Rules. The license is valid for a period of one year or fraction thereof. After initial introduction, the license fee must be paid annually in order for the license to remain in effect;

(5) Any official seal, tag, or mark affixed by an inspector or a registered service agency shall not be removed, obliterated, or covered and shall be readily visible; and

(6) The weighing or measuring device shall be operated in a manner such that measurements that are made are accurate and conform to all applicable laws.

History

[Eff. 8/21/93] (Auth: § 486-7) (Imp: HRS §§ 486-75, 486-105, 486-106, 486-107, 486-108, 486-109)

Haw. Code R. § 4-101-3 Taximeters; position and illumination

(a) Subsection UR.2., entitled "Position and Illumination of Taximeter," of section 5.54, entitled "Taximeters," of NIST handbook 44 is amended to read: A taximeter shall be so positioned, secured, and illuminated that its indications, operational markings, and controls of passenger interest can be conveniently read by a passenger seated in the back seat of the vehicle. A taximeter shall be mounted either:

(1) Directly on the top of the dashboard, in an area to the passenger side of the steering wheel beginning with a vertical plane, measured six inches from the outermost part of the steering wheel, and extending to not less than six inches from the end of the dashboard on the passenger side; or

(2) With the entire digital fare readout not more than six inches below a horizontal plane extending from the highest point of the dashboard, and in an area beginning from a vertical plane six inches to the passenger side of the outermost part of the steering wheel and extending to not less than six inches from the end of the dashboard on the passenger side.

(b) These requirements shall apply to all taximeters, newly installed after the effective date of this rule, and shall become effective for all currently installed taximeters one year after the effective date of this rule.

History

[Eff. 8/21/93] (Auth: HRS § 486-7) (Imp: HRS §§ 486-107, 486-108, 486-109)

Haw. Code R. § 4-101-4 Wheel-load weighers, portable axle-load weighers, and axle-load scales; restricted use

Use of wheel-load weighers, portable axle-load weighers, and axle-load scales shall be permitted only for official use by government agencies in the enforcement of traffic and highway laws and in the collection of statistical information.

History

[Eff. 8/21/93] (Auth: HRS § 486-7) (Imp: HRS § 486-108)

Haw. Code R. § 4-101-5 Violations

Any person who fails to perform any of the actions required by this chapter, or who uses a weighing or measuring device or a measurement standard in any manner which does not comply with the requirements of this chapter shall be in violation of this chapter.

History

[Eff. 8/21/93] (Auth: HRS § 486-7) (Imp: §§ 486-32, 486-33, 486-36, 486-53, 486-87)

Haw. Code R. § 4-101-6 Severability

If any provision of this chapter is held invalid, the invalidity shall not affect the remainder and, to this end, the provisions of this chapter are severable.

History

[Eff. 8/21/93] (Auth: HRS § 486-7) (Imp: HRS § 486-37)

Subtitle 7 QUALITY ASSURANCE DIVISION

Chapter 135 SEALS OF QUALITY

Haw. Code R. § 4-135-1 Seals of quality; descriptions

(a) There is established a standard seal of quality, the design of which is shown m exhibit 1, entitled "Standard Seal of Quality" and dated 04/01/04, white letters on green background, raised gold letters on gold background, and black letters on white background, located at the end of this chapter and which is made a part of this chapter. This seal may be applied only to:

(1) Fresh agricultural products that have been entirely produced in the State and that meet the requirements of section 4-135-4(1), (2) and(3)

(2) Value-added processed agricultural and food products for which the primary agricultural product has been entirely produced in the State and that meet the requirements of section 4-135-4(2), (3), (4) and(5);

(3) An exception to paragraph (2) may be granted, on a case-by-case basis, if the primary agricultural product is not readily grown in the State but is grown and readily imported without restrictions or prejudice from other locations within the United States.

(b) There is established a seal of quality for the designated islands of Kauai, Lanai, Maui, Molokai, and Oahu, the design of which is shown in exhibit 2, entitled "Island Seal of Quality" and dated 4/01/04, white letters on green background, raised gold letters on gold background, and black letters on white background, located at tiie end of this chapter and which is made a part of this charter. This seal may be applied only to:

(1) Fresh agricultural products that have been entirely produced on the specified island and that meet the requirements of section 4-135-4(1), (2) and (3);

(2) Value-added processed agricultural and food products for which the primary agricultural product has been entirely produced on the specified island and that meet the requirements of section 4-135-4(2), (3), (4), and (5).

(c) There is established a seal of quality partner, the design of which is shown in exhibit 3, entitled "Partner Seal of Quality" and dated 4/01/04, white letters on green background, raised gold letters on gold background, and black letters on white background, located at the end of this chapter and which is made a part of this chapter. This seal shall not be used on a product offered for sale and may only be displayed by agriculturally-based businesses, farm associations, farms, farmer's markets, allied suppliers, organizations, associations, and businesses that show commitment to the support of the State's agriculture economy as determined by the department or by contract established under section 4-135-3.

History

[Eff SEP 03 2005] (Auth: HRS § 148-63) (Imp: HRS §§ 148-62; 148-63)

Haw. Code R. § 4-135-2 Definitions

As used in this chapter:

"Agricultural development division" means the division within the department responsible for the licensing, marketing, and promotion of this chapter.

"Agricultural products" means fruits, vegetables, nuts, coffee, eggs, poultry and poultry products, livestock and livestock products, milk and milk products, silvicultual products, aquacultural and maricultural products, and floricultural and horticultural products.

"Applicant" means a person that applies for a license to use a seal established under this chapter and who shall be responsible for payment of license fees.

"Authorized agent" means the designated division of the department or a non-profit corporation contracted by the department authorized to administer the seal of quality program established under this chapter.

"Authorized user" means a person licensed to use a seal or an agent designated by the authorized user in the application and approved by the department or its authorized agent.

"Department" means the department of agriculture.

"Inspector" means an employee of the department or a person designated by the administrator of the quality assurance division, who is authorized to investigate, sample, inspect, and determine the quality, condition, and origin of fresh and processed agricultural products; to review business records of authorized users; and to, in any other manner, enforce the requirements of chapter 148, part V, HRS, and this chapter.

"Person" means any individual, partnership, corporation, or separate legal entity.

"Primary agricultural product" means the major agricultural product in a processed or value-added agricultural or food product as specified in the licensing agreement.

"Quality" means the properties or attributes of a product that determines its relative degree of excellence.

"Quality assurance division" means the division within the department responsible for the enforcement of this chapter.

"State" means the State of Hawaii.

"Seal" means the seals of quality established under this chapter.

History

[Eff SEP 03 2005] (Auth: HRS § 148-63) (Imp: HRS § 148-63)

Haw. Code R. § 4-135-3 Contracts with non-profit corporations

Any contract with a non-profit corporation to implement these rules shall include, but not be limited to, the following provisions:

(1) The required structure of the non-profit corporation;

(2) The authority to act as an agent for the department;

(3) The transfer of responsibility to fulfill certain requirements of this chapter to the authorized agent;

(4) The criteria for displaying the seals as specified in section 4-135-1;

(5) The license fees to be charged and the terms of licensure; and

(6) The charges for seals supplied to the authorized user and other requirements for the reproduction of seals by the authorized user.

History

[Eff SEP 03 2005] (Auth: HRS § 148-63) (Imp: HRS § 148-62)

Haw. Code R. § 4-135-4 Qualification requirements for use of the seals of quality

General requirements for use of the seals are:

(1) Any fresh unprocessed agricultural product shall be entirely produced in the State and its quality shall be at least Hawaii Grade A, Hawaii No. 1, U.S. No. 1, or if no grade has been established, the quality of the product shall be of the highest quality characteristic of that commodity and shall be specified in the licensing agreement;

(2) Any fresh or processed agricultural or food products to which the seals are applied shall meet all applicable state and federal sanitation standards; and the authorized user shall within five years or more at the discretion of the Agricultural development division from the adoption of these original administrative rules obtain the appropriate certifications for GAP (Good Agricultural Practices) and GHP (Good Handling Practices), or GMP (Good Manufacturing Practices);

(3) Any fresh or processed agricultural food products to which the seals are applied shall be in compliance with all state law(s) enacted for specified commodities;

(4) Any value-added processed agricultural or food product shall be manufactured, assembled, fabricated, or produced within the State and shall have had at least fifty-one per cent of its wholesale value added by manufacture, assembly, fabrication, or production within the State;

(5) The quality of any value-added processed agricultural or food product shall meet all the minimum requirements specified by the State or federal laws, rules, or regulations, or if none is § 4-135-5 minimum quality standards established by the department of its authorized agent in the licensing agreement; and

(6) Minimum quality standards established in paragraph (5) shall be applied equally to all like or similar, value-added processed agricultural or food products; and the primary agricultural product shall be entirely produced in the State, except as provided by section 4-135-1(a)(3).

History

[Eff SEP 03 2005] (Auth: HRS § 148-63) (Imp: HRS §§ 148-62, 148-63)

Haw. Code R. § 4-135-5 Use of the seals of quality and prohibitions

(a) The seals established by this chapter shall not be used in a manner contradictory to state or federal laws, rules, and regulations including, but not limited to, those concerning deceptive acts or practices in commerce.

(b) It shall be unlawful to use a seal in any way that identifies products, processes, or establishments not qualified to use a seal or that implies that products illegally labeled with a seal possess such an endorsement.

(d) All packaged products bearing a seal that are offered for sale shall be contained in new, clean packaging materials.

(e) All food products bearing a seal shall be of good flavor and possess no characteristics that clearly render it an inferior product.

(f) The seals may be used on products, product containers, in point-of purchase or other displays, and in advertising.

History

[Eff SEP 03 2005] (Auth: HRS § 148-63) (Imp: HRS §§ 148-63, 148-65)

Haw. Code R. § 4-135-6 Application for license, renewal and review

(a) The applicant for a license to use the seals adopted under this chapter shall submit an application on a form supplied by the department or its authorized agent.

(b) The department or its authorized agent shall determine whether or not the particular product or products, process, or establishment and the applicant can comply with all relevant requirements for use of the seals. The applicant shall prove to the satisfaction of the department or its authorized agent that the product or products, process, or establishment will meet all requirements for use of the seals.

(c) The department or its authorized agent may reject an application when it is determined that the applicant has not demonstrated the ability to consistently comply with the requirements for use of the seals. If an application is rejected, the department or its authorized agent shall inform the applicant of the rejection. An applicant whose application has been rejected may request a review by the department or a hearing before the department within thirty days after the mailing date of a notice of rejection.

(d) If the application is approved, a license authorizing the use of the seals on the product or products, process, or establishment named on the application shall be issued and shall include the applicable quality standards that must be met. The license is non-transferable,

(e) An application form for renewal along with the applicable fee shall be submitted for renewal of an existing license at least thirty days prior to the expiration of the existing license.

(f) The department or its authorized agent, upon receipt of an application for a new license or for renewal of an existing license, shall issue either of the following to the applicant, no later than ninety working days after the date of receipt:

(1) The appropriate license, if the application for the license is properly completed, the appropriate fees are paid, and the applicant meets all requirements for the license; or

(2) A written statement that the application is denied and an explanation of the reason for the denial.

History

[Eff SEP 03 2005] (Auth; HRS § 148-63) (Imp: HRS §§ 148-62, 148-63)

Haw. Code R. § 4-135-7 License for use of the seals of quality; fees

(a) The license period and license fees shall be as established under a licensing agreement with the authorized agent of the department, or as established by the department in subsection (b).

(b) In the absence of a contract with an authorized agent, the department may issue licensing agreements to use the seals until such time that a contract with an authorized agent is established. Any license fees collected by the department under this subsection shall be as set forth in section 4-135-8(h) and shall be deposited into the general fund or into a designated special fund if applicable.

History

[Eff SEP 03 2005] (Auth: HRS § 148-63) (Imp: HRS §§ 148-62, 148-63)

Haw. Code R. § 4-135-8 Distribution of seals: reproduction

(a) Upon request from an authorized user, the authorized agent or the department may make seals available at a reasonable cost and in such form as deemed most appropriate for the needs of the user.

(b) Seals shall not be transferred to, nor used by, any party other than the authorized user who requests and purchases these seals.

(c) An authorized user of a seal of quality may have the seal reproduced for use on the authorized user's own packages or advertisements only after receiving written permission from the department or its authorized agent.

(d) When requesting written permission to reproduce a seal, the authorized user of the sea! shall submit plans, drawings, or samples of the manner in which the seal is to be used to the department or its authorized agent for approval.

(e) Permission to reproduce a seal is not transferable and any persons reproducing the seal may do so only to the extent specified in the written permission.

(f) The seals shall be reproduced exactly as shown in exhibits 1,2, or 3 located at the end of this chapter. The size of the seals may be expanded or reduced to appropriately fit the use, but in no case may the size be so small that the lettering is not legible.

(g) In the absence of written permission to reproduce a seal, the department or its authorized agent shall have the exclusive right to the reproduction and distribution of the seal.

(h) In the absence of a contract with an authorized agent, the department shall charge a reasonable fee for the distribution of seals for use by authorized users of the seals. These fees shall offset the costs of administering and enforcing the seal of quality program and promoting the seals, and any fees collected shall be deposited into the general fund or into a designated special fund if applicable.

| (i) Program Fees | | | --- | --- | | Application fee (processing): | $50 per application (nonrefundable) | | Year 1,2, and 3 | | | Utilizing stickers | 105 per cent of the printing cost | | Utilizing print images (imprints) | 1/2 cent per impression for product packaging | | Year 4 and beyond | | | Utilizing stickers | 110 per cent of the printing cost | | Utilizing print images (imprints) | 1 cent per impression for product packaging. |

History

[Eff SEP 03 2005] (Auth: HRS § 148-63) (Imp: HRS § 148-63)

Haw. Code R. § 4-135-9 Enforcement penalties, and prosecution

(a) During normal business hours, any authorized inspector of the department may enter any public or private premises, including any vehicle of transport, to enforce the licensing, labeling, and record keeping requirements of this chapter. This may include: inspection of products processes, facilities, methods of operation, or establishments; auditing any records pertaining to products or processes or use of the seal; and to otherwise monitor compliance with this chapter.

(b) The inspector may take, at no charge, representative samples of products labeled with the seal established by this chapter for inspection.

(c) A refusal on the part of an authorized user to cooperate with the department with regard to subsections (a) and (b) shall be sufficient grounds for suspension or revocation of the license to use the seal.

(d) The department may suspend or revoke the license to use the seal when an authorized user violates this chapter.

(e) Should a person be found in violation of this chapter based upon the investigation conducted in subsection (a), the costs of the investigation shall be paid by that person based on the number of hours spent in conducting the investigation multiplied by the hourly charge established by rule under section 141-7, HRS, and the actual costs of travel, per diem automobile mileage, and any other expenses accrued due to the investigation.

(f) Any authorized inspector, upon determining that this chapter or part V of chapter 148, HRS, is being violated, may place a stop sale notice upon or near the product that is in violation. When a stop sale notice is issued:

(1) The product shall not be sold, or offered for sale, transferred, moved off the premises, or otherwise disposed of until an authorized inspector has removed the stop sale notice or written permission is received from the department

(2) No person shall remove, deface, or otherwise tamper with any stop sale notice except upon approval of an authorized inspector; and

(3) A non-compliance notice issued by the department indicating the violation and corrective action required shall accompany the stop sale notice.

(g) Any person aggrieved by a decision of the department may request a review by the department or a hearing before the department within thirty days after non-compliance notice is received.

(h) Any person who violates any provision of this chapter may be subject to the actions, procedures, and penalties provided in section 148-66, HRS."

History

[Eff SEP 03 2005] (Auth: HRS §§ 148-63) (Imp: HRS §§ 148-63 to 148-66)

Chapter 138 HAWAII-GROWN CACAO AND HAWAIIAN CHOCOLATE PRODUCTS

Haw. Code R. § 4-138-1 Definitions

As used in this chapter.

"Cacao" or "cacao nibs" means the roasted, cracked, winnowed pieces of the cacao beans.

"Cacao beans" means the fermented and dried seeds of the cacao plant.

"Cacao liquor" means the paste prepared by finely-grinding cacao nibs.

"Chocolate" means the food prepared with cacao, and other essential ingredients such as cocoa butter, sugar, vanilla, lecithin and other flavoring.

"Department" means the department of agriculture.

"Geographic region" means the geographic areas designated as follows:

Hawaii is the State of Hawaii; Hawaii Island is the island of Hawai'i; Kauai is the island of Kaua'i; Maui is the island of Maui; Molokai is the island of Moloka'i; and Oahu is the island of Oahu.

"Hawaii cacao" or "Hawaii cacao nibs" means roasted, cracked, and winnowed pieces of the cacao beans which are grown in the State of Hawaii.

"Hawaii cacao beans" means cacao beans which are grown in the State of Hawaii.

"Hawaii chocolate" means chocolate prepared from Hawaii cacao.

"Hawaii cacao blend chocolate" means chocolate prepared from not less than fifty-one per cent Hawaii-grown cacao regardless of island.

"Hawaii Island cacao" or "Hawaii Island cacao nibs" means roasted, cracked, and winnowed pieces off the cacao beans which are grown in the island of Hawai'i.

"Hawaii Island cacao beans" means cacao beans which are grown in the island of Hawai'i.

"Hawaii Island chocolate" means chocolate prepared from one hundred per cent Hawaii Island cacao.

"Kauai cacao" or "Kauai cacao nibs" means roasted, cracked, and winnowed pieces of the cacao beans which are grown in the island of Kaua'i.

"Kauai cacao beans" means cacao beans which are grown in the island of Kaua'i.

"Kauai chocolate" means chocolate prepared from one hundred per cent Kauai cacao.

"Maui cacao" or "Maui cacao nibs" means roasted, cracked, and winnowed pieces of the cacao beans which are grown in the island of Maui.

"Maui cacao beans" means cacao beans which are grown in the island of Maui.

"Maui chocolate" means chocolate prepared from one hundred per cent Maui cacao.

"Molokai cacao" or "Molokai cacao nibs" means roasted, cracked, and winnowed pieces of the cacao beans which are grown in the island of Moloka'i.

"Molokai cacao beans" means cacao beans which are grown in the island of Moloka'i.

"Molokai chocolate" means chocolate prepared from one hundred per cent Molokai cacao.

"Oahu cacao" or "Oahu cacao nibs" means roasted, cracked, and winnowed pieces of the cacao beans which are grown in the island of Oahu.

"Oahu cacao beans" means cacao beans which are grown in the island of Oahu.

"Oahu chocolate" means chocolate prepared from one hundred per cent Oahu cacao.

History

[Eff 11/27/2016] (Auth: HRS § 486-118) (Imp: HRS § 486-118)

Haw. Code R. § 4-138-2 Labeling requirements

(a) In addition to all other labeling requirements, no identity statement used for labeling or advertising cacao, chocolate, or other products produced in whole or in part from Hawaii cacao, shall contain the phrase "Hawaii cacao", "Hawaiian cacao", "Hawaii chocolate", or "Hawaiian chocolate", unless:

(1) The product contains cacao ingredients made from one or more various geographic regions mentioned above and from no other cacao or chocolate flavoring. The phrases "Hawaii cacao", "Hawaiian cacao", "Hawaii chocolate" or "Hawaiian chocolate" may be followed by the phrase "made with" or "contains", and list each geographic region identified in descending order of per cent by weight and expressed as a number followed by a per cent and ends with the word "cacao".

(b) Each word or character in the identity statement shall be of the same type size and shall be contiguous. The smallest letter or character of the identity statement on packages of sixteen ounces or less net weight shall be at least one and one-half times the type size required by federal law for the statement of net weight or three-sixteenths of an inch in height, whichever is smaller. The smallest letter or character of the identity statement on packages of greater than sixteen ounces net weight shall be at least one and one-half times the type size required under federal law for the statement of net weight.

(1) Use a geographic region as defined in this chapter in labeling or advertising of a cacao or chocolate product if the product contains less than one hundred per cent cacao by weight from that geographic region, except that if the product contains one hundred per cent Hawaii cacao from more than one geographic region, a list of the geographic regions may be shown if it is preceded by the words "contains", or "made with", and each geographic region is identified in descending order of per cent by weight and expressed as a number followed by a per cent sign and ends with the word "cacao".

(2) Misrepresent on a label or in advertising of a cacao or chocolate product, the per cent cacao by weight of any cacao from a geographic region defined in this chapter.

(3) Use a geographic region on the front label or any panel of a package or in the identity statement of a cacao or chocolate product, other than in a trademark or trade name as provided in this section or as authorized in subsections (a) and (b), unless one hundred per cent of the cacao contained in the product is grown in that geographic region.

(4) Use the term "Hawaii cacao blend", "Hawaii cacao blend chocolate" or similar language on a cacao or chocolate product if the product contains more than forty-nine per cent cacao produced or grown outside of Hawaii.

(5) Use more than one trademark or trade name on a cacao or chocolate product unless one hundred per cent of the cacao used in that product is grown in the geographic region specified by the trademark or trade name.

(6) Use a trademark or trade name that begins with the name of a geographic region on a cacao or chocolate product unless one hundred per cent of the cacao used in the product is grown in that geographic region or the trademark or trade name ends with words that indicate a business entity; or

(7) Print the identity statement required in this chapter in a smaller font size than that used for a trademark or trade name that includes the name of a geographic region and in a location other than the front label of a package of a cacao or chocolate product.

History

[Eff 11/27/2016] (Auth: HRS § 486-118) (Imp: HRS § 486-118)

Haw. Code R. § 4-138-3 Recordkeeping; inspection

Manufacturers and other persons who package cacao or chocolate products covered in this chapter shall maintain and make available to the department for inspection or copying, for a period of two years, records on the weight and geographic origins of cacao beans purchased and sold and any other record required by the department for the purposes of enforcing this chapter. Authorized employees of the department shall be allowed access to these records upon request during normal business hours.

History

[Eff 11/27/2016] (Auth: HRS § 486-118) (Imp: HRS § 486-118)

Haw. Code R. § 4-138-4 Penalties

Any person who violates any provision of this chapter may be subject to the actions, procedures, and penalties provided in section 486-32, Hawaii Revised Statutes."

History

[Eff 11/27/2016] (Auth: HRS § 486-118) (Imp: HRS §§ 486-32, 486-118)

Chapter 143 STANDARDS FOR COFFEE

Haw. Code R. § 4-143-1 Labeling and documentation requirements

(a) No person shall sell or offer, expose for sale, or transport Hawaii-grown green coffee, natural coffee, or mixed natural coffee outside the geographic region of production as defined in section 4-143-3, unless each container is conspicuously labeled in the English language with the exact grade or lower grade for the green coffee, natural coffee, or mixed natural coffee or the term offgrade, as applicable. No person shall transport, or cause the transport of, Hawaii-grown cherry coffee, parchment coffee, green coffee, natural coffee, or mixed natural coffee outside the geographic region of production as defined in section 4-143-3, unless each container is conspicuously labeled or accompanied by documentation written in the English language with the exact geographic region. This grade or geographic region statement shall appear on the tag described in subsection (i), or on the container on the same panel as the declaration of identity required by section 4-93-2; provided that the geographic region statement may also be, documented on a form provided by the department accompanying each container.

(b) Any tag or container label representing a geographic region or grade term which is determined to be incorrect shall be corrected by the complete obliteration of the incorrect information and substituted with the correct statement of fact. Any accompanying documentation form determined to be incorrect shall be corrected by the complete obliteration of the incorrect information and substituted with the correct statement of fact.

(d) The grade terms to be used shall be exactly as shown in sections 4-143-6, 4-143-11, and 143-12, except that grade terms may be abbreviated as shown in section 4-143-9, or may be expressed in all capital letters, or both. The geographic region terms to be used shall be exactly as shown in section 4-143-3. The use of a geographic region term on offgrade coffee is prohibited.

(e) The requirements of this section shall apply to both intra-state and export sales and distribution of Hawaii-grown coffee.

(f) Any green coffee, natural coffee, or mixed natural coffee labeled with a grade term defined in section 4-143-6, 4-143-11, or 143-12, shall meet the standards of the labeled grade.

(g) The use of a grade term defined in section 4-143-6, 4-143-11, or 4-143-12, or any abbreviation or variation of the grade term that is intended to represent or imply that the green coffee, natural coffee, or mixed natural coffee so labeled is grown in Hawaii, on coffee that is not grown in Hawaii is prohibited. The use of any geographic region defined in section 4-143-3, on cherry coffee, parchment coffee, green coffee, natural coffee, or mixed natural coffee that is not grown in the geographic region defined in section 4-143-3, is prohibited.

(h) The use of any other grade term or fanciful term which is not defined in section 4-143-6, 4-143-11, or 4-143-12 to represent or imply that the cherry coffee, parchment coffee, green coffee, natural coffee, or mixed natural coffee has a grade adopted under this chapter is prohibited.

(i) Tags marked with a grade or geographic region statement pursuant to subsection (a) or (j) or as required for inspection for certification pursuant to section 4-143-2(b) shall consist of a tamper-proof tag attached to each container of coffee beans in a manner that opening the container will alter the tag. The tags shall be light in color, made of a material that resists tearing and measuring a minimum of two inches by four inches, with a blank area at least two inches by two inches.

(j) Hawaii-grown green coffee, natural coffee, or mixed natural coffee not meeting the quality standards of Hawaii No. 3 green coffee, Hawaii Natural Prime coffee, or Hawaii Mixed Natural Prime Coffee shall be labeled with the term "offgrade" or the term "coffee" without reference to any geographic region. The term "offgrade" shall appear on the tag described in subsection (i), or on the container on the same panel as the declaration of identity required by section 4-93-2.

History

[Eff 10/8/01; am and comp MAY 24 2014] (Auth: HRS §§ 147-4, 147-22) (Imp: HRS §§ 147-4, 147-22, 147-23)

Haw. Code R. § 4-143-2 Inspection and fees

(a) Inspection for certification of green coffee, natural coffee, or mixed natural coffee by the department shall be voluntary on the part of the applicant and will be made only upon the request of the applicant.

(b) Inspection for certification of green coffee, natural coffee, or mixed natural coffee for grade and condition by the department shall be conducted upon the processing of parchment coffee into green coffee or natural coffee, provided that the green coffee, natural coffee, or mixed natural coffee shall be graded, placed into sealed containers, and tagged as described in section 4-143-1(i) before the green coffee, natural coffee, or mixed natural coffee is offered for inspection.

(c) The application for certification shall include a signed statement attesting to the geographic region of production as defined, in section 4-143-3, of the green coffee, natural coffee, or mixed natural coffee and the quantity in pounds.

(d) It shall be the responsibility of the owner of the coffee to apply to the department for certification.

(e) The department shall provide green coffee, natural coffee, or mixed natural coffee inspection at centralized pulping, hulling, grading, milling, processing, shipping, or storage plants.

(f) Each application for inspection shall be completed by the applicant on an approved department form, signed and filed with the office of inspection or any inspector at or near the place where the inspection is desired. The application, due to noncompliance with this chapter, may be rejected by the supervisor. The supervisor shall notify the applicant in writing of the reason for the rejection as soon as possible.

(g) The applicant shall make every container of each lot of the product to be inspected readily accessible for sampling and inspection. Coffee bags or containers sampled for certification shall not be moved from the facility where it was sampled until approval is given by the department. Movement of coffees without approval shall be considered a violation under section 4-143-8(d).

(h) Inspection and certification for quality or condition shall be based on section 4-143-6, 4-143-11, or 4-143-12. A request for certification may include a request restricted to a portion of, or in addition to the requirements in section 4-143-6, 4-143-11, or 4-143-12, upon approval of the supervisor, provided that a letter of certification may be issued in lieu of a certificate at the discretion of the supervisor.

(i) An application for certification may be withdrawn by the applicant at any time before the inspection is performed, provided that the applicant shall be billed for any expenses incurred after the application was made.

(j) Proof of the authority of any person applying for inspection on behalf of another person may be required at the discretion of the inspector.

(k) The original certificate, when issued, shall immediately be mailed or made available to the applicant or a person designated by the applicant. One additional copy of the certificate shall be issued without charge if requested by the applicant before the certificate is issued. Applicants may make a request in writing to the inspection office for additional copies or facsimile copies of a certificate at a fee of $48 for each page.

(l) An inspection fee rate of $48 per hour for regular time and $72 per hour for overtime shall be charged by the department, and shall be paid by the applicant. Additional charges may be assessed for transportation, travel time, stand-by time, per diem, mileage, and other actual expenses incurred by the department.

(m) When payment for inspection is not received within thirty days of the date of the bill, the department may withhold inspection for certification until payment is made. An interest charge of one-half of one per cent of the unpaid balance shall be assessed for each month, or portion of a month, that payment is not received after the initial thirty days after the date of the bill.

(n) An application for an appeal inspection may be made by any financially interested person dissatisfied with the original determination, provided that:

(1) The identity of the product has not been lost;

(2) The original lot has not been disturbed and is accessible;

(3) The appeal request and the reason for the appeal are submitted in writing, and the reason for the appeal request is not unsubstantial;

(4) The product has not undergone material change in condition since the original inspection; and

(5) Not more than fourteen days has transpired from the date of the original certificate.

The fee to be charged for an appeal inspection shall be based on the fees and other charges specified in subsection (l) or $350, whichever is greater, provided that should the result of the appeal inspection disclose that a material error was made in the original inspection, no fees or charges shall be assessed for the appeal inspection.

History

[Eff 10/8/01; am and comp MAY 24 2014] (Auth: HRS §§ 147-7, 147-8) (Imp: HRS §§ 147-7, 147-8)

Haw. Code R. § 4-143-3 Definitions

As used in this chapter;

"Applicant" means a person that applies for or requests inspection for certification who has a financial interest in the product and who shall be responsible for payment of certification fees.

"Bean" means the seed of the fruit of the coffee plant, which has been dried and from which the pulp and the spermoderm have been removed and is also known as green coffee bean.

"Black bean" means green coffee or natural coffee, when the bean is darkly discolored.

"Broken bean" or "cut bean" means a bean or part of a bean that is damaged by a cracked, chipped, or nicked condition.

"Certificate" means any form of certification, either written or printed, issued by an inspector under this chapter to certify the type, grade, quality, quantity, or condition of green coffee, natural coffee, or mixed natural coffee.

"Cherry coffee" means an agricultural commodity comprised of the unprocessed fruit of the coffee plant.

"Clean" means green coffee, natural coffee, or mixed natural coffee that is free from damage by dirt, dust, or other foreign matter.

"Damage" means any defect which materially detracts from the quality and condition of the green coffee or natural coffee bean.

"Department" means the department of agriculture.

"Dry mill" means a location where parchment coffee is processed into green or natural coffee.

"Dry miller" means a person who processes parchment coffee into green or natural coffee.

"Excessively dirty" means caked with dirt.

"Fermented" means the cherry has a definite sour odor.

"Geographic region" means the geographic areas designated as follows: Hamakua is the district of Hamakua on the island of Hawaii, as designated by the State of Hawaii Tax Map; Hawaii is the State of Hawaii; Hawaii Island is the island of Hawaii; Kau is the district of Kau on the island of Hawaii, as designated by the State of Hawaii Tax Map; Kauai is the island of Kaua'i; Kona is the North Kona and South Kona districts on the island of Hawaii, as designated by the State of Hawaii Tax Map; Maui is the island of Maui; Molokai is the island of Molokai; and Oahu is the island of Oahu.

"Good aroma and flavor when brewed" means the coffee beverage, prepared according to accepted procedures, possesses a desirable flavor and aroma and is free from all foreign, undesirable, or offensive flavors or aromas.

"Good roasting quality" means the green coffee, when properly roasted, possesses uniform color and brightness.

"Green coffee" means coffee beans which have been processed from cherry coffee by removing the pulp, the adhering mucilage, and the hull.

"Hamakua coffee" means green coffee processed from cherry coffee which is grown in the geographic region of Hamakua and which at least meets the minimum requirements of Hawaii Island Prime green coffee.

"Hamakua mixed natural coffee" means a combination of green coffee and natural coffee processed from cherry coffee which is grown in the geographic region of Hamakua and which at least meets the minimum requirements of Hawaii Island Mixed Natural Prime coffee.

"Hamakua natural coffee" means natural coffee processed from cherry coffee which is grown in the geographic region of Hamakua and which at least meets the minimum requirement's of Hawaii Island Natural Prime coffee.

"Hawaii coffee" means green coffee processed from cherry coffee which is grown in the State of Hawaii and which at least meets the minimum requirements of Hawaii No. 3 green coffee.

"Hawaii Island coffee" means green coffee processed from cherry coffee which is grown in the geographic region of the Hawaii Island, other than coffee grown in the geographic region of Kona, and which at least meets the minimum requirements of Hawaii Island Prime coffee.

"Hawaii Island mixed natural coffee" means a combination of green and natural coffee processed from cherry coffee which is grown in the geographic region of the Hawaii Island, other than coffee grown in the geographic region of Kona, and which at least meets the minimum requirements of Hawaii Island Mixed Natural Prime coffee.

"Hawaii Island natural coffee" means natural coffee processed from cherry coffee which is grown in geographic region of the Hawaii Island, other than coffee grown in the geographic region of Kona, and which at least meets the minimum requirements of Hawaii Island Natural Prime coffee.

"Hawaii mixed natural coffee" means a combination of green coffee and natural coffee processed from cherry coffee which is grown in the State of Hawaii and which at least meets the minimum requirements of Hawaii Mixed Natural Prime coffee.

"Hawaii natural coffee" means natural coffee processed from cherry coffee which is grown in the State of Hawaii and which at least meets the minimum requirements of Hawaii Natural Prime coffee.

"Hull" means the dried spermoderm which is the light tan or buff-colored membrane encasing the bean.

"Husk" means the outer part of the dried cherry consisting of dried, pulp.

"Inspector" means an employee of the department or a person designated by the supervisor, who is authorized to investigate, sample, inspect, and certify for any applicant the quality and condition of green coffee, natural coffee, and mixed natural coffee and to enforce the requirements of this chapter.

"Interested party" means any person who has a financial interest in the product for which inspection is requested.

"Kau coffee" means green coffee processed from cherry coffee which is grown in the geographic region of Ka'u and which at least meets the minimum requirements of Hawaii Island Prime green coffee.

"Kau mixed natural coffee means a combination of green coffee and natural coffee processed from cherry coffee which is grown in the geographic region of Kau and which at least meets the minimum requirements of Hawaii Island Mixed Natural Prime coffee.

"Kau natural coffee" means natural coffee processed from cherry coffee which is grown in the geographic region of Kau and which at least meets the minimum requirements of Hawaii Island Natural Prime coffee.

"Kauai coffee" means green coffee processed from cherry coffee which is grown in the geographic region of Kaua'i and which at least meets the minimum requirements of Kauai Prime green coffee.

"Kauai mixed natural coffee" means a combination of green coffee and natural coffee processed from cherry coffee which is grown in the geographic region of Kaua'i and which at least meets the minimum requirements of Kauai Mixed Natural Prime coffee.

"Kauai natural coffee" means natural coffee processed from cherry coffee which is grown in the geographic region of Kaua'i and which at least meets the minimum requirements of Kauai Natural Prime coffee.

"Kona coffee" means green coffee processed from cherry coffee which is grown in the geographic region of Kona and which at least meets the minimum requirements of Kona Prime green coffee.

"Kona mixed natural coffee" means a combination of green coffee and natural coffee processed from cherry coffee which is grown in the geographic region of Kona and which at least meets the minimum requirements of Kona Mixed Natural Prime coffee.

"Kona natural coffee" means natural coffee processed from cherry coffee which is grown in the geographic region of Kona and which at least meets the minimum requirements of Kona Natural Prime coffee.

"Maui coffee" means green coffee processed from cherry coffee which is grown in the geographic region of Maui and which at least meets the minimum requirements of Maui Prime green coffee.

"Maui mixed natural coffee" means a combination of green coffee and natural coffee processed from cherry coffee which is grown in the geographic region of Maui and which at least meets the minimum requirements of Maui Mixed Natural Prime coffee.

"Maui natural coffee" means natural coffee processed from cherry coffee which is grown in the geographic region of Maui and which at least meets the minimum requirements of Maui Natural Prime coffee.

"Mill" means a location where cherry coffee is processed into parchment coffee or parchment coffee is processed into green coffee, or both.

"Miller" means a person that processes cherry coffee into parchment coffee or processes parchment coffee into green coffee, or both.

"Moldy bean" means a bean with mold or evidence of mold growth.

"Molokai coffee" means green coffee processed from cherry coffee which is grown in the geographic region of Moloka'i and which at least meets the minimum requirements of Molokai Prime green coffee.

"Molokai mixed natural coffee means a combination of green coffee and natural coffee processed from cherry coffee which is grown in the geographic region of Moloka'i and which at least meets the minimum requirements of Molokai Mixed Natural Prime coffee.

"Molokai natural coffee" means natural coffee processed from cherry coffee which is grown in the geographic region of Molokai and which at least meets the minimum requirements of Molokai Natural Prime coffee.

"Mother bean" means a bean that is not solid and has a loosely wrapped cotyledon.

"Natural coffee" means coffee which has been processed from cherry coffee that has been dried with the husk on, or coffee which has been processed from parchment coffee with adhering mucilage.

"Oahu coffee" means green coffee processed from cherry coffee which is grown in the geographic region of Oahu and which at least meets the minimum requirements of Oahu Prime green coffee.

"Oahu mixed natural coffee" means a combination of green coffee and natural coffee processed from cherry coffee which is grown in the geographic region of Oahu and which at least meets the minimum requirements of Oahu Mixed Natural Prime coffee.

"Oahu natural coffee" means natural coffee processed from cherry coffee which is grown in the geographic region of Oahu and which at least meets the minimum requirements of Oahu Natural Prime coffee.

"Offgrade" is a descriptive term applicable to coffee which has a market value, and designates a quality lower than Hawaii No. 3 grade for green coffee, or the grade terms defined in section 4-143-11 for natural coffee, or the grade terms defined in section 4-143-12 for mixed natural coffee.

"Office of inspection" means the office of an authorized inspector of coffee.

"Parchment" means the portion of the fruit of the coffee plant consisting of the hull, from which the pulp has been removed, and the enclosed seed.

"Parchment coffee" means an agricultural commodity comprised of parchment.

"Partly black bean" means a bean that is darkly discolored only partially.

"Partly moldy bean" means a bean that is moldy only partially or shows evidence of mold growth only partially.

"Partly sour bean" means a bean that has a faint fermented flavor or odor and is partially buff or yellowish-brown in color.

"Partly stinker bean" means a bean that, on being freshly cut, gives off an unpleasant odor. A partly stinker bean may be partly light-brown or brownish or occasionally have a waxy appearance.

"Person" means any individual, partnership, corporation, or separate legal entity.

"Pod" means an intact dried cherry.

"Quaker" means a bean that is poorly developed, exceptionally light in weight, and is light in color when roasted.

"Quality" means the inherent properties or attributes of a product which determines its relative degree of excellence.

"Shell" means part of a bean that is thin, light in weight, and shell-like in appearance.

"Silver-skin" means the dried seed coat of the bean, which is tightly adhering, thin, tissue-like membrane covering the bean.

"Sour bean" means a bean that has a fermented odor or flavor. A sour bean is usually buff or yellowish-brown in color.

"Stick" means a slender piece of wood from a tree or shrub.

"Stinker bean" means a bean, upon being freshly cut, that gives off a very unpleasant odor. A stinker bean may be light-brown or brownish or occasionally have a waxy appearance.

"Stone" means a rock, a piece of a rock, or concreted earthy or mineral matter.

"Supervisor" means the coffee program specialist in the commodities branch of the department or a person designated by the manager of the commodities branch.

"Type I bean" means a bean which is produced two to a cherry and which is perceptively flat on one side and convex on the other.

"Type II bean" means a bean which is produced one to a cherry and is generally oval in shape and round in diameter. A type II bean, is also referred to as peaberry.

"Uniformly good green color" means all of the beans are of nearly the same green color, characteristic for the variety of properly grown and processed beans which have not undergone any material deterioration.

"Wet mill" means a location where cherry coffee is processed into parchment coffee.

"Wet miller" means a person that processes cherry coffee into parchment coffee.

History

[Eff 10/8/01; am and comp MAY 24 2014] (Auth: HRS §§ 147-4, 147-22) (Imp: §§ 147-4, 147-22)

Haw. Code R. § 4-143-4 REPEALED

History

R MAY 24 2014
The repealed version of this section by Hawaii Administrative Rules Listing of Filings, 2017-01, May, eff.5/27/2017 is not yet available.

Haw. Code R. § 4-143-5 REPEALED

History

R MAY 24 2014
The repealed version of this section by Hawaii Administrative Rules Listing of Filings, 2017-01, May, eff.5/27/2017 is not yet available.

Haw. Code R. § 4-143-6 Standards for grades of green coffee

(a) Hawaii Extra Fancy green coffee consists of Hawaii beans of one type, which are clean and possess a uniformly good green color, good roasting quality, and good aroma and flavor when brewed; which do not exceed twelve per cent or which do not contain less than nine per cent moisture by weight; which do not exceed eight full imperfections per three hundred grams as described in subsection (i); which do not exceed three per cent by weight other type beans; and which in the case of type I beans meet the minimum size requirement of size 19 and in the case of type II beans meet the minimum size requirement of size 13 as stated in subsection (j); provided that:

(1) Kona coffee which meets the requirements of this subsection may be classified as Kona Extra Fancy green coffee. This classification shall apply to Kona coffee only;

(2) Kauai coffee which meets the requirements of this subsection may be classified as Kauai Extra Fancy green coffee. This classification shall apply to Kauai coffee only;

(3) Maui coffee which meets the requirements of this subsection may be classified as Maui Extra Fancy green coffee. This classification shall apply to Maui coffee only;

(4) Molokai coffee which meets the requirements of this subsection may be classified as Molokai Extra Fancy green coffee. This classification shall apply to Molokai coffee only;

(5) Oahu coffee which meets the requirements of this subsection may be classified as Oahu Extra Fancy green coffee. This classification shall apply to Oahu coffee only; and

(6) Hawaii Island coffee which meets the requirements of this subsection may be classified as Hawaii Island Extra Fancy green coffee. This classification shall apply to Hawaii Island coffee only.

(b) Hawaii Fancy green coffee consists of Hawaii beans of one type, which are clean and possess a uniformly good green color, good roasting quality, and good aroma and flavor when brewed; which do not exceed twelve per cent or which do not contain less than nine per cent moisture by weight; which do not exceed twelve full imperfections per three hundred grams as described in subsection (i); which do not exceed three per cent by weight other type beans; and which in the case of type I beans meet the minimum size requirement of size 18, provided a larger size may be specified, and in the case of type II beans meet the minimum size requirement of size 12 as stated in subsection (j); provided that:

(1) Kona coffee which meets the requirements of this subsection may be classified as, Kona Fancy green coffee. This classification shall apply to Kona coffee only;

(2) Kauai coffee which meets the requirements of this subsection may be classified as Kauai Fancy green coffee. This classification shall apply to Kauai coffee only;

(3) Maui coffee which meets the requirements of this subsection may be classified as Maui Fancy green coffee. This classification shall apply to Maui coffee only;

(4) Molokai coffee which meets the requirements of this subsection may be classified as Molokai Fancy green coffee. This classification shall apply to Molokai coffee only;

(5) Oahu coffee which meets the requirements of this subsection may be classified as Oahu Fancy green coffee. This classification shall apply to Oahu coffee only; and

(6) Hawaii Island coffee which meets the requirements of this subsection may be classified as Hawaii Island Fancy green coffee. This classification shall apply to Hawaii Island coffee only.

(c) Hawaii No. 1 green coffee consists of Hawaii beans of one type, which are clean and possess a uniformly good green color, good roasting quality, and good aroma and flavor when brewed; which do not exceed twelve per cent or which do not contain less than nine per cent moisture by weight; which do not exceed eighteen full imperfections per three hundred grams as described in subsection (i); which do not exceed three per cent by weight other type beans; and which meet the minimum size requirement of size 16 for type I beans, provided a larger size may be specified, and size 10 for type II beans as stated in subsection (j); provided that:

(1) Kona coffee which meets the requirements of this subsection may be classified as Kona No. 1 green coffee. This classification shall apply to Kona coffee only;

(2) Kauai coffee which meets the requirements of this subsection may be classified as Kauai No. 1 green coffee. This classification shall apply to Kauai coffee only;

(3) Maui coffee which meets the requirements of this subsection may be classified as Maui No. 1 green coffee. This classification shall apply to Maui coffee only;

(4) Molokai coffee which meets the requirements of this subsection may be classified as Molokai No. 1 green coffee. This classification shall apply to Molokai coffee only;

(5) Oahu coffee which meets the requirements of this subsection may be classified as Oahu No. 1 green coffee. This classification shall apply to Oahu coffee only; and

(6) Hawaii Island coffee which meets the requirements of this subsection may be classified as Hawaii Island No. 1 green coffee. This classification shall apply to Hawaii Island coffee only.

(d) Hawaii Select green coffee consists of Hawaii beans, which are clean and which do not impart sour, fermented, moldy, medicinal, or other undesirable aromas and flavors when brewed; which do not exceed twelve per cent or which do not contain less than nine per cent moisture by weight; and which do not exceed five per cent defective beans, by weight, included therein not more than two per cent, by weight, sour, stinker, black, or moldy beans that equal full imperfections only, as described in subsections (i)(1) and (i)(2); which may be assigned a size classification as stated in subsection (j)(1); provided that:

(1) Kona coffee which meets the requirements of this subsection may be classified as Kona Select green coffee. This classification shall apply to Kona coffee only;

(2) Kauai coffee which meets the requirements of this subsection may be classified as Kauai Select green coffee. This classification shall apply to Kauai coffee only;

(3) Maui coffee which meets the requirements of this subsection may be classified as Maui Select green coffee. This classification shall apply to Maui coffee only;

(4) Molokai coffee which meets the requirements of this subsection may be classified as Molokai Select green coffee. This classification shall apply to Molokai coffee only;

(5) Oahu coffee which meets the requirements of this subsection may be classified as Oahu Select green coffee. This classification shall apply to Oahu coffee only; and

(6) Hawaii Island coffee which meets the requirements of this subsection may be classified as Hawaii Island Select green coffee. This classification shall apply to Hawaii Island coffee only.

(e) Hawaii Prime green coffee consists of Hawaii beans which are clean; which do not impart sour, fermented, moldy, medicinal, or other undesirable aromas and flavors when brewed; which do not exceed twelve per cent or which does not contain less than nine per cent moisture by weight; and which do not exceed twenty per cent defective beans, by weight, included therein not more than five per cent, by weight, sour, stinker, black, or moldy beans that equal full imperfections only, as described in subsections (i)(1) and (i)(2); which may be assigned a size classification as stated in subsection (j)(1); provided that:

(1) Kona coffee which meets the requirements of this subsection may be classified as Kona Prime green coffee. This classification shall apply to Kona coffee only;

(2) Kauai coffee which meets the requirements of this subsection may be classified as Kauai Prime green coffee. This classification shall apply to Kauai coffee only;

(3) Maui coffee which meets the requirements of this subsection may be classified as Maui Prime green coffee. This classification shall apply to Maui coffee only;

(4) Molokai coffee which meets the requirements of this subsection may be classified as Molokai Prime green coffee. This classification shall apply to Molokai coffee only;

(5) Oahu coffee which meets the requirements of this subsection may be classified as Oahu Prime green coffee. This classification shall apply to Oahu coffee only; and

(6) Hawaii Island coffee which meets the requirements of this subsection may be classified as Hawaii Island Prime green coffee. This classification shall apply to Hawaii Island coffee only;

(7) The defect tolerance of twenty per cent defective beans by weight shall be in effect until June 30, 2020. Beginning July 1, 2020, the defect tolerance shall be fifteen per cent defective beans by weight.

(f) Hawaii No. 3 green coffee consists of Hawaii beans which are clean; which do not impart sour, fermented, moldy, medicinal, or other undesirable aromas and flavors when brewed; which do not exceed twelve per cent or do not contain less than nine per cent moisture, by weight; and which do not exceed thirty-five per cent defective beans, by weight, included therein not more than five per cent, by weight, black, moldy, sour, or stinker beans that equal full imperfections only, as described in subsections (i)(1) and (i)(2). Use of the terms "Kona", "Kauai", "Maui", "Molokai", "Oahu", or "Hawaii Island" in conjunction with the term "No. 3" is prohibited.

(g) Offgrade is not a grade within the meaning of these standards but is a descriptive term applicable to green coffee which has a market value and designates a quality lower than Hawaii No. 3 green coffee. Use of the terms "Hamakua", "Hawaii", "Kau", "Kona", "Kauai", "Maui", "Molokai", "Oahu", or "Hawaii Island" in conjunction with the term offgrade is prohibited.

(h) Allowances and limitations stated in this section shall be applied to the entire lot, and a composite sample from the lot shall be used to determine the grade.

(i) Specific defects and the extent to which these defects affect grade in terms of imperfection equivalents shall be as follows:

(1) One bean that has more than fifty per cent of an equivalent full bean surface that is black or moldy shall equal one full imperfection;

(2) One bean that is more than faintly affected by a sour or stinker odor shall equal one full imperfection;

(3) One pod or piece of a pod that is more than fifty per cent equivalent of a full pod shall equal one full imperfection;

(4) One full husk or piece of a husk that is more than fifty per cent equivalent of a full husk shall equal one full imperfection;

(5) One full hull or piece of a hull that is more than fifty per cent equivalent of a full hull shall equal one full imperfection;

(6) One stone more than four millimeters in any dimension shall equal one full imperfection;

(7) One stick more than four millimeters and up to ten millimeters in length shall equal one full imperfection;

(8) One stick more than ten millimeters in length shall equal two full imperfections.

Where only a piece of a black bean, moldy bean, sour bean, stinker bean, pod, husk, or hull are present, and they do not equal one full imperfection as described in paragraphs (1), (2), (3), (4), and (5), each shall be scored as one-fifth of a full imperfection. For example, one bean with less than fifty per cent of its surface black shall be scored as one-fifth of a full imperfection.

A partly black, partly moldy, or partly sour bean, or a stick or a stone that does not equal one full imperfection as described in paragraphs (1), (2), (6), and (7) shall be scored as one-fifth of a full imperfection.

A quaker, shell, mother bean, or bean or a piece of a bean affected by damage by an insect or damage bya broken or cut bean shall be scored as one-fifth of a full imperfection.

A bean that is affected by not more than two pinholes caused by insect damage regardless of discoloration associated with the insect damage shall be scored as one-tenth of a full imperfection. The defect tolerance of one-tenth of a full imperfection of not more than two pinholes caused by insect damage regardless of discoloration associated with the insect damage shall be in effect until June 30, 2020. Beginning July 1, 2020, the defect tolerance shall be one-fifth of a full imperfection.

A bean that is affected by greater than two pinholes caused by insect damage regardless of discoloration associated with the insect damage shall be scored as one-fifth of a full imperfection.

Any other defect not listed in this subsection shall be scored as one-fifth of a full imperfection to the extent that these defects affect the quality or condition of the beans in the lot.

(j) Size classifications for green coffee shall be as follows:

(1) For type I green coffee:

(A) Size 11 shall consist of beans which will not pass through an 11/64 inch round hole;

(B) Size 14 shall consist of beans which . will not pass through a 14/64 inch round hole;

(D) Size 17 shall consist of beans which will not pass through a 17/64 inch round hole;

(E) Size 18 shall consist of beans which will not pass through a 18/64 inch round hole; and

(F) Size 19 shall consist of beans which will not pass through a 19/64 inch round hole; and

(2) For type II green coffee:

(A) Size 10 shall consist of beans which will not pass through a 10/64 inch slotted hole;

(B) Size 12 shall consist of beans which will not pass through a 12/64 inch slotted hole; and

In order to allow for variations incident to proper sizing for type I and type II green coffee, not more than a total of ten per cent, by weight, of the beans in any lot may be smaller than the size specified.

(k) When size or type is specified for Hawaii Select green coffee or Hawaii Prime green coffee, not more than a total of three per cent by weight other type beans shall be permitted in any lot.

History

[Eff 10/8/01; am and comp MAY 24 2014] (Auth: HRS §§ 147-4, 147-22) (Imp: HRS §§ 147-4, 147-22)

Haw. Code R. § 4-143-7 REPEALED

History

R MAY 24 2014
The repealed version of this section by Hawaii Administrative Rules Listing of Filings, 2017-01, May, eff.5/27/2017 is not yet available.

Haw. Code R. § 4-143-8 Provisions for enforcement, penalties and prosecution

(a) Any authorized inspector of the department may enter any public or private premises, including any vehicle of transport, during business hours to:

(1) Inspect for the quality, condition, and origin of coffee; and

(2) Enforce the labeling, record keeping, and certification requirements of this chapter.

(b) The inspector may take representative samples of the coffee for inspection.

(c) Any authorized inspector, upon determining that this chapter or chapter 147, Hawaii Revised Statutes, is being violated, may place a stop sale notice upon or near the coffee that is in violation. When a stop sale notice is issued:

(1) The coffee shall not be sold, offered for sale, transferred, moved off the premises, or otherwise disposed of until the stop sale notice has been removed by an authorized inspector or written permission is received from the department;

(2) No person shall remove, deface, or otherwise tamper with any stop sale notice except upon approval of an authorized inspector; and

(3) The stop sale notice shall be accompanied by a non-compliance notice issued by the department indicating the violation and corrective action required.

(d) Any person who violates any provision of this chapter may be subject to the actions, procedures, and penalties provided in sections 147-2 and 147-25, Hawaii Revised Statutes.

History

[Eff 10/8/01; am and comp MAY 24 2014] (Auth: HRS §§ 147-2, 147-22, 147-25) (Imp: HRS §§ 147-4, 147-24)

Haw. Code R. § 4-143-9 Abbreviations

Grade designations on labels for coffee shall be as stated in this chapter except that Hawaii may be abbreviated as "HI." or "Haw." and Extra may be abbreviated as "Ex.", provided that a period need not be used.

History

[Eff 10/8/01; am and comp MAY 24 2014] (Auth: HRS §§ 147-4, 147-22) (Imp: HRS §§ 147-4, 147-22)

Haw. Code R. § 4-143-10 REPEALED

History

R MAY 24 2014
The repealed version of this section by Hawaii Administrative Rules Listing of Filings, 2017-01, May, eff.5/27/2017 is not yet available.

Haw. Code R. § 4-143-11 Standards for grades of natural coffee

(a) Hawaii Natural Prime coffee consists of Hawaii coffee beans which have been processed from cherry coffee that has been dried with the husk on, or which has been processed from parchment coffee with adhering mucilage, of one type, which are clean and do not exceed thirteen per cent or which do not contain less than eight per cent moisture by weight, which do not exceed twenty per cent defective beans, by weight, as defined in section 4-143-6, included therein not more than five per cent by weight, black or moldy beans that equal full imperfections only, as described in section 4-143-6(i) (1). Sour or stinker beans, or partly sour or partly stinker beans are not considered defective beans.

(1) Kona natural coffee which meets the requirements of this subsection may be classified as Kona Natural Prime coffee. This classification shall apply to Kona natural coffee only;

(2) Kauai natural coffee which meets the requirements of this subsection may be classified as Kauai Natural Prime coffee. This classification shall apply to Kauai natural coffee only;

(3) Maui natural coffee which meets the requirements of this subsection may be classified as Maui Natural Prime coffee. This classification shall apply to Maui natural coffee only;

(4) Molokai natural coffee which meets the requirements of this subsection may be classified as Molokai Natural Prime coffee. This classification shall apply to Molokai natural coffee only;

(5) Oahu natural coffee which meets the requirements of this subsection may be classified as Oahu Natural Prime coffee. This classification shall apply to Oahu natural coffee only; and

(6) Hawaii Island natural coffee which meets the requirements of this subsection may be classified as Hawaii Island Natural Prime coffee. This classification shall apply to Hawaii Island natural coffee only.

(b) Size classifications for natural coffee shall be as follows:

(1) For type I natural coffee:

(A) Size 11 shall consist of beans which will not pass through a 11/64 inch round hole;

(B) Size 14 shall consist of beans which will not pass through a 14/64 inch round hole;

(D) Size 17 shall consist of beans which will not pass through a 17/64 inch round hole;

(E) Size 18 shall consist of beans which will not pass through a 18/64 inch round hole; and

(F) Size 19 shall consist of beans which will not pass through a 19/64 inch round hole; and

(2) For type II natural coffee:

(A) Size 10 shall consist of beans which will not pass through a 10/64 inch slotted hole;

(B) Size 12 shall consist of beans which will not pass through a 12/64 inch slotted hole; and

In order to allow for variations incident to proper sizing for type I and type II natural coffee, not more than a total of ten per cent, by weight, of the beans in any lot may be smaller than the size specified.

(c) When size is specified, not more than a total of three per cent by weight other type beans shall be permitted in any lot.

(d) Offgrade is not a grade within the meaning of these standards but is a descriptive term applicable to natural coffee which has a market value and designates a quality lower than Hawaii Natural Prime coffee. Use of the terms "Hamakua", "Hawaii", "Kau", "Kona", "Kauai", "Maui", "Molokai", "Oahu", or "Hawaii Island" in conjunction with the term offgrade is prohibited.

History

[Eff and comp MAY 24 2014] (Auth: HRS §§ 147-4, 147-22) (Imp: HRS §§ 147-4, 147-22)

Haw. Code R. § 4-143-12 Standards for grades of mixed natural coffee

(a) Hawaii Mixed Natural Prime coffee consists of a combination of Hawaii green coffee beans and Hawaii natural coffee beans which have been processed from cherry coffee that has been dried with the husk on, or which has been processed from parchment coffee with adhering mucilage, which are clean and do not exceed thirteen per cent moisture, by-weight or which do not contain less than eight per cent moisture, by weight, which do not exceed twenty per cent defective beans, by weight, as defined in section 4-143-6, included therein not more than five per cent by weight, black or moldy beans that equal full imperfections only, as described in section 4-143-6(i) (1). Sour or stinker beans, or partly sour or partly stinker beans are not considered defective beans.

(1) Kona mixed natural coffee which meets the requirements of this subsection may be classified as Kona Mixed Natural Prime coffee. This classification shall apply to Kona mixed natural coffee only;

(2) Kauai mixed natural coffee which meets the requirements of this subsection may be classified as Kauai Mixed Natural Prime coffee. This classification shall apply to "Kauai mixed natural coffee only; Maui mixed natural coffee which meets the requirements of this subsection may be classified as Maui Mixed Natural Prime coffee. This classification shall apply to Maui mixed natural coffee only;

(3) Molokai mixed natural coffee which meets the requirements of this subsection may be classified as Molokai Mixed Natural Prime coffee. This classification shall apply to Molokai mixed natural coffee only;

(4) Oahu mixed natural coffee which meets the requirements of this subsection may be classified as Oahu Mixed Natural prime coffee. This classification shall apply to Oahu mixed natural coffee only; and

(5) Hawaii Island mixed natural coffee which meets the requirements of this subsection may be classified as Hawaii Island Mixed Natural Prime coffee. This classification shall apply to Hawaii Island mixed natural coffee only

(6) The defect tolerance of twenty per cent defective beans by weight shall be in effect until June 30, 2020. Beginning July 1, 2020, the defect tolerance shall be fifteen per cent defective beans by weight.

(b) Size classification for mixed natural coffee shall be as follows:

(1) For type I mixed natural coffee:

(A) Size 11 shall consist of beans which will not pass through a 11/64 inch round hole;

(B) Size 14 shall consist of beans which will not pass through a 14/64 inch round hole;

(D) Size 17 shall consist of beans which will not pass through a 17/64 inch round hole;

(E) Size 18 shall consist of beans which will not pass through a 18/64 inch round hole; and

(F) Size 19 shall consist of beans which will not pass through a 19/64 inch round hole; and

(2) For type II mixed natural coffee:

(A) Size 10 shall consist of beans which will not pass through a 10/64 inch slotted hole;

(B) Size 12 shall consist of beans which will not pass through a 12/64 inch slotted hole; and

In order to allow for variations incident to proper sizing for type I and type II green or natural coffee, not more than a total of ten per cent, by weight, of the beans in any lot may be smaller than the size specified.

(c) When size is specified, not more than a total of three per cent by weight other type beans shall be permitted in any lot.

(d) Offgrade is not a grade within the meaning of these standards but is a descriptive term applicable to mixed natural coffee which has a market value and designates a quality lower than Hawaii Mixed Natural Prime coffee. Use of the terms "Hamakua", "Hawaii", "Kau", "Kona", "Kauai", "Maui", "Molokai", "Oahu", or "Hawaii Island" in conjunction with the term offgrade is prohibited.

History

[Eff and comp MAY 24 2014] (Auth: HRS §§ 147-4, 147-22) (Imp: HRS §§ 147-4, 147-22)

Haw. Code R. § 4-143-13 Record keeping

(a) Every person who produces, processes, transports, or distributes Hawaii-grown cherry, parchment, green, or natural coffee shall maintain records of each purchase, transport, or sale.

(b) Records shall include:

(1) The name, address, and telephone number of the seller;

(2) The name, address, and telephone number of the buyer;

(3) The name, address, and telephone number of the transporter;

(4) The quantity of Hawaii-grown coffee purchased, transported, or sold;

(5) The grade of Hawaii-grown coffee purchased, transported, or sold, if applicable;

(6) The date of the sale or purchase; and

(7) A lot number, tax map key, or other identifying mark for each transaction.

History

[Eff and comp MAY 24 2014] (Auth: § 147-4) (Imp: § 147-4)

Subtitle 8 DIVISION OF AGRICULTURAL RESOURCE MANAGEMENT

Chapter 150 RULES GOVERNING IRRIGATION WATER SERVICE TO CONSUMERS OF THE WAIMANALO IRRIGATION SYSTEM [Repealed]

Haw. Code R. §§ 4-150-1 to 4-150-22 Repealed

History

R MAR 17 2006

Chapter 151 RULES GOVERNING IRRIGATION WATER SERVICE TO CONSUMERS OF THE WAIMEA IRRIGATION SYSTEM [Repealed]

Haw. Code R. §§ 4-151-1 to 4-151-22 Repealed

History

R MAR 17 2006

Chapter 152 RULES GOVERNING IRRIGATION WATER SERVICE TO CONSUMERS OF THE MOLOKAI IRRIGATION SYSTEM [Repealed]

Haw. Code R. §§ 4-152-1 to 4-152-23 Repealed

History

R MAR 17 2006

Chapter 153 AGRICULTURAL PARK PROGRAM RULES

Subchapter 1 ADMINISTRATION

Haw. Code R. § 4-153-1 Definitions

As used in this chapter:

"Abandoned property" means any and all property including personal property, items, materials, equipment, fixtures, motor vehicles, or vessels, that have been left unattended on land owned or controlled by the State without authority for a continuous period of more than twenty-four hours.

"Administrator" means the head of the division of agricultural resource management, department of agriculture, or any officer or employee to whom authority has been duly designated.

"Agricultural or aquacultural activity" has the same meaning as defined in section 166-2, Hawaii Revised Statutes.

"Agricultural park" has the same meaning as defined in section 166-2, Hawaii Revised Statutes.

"Agricultural processing" means the processing of agricultural produce or products, including dairying, grown, raised or produced in Hawaii.

"Applicant" means any person, association, partnership, or corporation, other than a holder of record having a security interest, which acts to acquire or obtain an agricultural park lease or any interest therein, including a sublease, or an interest in an association or a partnership which holds the lease or stock in a corporation which holds the lease.

"Board" means the board of agriculture.

"Bona fide farmer" means a person who:

(1) Was an owner-operator of an established farm conducting a substantial farming operation and for a substantial period of the person's life resided on a farm or depended on farm income for livelihood; or

(2) Has not less than two years' experience as a full-time farmer or four years' experience as a part-time farmer and who, in the administrator's judgment, is likely to successfully operate a farm by reason of ability, experience, and training as a vocational trainee.

The term "bona fide farmer" includes agricultural cooperatives organized under chapter 421, Hawaii Revised Statutes, or other agricultural associations or partnerships, at least seventy-five per cent of the members of which would qualify individually as bona fide farmers. It also includes corporations incorporated primarily for agricultural production purposes where at least seventy-five per cent of the stock issued by the corporation is owned by persons who qualify individually as bona fide farmers. For the purposes of this chapter, "bona fide farmer" also includes "qualified aquaculturalist" as defined in section 219-2, Hawaii Revised Statutes.

"Chairperson" means the chairperson of the board of agriculture.

"Corporate successor" means a solely-owned corporation which, through assignment of lease, succeeds an agricultural park lessee who shall own all of the stock issued by and be the principal officer of the corporation.

"Department" means the department of agriculture.

"Displaced farmer" means a person who is or will be displaced from land that was condemned, taken, or repossessed by a governmental authority or private person.

"Division" means the agricultural resource management division of the department of agriculture.

"Economic unit" means the minimum size land area that is economically suitable for the operation of a farm.

"Farm" also means "ranch" and "farmer" also means "rancher."

"Farm dwelling" means a single-family dwelling or employee dwelling located on a farm and used in connection with agricultural or aquacultural activities.

"Holder of record having a security interest" means a person who is the owner or possessor of a security interest in any land covered in section 4-153-35 and who has filed a copy of the interest with the department and the bureau of conveyances of the State.

"New farmer" means a person who is:

(1) A college or community college graduate in agriculture or aquaculture who has less than two years' experience as a full-time farmer or less than four years' experience as a part-time farmer; or

(2) A person who by reason of ability, experience, and training as a vocational trainee is likely to successfully operate a farm, as determined by the administrator.

"Non-conforming use" means a use formerly permitted but presently incompatible with the permitted land use in a zoning district.

"Person" means an individual, or partnership, corporation, association, or agricultural cooperative organized under chapter 421, Hawaii Revised Statutes, except as otherwise defined in this chapter.

"Public purpose", as used in this chapter, unless the context clearly indicates otherwise, means all public uses, including but not limited to the straightening of boundaries of public lands, acquisition of access to landlocked public lands, the consolidation of holdings of public lands and the development of agricultural parks and residential, commercial, industrial, or resort projects on public lands.

"Qualified aquaculturalist" means a person who:

(1) Is actively engaged in aquaculture farming, aquacultural produce processing, or aquacultural product development activities; and

(2) Is a bona fide farmer or new farmer as defined in this chapter.

"State" means the State of Hawaii.

History

[Eff 3/6/92; am and comp] (Auth: HRS § 166-9) (Imp: HRS §§ 166-2, 166-9)

Haw. Code R. § 4-153-2 Administration of agricultural park program

Responsibility for the administration of the agricultural park program shall be placed within the agricultural resource management division, under the direction of the administrator.

History

[Eff 3/6/92; am and comp] (Auth: HRS § 166-3) (Imp: HRS § 166-3)

Haw. Code R. § 4-153-3 Powers

(a) The administrator shall have the power to:

(1) Accept and process applications for agricultural park leases;

(2) Disapprove agricultural park lease applications when the prospective applicant is unable to meet the requirements of the agricultural park program or the criteria for the particular lease disposition;

(3) Recommend for board action the disposition of agricultural park lands to qualified applicants;

(4) Collect rents, assessments, and other fees and charges;

(5) Recommend for board action cancellation of leases where due notice of breach or default has been provided;

(6) Issue non-renewable dispositions granting easements, permits and rights of entry for a period not in excess of fourteen days for use consistent with the purposes of this chapter;

(7) Administer and manage the agricultural park special fund; and

(8) Recommend for board action lease rentals as provided in section 4-153-18.

(b) The board shall have the power to:

(1) Approve of plans to develop agricultural parks;

(2) Establish, operate, maintain, and improve agricultural park infrastructure;

(3) Award and cancel leases, issue revocable permits, easements, and rights of entry covering agricultural park lands for use consistent with agricultural park purposes;

(4) Approve the transfer, assignment, or sublease of an agricultural park lease or any interest therein, including the transfer of stock of a corporation holding the lease, or the interest in an association or partnership holding the lease. To the extent the board reserves such a right in the lease, upon the transfer, assignment, or sublease of an agricultural park lease or any interest therein, the board may establish additional restrictions, terms, or conditions not inconsistent with this chapter to insure and promote the purposes of the demised lands;

(5) Establish additional criteria for the selection of lessees not inconsistent with those prescribed in this chapter, relating to the intended use of particular land being disposed of, the financial feasibility of lot development, or the terms of the lease, the criteria to be included in the public notice of lease disposition;

(6) Establish conditions of award which must be met to the satisfaction of the administrator prior to lease execution, the conditions to be included in the public notice of lease disposition;

(7) Establish reasonable fees for services rendered by the division and for preparation of documents to be issued;

(8) Waive rental payments due to natural catastrophes and other external factors beyond the lessee's control and determine the period for the waiver;

(9) Delegate to the chairperson or the administrator, subject to the board's control and responsibility, such powers and duties as may be lawful or proper for the performance of functions vested in the board; and

(10) Establish lease rentals as provided in section 4-153-18.

History

[Eff 3/6/92; am and comp] (Auth: HRS § 166-9) (Imp: HRS §§ 166-3, 166-5, 166-6, 166-7, 166-10, 171-11)

Haw. Code R. § 4-153-4 Right to inspect

The administrator or the administrator's authorized representative has the right to inspect, at reasonable hours, the leased property in an agricultural park, and the improvements, crops, livestock, equipment, chattels, books, and records of the lessee in connection with the administration of the lease.

History

[Eff 3/6/92; am and comp] (Auth: HRS § 166-9) (Imp: HRS § 166-6)

Haw. Code R. § 4-153-5 Application for leases

(a) Unless otherwise provided in a public notice of disposition of agricultural park lands, the applicant shall file an application with the department at the following location:

Agricultural Resource Management Division

State Department of Agriculture

1428 South King Street

Honolulu, Hawaii 96814

Mailing address: P. O. Box 22159

Honolulu, HI 96823-2159

(b) The applicant shall file an application on forms furnished by the department, together with any supporting documentation required to verify qualification. Financial statements in a format acceptable to the department are required as part of the application.

(c) The department shall require a completed application for review and shall notify the applicant of a deficient application. If the applicant fails to provide the necessary documentation or correction within ten (10) days of notification of deficiency, the application shall be deemed incomplete and disapproved.

(d) Each applicant shall authorize the department in writing to verify the applicant's qualifications and any other information submitted.

History

[Eff 3/6/92; comp] (Auth: HRS § 166-9) (Imp: HRS § 166-7)

Haw. Code R. § 4-153-6 Fees and charges

(a) Fees for the processing of public documents and records shall be charged as follows:

(1) Lease, Assignment of Lease, Sublease, Consent to Mortgage, Collateral Agreement, and all other documents: $30.00/document

(2) Copy of public document: $.50/page

(b) The cost of appraisals, surveys, public notices, lease closing and other services relating to lot disposition, reopening or assignment which are incurred by the department shall be charged to the lessee upon completion of the relevant lease transaction.

(c) When a notice of lease disposition covers more than one lot or parcel, each lessee shall bear a pro rata share of the cost of the services referenced in subsection (b) and the share shall be determined by the administrator.

History

[Eff 3/6/92; comp] (Auth: HRS § 166-9) (Imp: HRS § 166-6)

Haw. Code R. § 4-153-7 Report on all dispositions

The department shall submit, as part of its annual report required by section 141-1(7), Hawaii Revised Statutes, a report on all dispositions made in the preceding year, the persons to whom made, the size of each disposition, the use, the tax map key number, the base rental and any additional rental, and method of disposition.

History

[Eff 3/6/92; comp] (Auth: HRS § 166-9) (Imp: HRS § 141-1(7))

Subchapter 2 PLANNING AND DEVELOPMENT

Haw. Code R. § 4-153-8 Planning

(a) The division from time to time shall:

(1) Reassess the agricultural park program and define new directions and priorities for the program;

(2) Identify and analyze potential agricultural parks required to support the development of agricultural industries in the State; and

(3) Select and recommend suitable sites for future agricultural park projects to meet the needs of agricultural commodity industries.

(b) Prior to the development of an agricultural park project, and subject to section 166-4, Hawaii Revised Statutes, the division shall prepare or cause to be prepared plans and specifications as a package for board action, including but not limited to:

(1) Site selection analysis, including preliminary site inspection and boundary mapping, sufficient to establish the suitability of the land for its intended uses;

(2) Development plan and preliminary engineering report, including alternative land use plans and infrastructure requirements, configurations, and costs required to service the project area, and schedule of governmental permits and approvals required to implement the project;

(3) Agricultural feasibility analysis, including agronomic suitability and production capability of the project area, identification of potential markets, costs and economic returns to farm production at the site, and recommended lot sizes;

(4) Environmental impact statement prepared in accordance with chapter 11-200, Hawaii Administrative Rules (Department of Health);

(5) Land use district boundary amendment and county plan and zoning amendments as required for the project;

(6) Survey and cadastral work, including topographic and feature map, profile and cross section survey, preliminary and final subdivision map, parcel descriptions, and installation of property pins for individual lots;

(7) Design of project improvements (such as roads and irrigation facilities), including construction drawings and specifications, cost estimates, soils and drainage reports, quantity takeoffs, approval signatures from permitting agencies, and arrangements for utilities installations; and

(8) Consultation and advice during construction phase, including resolution of problems due to unforeseen conditions, approval of substitutions by the contractor, and as-built drawings.

(c) If the agricultural park improvements are to be developed exempt from county zoning and subdivision requirements pursuant to section 166-4, Hawaii Revised Statutes, the project plans and specifications shall include detailed information on the method and costs of maintaining the exempt improvements.

History

[Eff 3/6/92; am and comp] (Auth: HRS § 166-9) (Imp: HRS §§ 166-3, 166-4, 166-9)

Haw. Code R. § 4-153-9 Development

The division shall cause agricultural park infrastructure improvements approved by the board to be established, improved, operated, and maintained.

History

[Eff 3/6/92; comp] (Auth: HRS § 166-9) (Imp: HRS §§ 166-3, 166-4, 166-9)

Subchapter 3 JOINT VENTURES

Haw. Code R. § 4-153-10 Development of joint ventures

(a) As provided by section 166-5, Hawaii Revised Statutes, the board may enter into a partnership agreement with a federal agency, a county, or a private party for development and subdivision of an agricultural park, which may include irrigation systems.

(b) "Partner" means a person, firm, corporation, partnership, association, trust, or other legal entity, or a combination of any thereof, who or which has experience in the development and subdivision of land for agricultural or aquacultural uses and has the financial ability satisfactory to the board to develop, and subdivide land and enter into a joint venture as provided in this section.

History

[Eff 3/6/92; comp] (Auth: HRS §§ 166-5, 166-9) (Imp: HRS §§ 141-1, 166-3, 166-4, 166-5)

Haw. Code R. § 4-153-11 Planning; joint ventures

(a) Prior to entering into a partnership agreement, the board shall:

(1) Determine:

(A) Whether the lands shall be developed by disposition or contract;

(B) The location, area, and size of the lands to be developed;

(D) The estimated period of time to construct and complete the development;

(E) Minimum requirements for on-site and off-site improvement, if any; and

(F) Such other terms and conditions as shall be deemed necessary by the board;

(2) Set the minimum or upset rental and additional rental, if any, on the basis of an appraisal report prepared by an appraiser for the board, determining the rental value of the lands for the use or uses for which they are to be developed using generally accepted appraisal methods; the appraised value may be adjusted as provided in section 4-153-18;

(3) Give notice of the proposed partnership agreement by publication at least once in each of three successive weeks in a newspaper of general circulation in the State. The notice shall invite interested persons to submit applications to be selected as the partner for the project. The notice shall also state in general terms the size, location, the minimum rental and additional rent, if any, of the area to be developed, the minimum requirements for any required off-site and on-site improvement, the maximum estimated period of time to install and complete the construction of any required improvement, the use or uses to which such lands shall be put, the last date on which applications will be received by the department, which date shall not be less than thirty days or more than ninety days after the last date of publication of such notice, and the times and places at which more detailed information with respect to the partnership agreement may be secured by interested persons;

(4) Require each interested person to include a financial statement, and performance and experience records in agricultural or related development; provided that the board may also, in its discretion, require the interested person to submit answers, under oath, to questions contained in a questionnaire prepared by the department;

(5) Require each interested person to submit a sealed bid, which shall include a development plan in as much detail as possible including but not limited to the following: the interested person's proposal as to how and when the person intends to develop the land in partnership with the board, including any permitted incremental development, the amount of money the person intends to commit to the total project, the method of recovery of the interested person's costs and profits, the amount the person agrees to pay to develop the land, and the income the board will receive from leases;

(6) Establish reasonable criteria for the selection of a private party or parties as a partner; and

(7) Determine within forty-five days of the last day for filing applications the person or persons who meet the criteria for selection set by the board, and notify all persons who submitted applications of the board's determination within seven days of such determination. Any person may examine the basis of the determination, which shall be in writing, to ascertain whether or not the conditions and criteria established by the board were followed; provided that if any person does not notify the board of any objections and the grounds therefore, in writing, within ten days of such notice, the person shall be barred from proceeding to seek legal remedy for an alleged failure of the board to follow the conditions and criteria.

(b) If only one person meets the criteria for selection as the partner, the board then may enter into a partnership agreement with the partner; provided that the terms of the partnership agreement shall not be less than those proposed by the partner in the application. If two or more persons meet the criteria for selection, the board shall consider all of the relevant facts of the partnership agreement, the proposals submitted by each person, the experience and financial capability of each person, and shall within forty-five days from the date of selection of the persons that met the criteria, select the person who submitted the best proposal. The board then may negotiate the details of the partnership agreement;

provided that the terms of the agreement shall not be less than those proposed by the partner in the application.

History

[Eff 3/6/92; am and comp] (Auth: HRS §§ 166-5, 166- 9) (Imp: HRS §§ 166-3, 166-4, 166-5)

Haw. Code R. § 4-153-12 Terms of joint venture

Any partnership agreement for a joint venture shall be approved by the board and shall be in conformity with section 166-5, Hawaii Revised Statutes. The terms of a partnership agreement for joint venture shall include the following, wherever appropriate:

(1) The development and subdivision shall comply with appropriate state and county zoning and subdivision requirements; provided that, pursuant to section 166-4, Hawaii Revised Statutes, the development and subdivision may be exempt from the requirements.

(2) The partners shall file with the department a good and sufficient bond conditioned upon the full and faithful performance of all the terms, covenants, and conditions of the partnership agreement.

(3) The dates on which the partner must submit to the board for approval the preliminary plans and final plans and specifications for the total development. No construction shall commence until the board has approved the final plans and specifications, provided that with board approval, construction on an incremental basis may be permitted.

(4) The date of completion of the total development, including the date of completion of any permitted incremental development.

(5) The minimum requirements for off-site and on-site improvements that the partner must install, construct, and complete by the date of completion of the total development. The board may permit incremental development and establish the minimum requirements for off-site and on-site improvements that must be installed, constructed, and completed prior to the date of completion of the total development.

(6) A partnership agreement may provide that the board shall issue a lease to the nominees of the partner, including the partner, pursuant to the terms previously negotiated and agreed upon between the partner and the board, including lease rent to the lessee and method of recoupment of expenses by the partner.

(7) In the event of a lease the partner may be permitted, after he has completed construction of any required offsite improvement, to assign or sublease with board approval portions of the leased lands in which the construction of any offsite improvement has been completed to an assignee or sublessee who shall assume the obligations of the partner relative to the parcel being assigned or subleased, including the construction of any onsite improvement. The board may permit a partner to share in the lease rent for a fixed period in order to recover costs and profit.

(8) The board may include in any partnership agreement or lease, provisions concerning notice of breach or default, rights of a holder of a security interest, and consent to mortgage as set forth in this chapter.

(9) Other terms and conditions set by the board.

History

[Eff 3/6/92; am and comp] (Auth: HRS §§ 166-5, 166-9) (Imp: HRS §§ 166-3, 166-4, 166-5)

Subchapter 4 ELIGIBILITY REQUIREMENTS

Haw. Code R. § 4-153-13 General eligibility requirements for agricultural park lands

(a) Any person shall be eligible to apply for an agricultural park lease if the person:

(1) Is a citizen of the United States who has resided in the State for at least three years or is a permanent status alien who has resided in the State for at least five years; and

(2) Is a bona fide farmer or new farmer as defined in this chapter;

(b) In the case of agricultural cooperatives, associations, partnerships and corporations, the residence requirement must be met by seventy-five per cent of the members, partners or stockholders who are bona fide farmers, new farmers or qualified aquaculturalists.

(c) No person shall be eligible to lease agricultural park lands who has had during the five years preceding the date of disposition a previous sale, lease, license, permit, or easement covering public lands canceled for failure to satisfy the terms and conditions thereof.

(d) No person shall be eligible to lease agricultural park land who is in arrears in the payment of taxes or other obligations to the State or any of its counties.

History

[Eff 3/6/92; am and comp] (Auth: HRS §§ 166-7, 166-9) (Imp: HRS §§ 166-7, 166-9)

Haw. Code R. § 4-153-14 Permanent register for agricultural park lands

The administrator shall establish and maintain a register in which all persons desiring to acquire agricultural park lands may register. The administrator shall determine the information required from each registrant and may establish a criteria for registration.

History

[Eff 3/6/92; comp] (Auth: HRS § 166-9) (Imp: HRS §§ 166-3, 166-9)

Subchapter 5 QUALIFICATIONS OF APPLICANTS

Haw. Code R. § 4-153-15 All applicants

(a) In addition to satisfying the general eligibility requirements of section 4-153-13, all agricultural park applicants shall qualify as bona fide farmers or new farmers, as defined, and shall demonstrate ability to perform the lease terms and shall provide the following information, at a minimum, to the department:

(1) A resume with periods of farming experience identified by month and year;

(2) A preliminary plan of utilization and development of agricultural park land, including a financial projection of the estimated cost of the development;

(3) State and county tax clearances including general excise tax;

(4) An affidavit that the applicant is not delinquent in any obligation to the State or any of its political subdivisions and that the applicant has not had a sale, lease, license, permit or easement covering public land canceled for failure to satisfy any terms or conditions thereof;

(5) A financial statement, in the format outlined in the application instructions, including a balance sheet current within six months; and

(6) Copies of state income tax returns for the last five years.

(b) Additionally, applicants which are partnerships, corporations, associations or agricultural cooperatives shall provide the following information:

(1) In the case of a corporation, a copy of articles of incorporation reflecting date of filing, purpose of the corporation, and disclosure of all directors and officers.

(2) In the case of an association, partnership, corporation, or agricultural cooperative, a resume of associates, partners, directors and officers, and members, with periods of farming experience identified by months and years.

(c) Whenever the board establishes additional criteria for the selection of lessees, pursuant to section 4-153-3(b)(5), in support of qualification, each applicant shall provide documentation to the satisfaction of the department.

History

[Eff 3/6/92; comp] (Auth: HRS §§ 166-7, 166-9) (Imp: HRS §§ 166-7, 166-9)

Subchapter 6 PREFERENCE RIGHTS

Haw. Code R. § 4-153-16 Preference right

Any person otherwise qualified to take an agricultural park lot shall have preference in any disposition of agricultural park lots if the person:

(1) Is a veteran who served in the military forces of the United States and who was honorably discharged therefrom;

(2) Is a displaced farmer who within a five-year period preceding the application is the former owner or lessee of farm premises that were condemned, taken, or repossessed by a governmental authority or private person;

(3) Is an owner or lessee in possession of farm premises that will be condemned, taken, or repossessed by a governmental authority or private person, for any reason, and will be a displaced farmer within ten years following the application date for an agricultural park lot;

(4) Operates a farm located in a zoning district where agricultural use is a nonconforming use; or

(5) Is a new farmer as defined in section 4-153-1.

History

[Eff 3/6/92; am and comp] (Auth: HRS §§ 166-8, 166-9) (Imp: HRS § 166-8)

Haw. Code R. § 4-153-17 Proof of preference status

(a) Any applicant claiming preference status shall furnish proof of veteran status, displacement or potential displacement, nonconformance to zoning, or new farmer qualification as called for in the instructions to applicants and which shall be submitted together with the application.

(b) Willful sale or surrender of a farm shall disqualify an applicant as a displaced farmer.

History

[Eff 3/6/92; am and comp] (Auth: HRS §§ 166- 8, 166-9) (Imp: HRS § 166-8)

Subchapter 7 APPRAISALS AND SETTING OF LEASE RENTS

Haw. Code R. § 4-153-18 Appraisals and setting of lease rents

(a) Public auction. The appraisal of agricultural park lands for the determination of the upset lease rental at public auction may be made by an employee of the department qualified to appraise lands, or by one but not more than three disinterested appraisers contracted for by the administrator; provided that the upset lease rental shall be determined by disinterested appraisal when prudent management so dictates. Except as otherwise provided in this subchapter, no such lands shall be leased for a sum less than the rental value fixed by appraisal; provided that for any lease at public auction, the board may establish the upset lease rental at less than the appraisal value set by an employee of the department and the land may be leased at that price. The department shall be reimbursed by the lessee for the cost of any appraisal made by a disinterested appraiser or appraisers contracted for by the department.

(b) Drawing or negotiation. The base rental and additional rental of agricultural park lands to be disposed of by drawing or by negotiation shall, except as otherwise provided in this subchapter, be no less than the rental value determined by a disinterested appraiser or appraisers contracted by the administrator, and such appraisal, and any further appraisal which is made at the request of the lessee and with the approval of the department, shall be reimbursed to the department by the lessee.

(c) Reopening. In the case of reopenings of the rental for an agricultural park lease, the base rental and additional rental for any ensuing period shall be the rental value at the time of reopening determined in accordance with generally accepted appraisal methods. At least six months prior to the time of reopening, the rental value of the land in the specific use or uses for which the disposition was made shall be determined by an appraiser whose services shall be contracted for by the administrator, and the lessee shall be promptly notified of the determination; provided that should the lessee disagree with the appraised rental, the lessee may appoint the lessee's own appraiser who together with the department's appraiser shall appoint a third appraiser, and the appraised rental shall be determined by arbitration as provided in chapter 658, Hawaii Revised Statutes. In that case the lessee shall pay for the lessee's own appraiser, the department shall pay for its appraiser, and the cost of the third appraiser shall be borne equally by the lessee and the department.

Automatic escalation of the appraised rental at reopening may be permitted. The increase shall be based on the "Consumer Price Index for all Urban Consumers, U.S. City Average", published monthly by the Bureau of Labor Statistics of the U.S. Department of Labor, labeled as "CPI". The calculation of the escalated value shall be based on a base index and a reopening period index, both of which are arithmetic averages over a set period of time. The quotient of these two indexes will set the rate of increase, which is then multiplied by the existing rental, giving the rental for the ensuing period.

In the event publication of the CPI is discontinued or not available, any comparable statistics, equivalent to the CPI, published by an agency of the United States or by a responsible financial periodical of recognized authority, shall be used to calculate the indexes as described in the preceding paragraph.

The CPI computation shall be conclusive and binding, but shall not preclude any adjustment in the event of a published amendment to the CPI or an error in the computation; provided the lessee, within thirty days after receipt of notice, shall notify the lessor of the claimed error or dispute therein.

(d) Assignment of lease. In the event of an assignment of lease, the base rental and additional rental for any ensuing period may be redetermined by the board pursuant to appraisal conducted by a disinterested appraiser or appraisers contracted by the administrator; provided that the base rental and additional rental shall be the rental value at the time of assignment determined by generally accepted appraisal methods. The cost of redetermining the base rental and additional rental shall be borne by the lessee.

(e) When more than one appraiser is appointed each shall prepare and submit an independent appraisal. All appraisal reports shall be available for review by the public.

(f) Notwithstanding anything to the contrary contained in this chapter 4-153, the administrator may recommend to the board for approval an adjustment of an appraised value. The administrator may recommend using any of the following adjustments.

(1) An adjustment of the fee simple value determined through appraisal as necessary to maintain equitable fee simple values between, among, or throughout the department's agricultural park system for parks having the same designated use and which are put out to lease within twelve months of each other.

(2) An adjustment of the rental value determined through appraisal by:

(A) Applying a percentage of the rate of return used in the appraisal instead of the appraisal's rate of return. An adjusted rate of return may be applied in the following cases:

(i) For those uses which require extensive or large capital expenditures to meet lease terms and conditions;

(ii) For those uses involving a crop of low yield value; and

(iii) For those uses involving a crop or product which does not generate revenues for a substantial period of time after award of the lease, provided that the adjusted rate of return shall apply only for the period of time in which revenues are not generated.

(B) Factoring in an agricultural park lot's unproductive acreage, e.g., drainageways, wastelands, restricted easements, common usage, and uncontributory land areas, for those agricultural park lots for which the specified use is for crops to be grown "in the soil or ground."

(C) Factoring in extraordinary start-up costs for those crops or uses which require heavy initial capital investments before any returns are realized, e.g., shadehouse crops, wetland crops, etc., or those crops or uses which have unusually little or no return during the initial years of the lease.

(D) Delaying collection of the rental for those crops or specific uses where no income is realized during the first five to seven years. Generally, this adjustment would apply to orchard type crops where a plant must reach a certain maturity before bearing fruit, e.g., macadamia nut trees and guava and other tropical fruit plants. The proposed rental structure may factor in the no revenue years with low rent and the revenue years with a "catch-up" rent, making a multi-tier rental structure during the initial rental period.

(3) An adjustment of the rental determined through appraisal at the time of reopening or conversion, as the case may be, by:

(A) Factoring in the income for a particular lessee using a percentage increase that reflects the increase in the agricultural use value of the leasehold since commencement of the lease.

(B) Using an appropriate index (e.g., consumer price index, producers' price index, etc.) to calculate an escalation of the rental over a specified period of time.

History

[Eff 3/6/92; am and comp] (Auth: HRS §§ 166-6, 166-9) (Imp: HRS § 166-6)

Subchapter 8 DISPOSITION OF LEASES

Haw. Code R. § 4-153-19 Negotiation

(a) A lease of agricultural park land may be disposed of through negotiation upon a finding by the board that the public interest demands it.

(b) After a determination is made to negotiate the disposition of a lease, the administrator shall:

(1) Give public notice in accordance with the procedure set forth in section 4-153-22(b), of the department's intention to lease agricultural park land through negotiation, setting forth the minimum conditions thereunder, and the uses for which the land will be leased. Any person interested in securing the lease shall file an application with the administrator not later than forty-five days after the first publication of the notice;

(2) Determine the applicants who meet the criteria for selection set by the board and notify all applicants of the administrator's determination. Any applicant may examine the basis of the determination, which shall be in writing, to ascertain whether or not the conditions and criteria established by the board were followed; provided that if any applicant does not notify the administrator of the applicant's objections, and the grounds therefor, in writing, within twenty days of the receipt of the notice, the applicant shall be barred from proceeding to seek legal remedy for any alleged failure of the department to follow the conditions and criteria.

(c) If only one applicant meets the criteria for selection of the lessee, the board may, after notice as provided in subsection (b)(2), dispose of the lease by negotiation.

(d) If two or more applicants meet the criteria for the selection of the lessee, the board shall select the lessee who submits the highest offer contained in a sealed bid deposited with the administrator.

(e) Disposition of agricultural park lands set aside for common use or for the processing of agricultural products may be negotiated without regard to the limitations set forth in this section and section 4-153-22; provided that the disposition encourages competition within the agricultural processing industry and shall not exceed a maximum term of thirty-five years.

(f) The lease shall be issued when conditions of the award of lease are fulfilled. (g) Notwithstanding the provisions of this section and section 4-153-22, the board may renegotiate leases as provided in section 4-153-3.

History

[Eff 3/6/92; comp] (Auth: HRS §§ 166-6, 166-9) (Imp: HRS § 166-6)

Haw. Code R. § 4-153-20 Drawing of lot

When the board determines that agricultural park lands are to be leased by drawing, the administrator shall give public notice inviting applications for the drawing as provided in section 4-153-22, with such details concerning the drawing as it deems necessary and desirable. Applications to participate in the drawing shall be filed with the department within two weeks after the last publication date of the notice. Within not more than one hundred twenty days after the closing date for applications, the administrator shall screen the qualifications of the applicants, select those qualified to participate, notify all applicants of the selection, and conduct a drawing. The date of the drawing shall be published as set forth in section 4-153-22. All applicants shall be notified of the results of the drawing, and the award of leases shall be made by the board at its next regularly scheduled meeting. The lease shall be issued when conditions of the award of lease are fulfilled.

History

[Eff 3/6/92; comp] (Auth: HRS §§ 166-6, 166-9) (Imp: HRS § 166-6)

Haw. Code R. § 4-153-21 Public auction

(a) Disposition of agricultural park lands may be made at public auction after public notice as provided in section 4-153-22. All public auctions shall be held at the department or at any other convenient place in the district in which the land is located, and shall be conducted by the administrator or by an authorized employee of the division under the direction of the administrator, who shall perform this service without extra compensation.

(b) To be eligible to bid in an auction for an agricultural park lease, a bidder shall qualify as a bona fide farmer or new farmer as defined in this chapter.

History

[Eff 3/6/92; comp] (Auth: HRS §§ 166-6, 166-9) (Imp: HRS § 166-6)

Haw. Code R. § 4-153-22 Notices

(a) Each notice of proposed lease disposition shall contain the following information:

(1) General information regarding all the parcels or lots offered for lease, such as time and place of disposition, terms and conditions of disposition, qualification of applicants, procedure for filing application, conditions of award, if any, and time and place at which more detailed information regarding the lease disposition may be obtained; and

(2) Specific information pertaining to the individual parcels or lots offered for lease such as the parcel or lot number, its description, location and area, minimum, base, or upset rental, basis for additional rent if any, method of payment, purpose for which leased, the term of lease, building requirement, and other such covenants and conditions; and

(3) The lessee's responsibility for applicable lease disposition costs pursuant to section 4-153-6.

(b) Negotiation. Notice of a proposed disposition by negotiation shall be published at least once in each of three successive weeks in a newspaper of general circulation in the State and in addition in a newspaper of general circulation in the appropriate county. The notice shall invite proposals and state in general terms the size, location, and minimum rental of lots to be leased, the terms of lease, and the last date on which application shall be received by the department, which date shall be not less than thirty days after the last date of publication of the notice.

(c) Drawings. Whenever a disposition by drawing by lots is proposed, notice inviting applications to participate in the drawing shall be published once a week for three successive weeks in a newspaper of general circulation published in the State and, in addition, in a newspaper of general circulation in the appropriate county. The notice shall contain:

(1) The qualifications required of applicants;

(2) A general description of the land, including the location and tax map key;

(3) The specific use for which the disposition is intended;

(4) Base rental to be charged, and basis for additional rent, if any; and

(5) The date by which all applications shall be filed, which date shall be not less than fourteen days after the last publication date.

Within not more than one hundred twenty days after the closing date for applications, the administrator shall select those qualified to participate in the drawing, notify all applicants as to whether or not they qualified, and conduct the drawing. The notice of selection of applicants qualified to participate in the drawing, together with the notice of drawing, shall be mailed to each applicant, whether or not the applicant in fact qualified. The notice of the drawing shall state the time and place of the drawing. In addition to the notice to each applicant, the administrator shall publish the notice of drawing at least three times within a period of ten days in a newspaper of general circulation in the State and, in addition, in a newspaper of general circulation in the appropriate county, each publication to be not more often than once in two successive days. Upon completion of the drawing, the award of leases shall be announced at the next regularly scheduled meeting of the board and the lease issued when conditions of the award are fulfilled.

(d) Auctions. Notice of any proposed disposition by public auction shall be published at least once in each of three successive weeks in a newspaper of general circulation in the State and, in addition, in a newspaper of general circulation in the appropriate county. The last publication shall be not less than ten days before the date of the auction. Notice of the auction shall contain the following:

(1) Time and place of the auction;

(2) General description of the land, including the location and tax map key;

(3) Specific use for which the disposition is intended;

(4) Upset rental to be charged and basis for additional rent, if any; and

(5) The date by which applications for qualification shall be filed.

The maps showing the metes and bounds description and the classification of the land shall be kept in the office of the department and shall be open for inspection at all reasonable hours.

History

[Eff 3/6/92; comp] (Auth: HRS §§ 166-6, 166-9, 171-16) (Imp: HRS § 166-6)

Haw. Code R. § 4-153-23 Conduct of drawing

(a) Qualified applicants shall be present in person or shall be represented by an agent with appropriate credentials authorizing representation. Applicants who are not present or arrive late at the drawing shall be disqualified.

(b) All qualified applicants shall be placed in the following groups:

(1) Group I, All persons given preference pursuant to section 4-153-16; or

(2) Group II, Bona fide farmers as defined in this chapter.

(1) Within Group I, by prioritizing in any sequence the different preference categories identified in section 4-153-16(1) through 4-153-16(5).

(2) Within the Group I preference categories and within Group II, by establishing subgroups of priority based on qualification for agricultural park lots intended for restricted use. The department may also reserve or limit the number of intended restricted use lots designated to a subgroup and may determine the order in which lots for different restricted uses shall be drawn. If there is an insufficient number of qualified applicants for the first intended restricted use, the remaining lots may be made available for selection for an alternate intended restricted use, and thereafter for selection for non-restrictive permitted use until all lots are selected.

(d) Within each group or subgroup, the applicant whose name is first drawn shall be the first to select a lot and the drawing of names shall continue until all lots are selected or all applicants have selected, whichever occurs first. When subgroups have been established for intended restricted use lots, names of applicants from Group I subgroups shall be drawn first, in the sequence established pursuant to subsection (c), followed by Group II subgroups, then remaining Group I applicants, followed by remaining Group II applicants. When no such subgroups have been established, names of applicants from Group I shall be drawn before those from Group II, in the sequence established pursuant to subsection (c).

(e) After all lots have been selected, five additional names each may be drawn as alternates from Group I and Group II remaining applicants. In the event awards are canceled for failure to satisfy conditions of award or other reason, the lots made available shall be offered for award to the alternates, first from Group I and then from Group II in the order in which their names were drawn.

(f) The public notice of lease disposition shall identify intended restricted uses, if any, and the priority of the preference categories in Group I. "Restricted use" as used in this section means limited to use for a crop or agricultural product determined by the board to be the most appropriate use for the particular lot, based on consideration of the site selection analysis, development plan and preliminary engineering report and agricultural feasibility analysis.

History

[Eff 3/6/92; comp] (Auth: HRS §§ 166-6, 166-9) (Imp: HRS § 166-6)

Subchapter 9 LEASE PROVISIONS

Haw. Code R. § 4-153-24 Lease provisions; generally

Every agricultural park lease issued by the board shall contain:

(1) The specific use or uses to which the land is to be employed, provided that the use or uses shall be for agricultural or aquacultural activities only;

(2) The improvements required, provided that a minimum reasonable time shall be allowed for the completion of the improvements, and provided further that the board may permit the lessee to offset the cost of any improvements to the leasehold against not more than two years of lease rental;

(3) Restrictions against alienation as set forth in section 4-153-33;

(4) The rent as established by the board or at public auction, which shall be payable not more than one year in advance, in monthly, quarterly, semiannual, or annual payments;

(5) Where applicable, adequate protection of forests, watershed areas, game management areas, wildlife sanctuaries, and public hunting areas; reservation of rights-of-way and access to other public lands, public hunting areas, game management areas, or public beaches; and prevention of nuisance and waste; and

(6) Such other terms and conditions as the board deems necessary to preserve and protect agricultural park lands and to effectuate the purposes of the State Constitution and of chapter 166, Hawaii Revised Statutes.

History

[Eff 3/6/92; comp] (Auth: HRS §§ 166-6, 166-9) (Imp: HRS §§ 166-6, 166-9)

Haw. Code R. § 4-153-25 Consent to mortgage

(a) Whenever under this chapter or under any agricultural park lease issued by the board, consent of the State is required as a condition precedent to the mortgage of, or the creation of a security interest in public land, the chairperson may, upon due application, grant the consent, and if the mortgage or security interest is to a recognized lending institution authorized to do business in the State of Hawaii, the consent shall extend to foreclosure and sale at the foreclosure to any purchaser, provided that the purchaser is qualified under this chapter to lease and hold the land or any interest therein.

(b) The holder of record having a security interest includes any insurer or guarantor of the obligation or condition of the mortgage, including any federal mortgage lending agency and its respective successors and assigns or any lending institution authorized to do business in the State of Hawaii; provided that the consent to mortgage to a nongovernmental holder shall not confer any greater rights or powers in the holder than those which would be required by any federal mortgage lending agency.

History

[Eff 3/6/92; comp] (Auth: HRS §§ 166-6, 166- 9) (Imp: HRS §§ 166-6, 166-9)

Haw. Code R. § 4-153-26 Irrigation projects

In any agricultural park lease a condition may be provided requiring the inclusion of the land being disposed in any irrigation project formed or to be formed by the state agency responsible therefor, and making the land subject to assessments made or to be made for the project, the assessments constituting a first lien upon the land which, if not paid, shall result in the forfeiture of the land subject to notice of default as provided in section 4-153-34.

History

[Eff 3/6/92; comp] (Auth: HRS §§ 166-6, 166-9) (Imp: HRS §§ 166-6, 166-9, 167-19)

Haw. Code R. § 4-153-27 Taxes

Agricultural park leases shall be subject to real property taxes. Upon notice by the appropriate agency, the administrator shall notify the lessee and each holder of record having a security interest as provided in section 4-153-35 of any default in the payment of the taxes, and upon failure to remedy the default within sixty days after receipt of notice of default, the board may cancel and terminate the lease without prejudice to any other remedies the State may have against the lessee.

History

[Eff 3/6/92; comp] (Auth: HRS §§ 166-6, 166-9) (Imp: HRS §§ 166-6, 166-9)

Haw. Code R. § 4-153-28 Condemnation of leases

The agricultural park lease shall provide that whenever a portion of the public land under lease is condemned for public purposes by the State, a county, or any other governmental agency, the base rental shall be reduced in proportion to the value of the portion of the premises condemned. The lessee shall be entitled to receive from the condemning authority:

(1) The value of growing crops, if any, which the lessee is not permitted to harvest; and

(2) The proportionate value of the lessee's permanent improvements so taken in the proportion that it bears to the unexpired term of the lease;

provided that the lessee may, in the alternative, remove and relocate the lessee's improvements to the remainder of the lands occupied by the lessee. The foregoing rights of the lessee shall not be exclusive of any other to which the lessee may be entitled by law. Where the portion so taken renders the remainder unsuitable for the uses for which the land was leased, the lessee shall have the option to surrender the lease and be discharged from any further liability therefor; provided that the lessee may remove the lessee's permanent improvements within such reasonable period allowed by the State.

History

[Eff 3/6/92; comp] (Auth: HRS §§ 166-6, 166-9) (Imp: HRS §§ 166-6, 166-9, 171-38)

Haw. Code R. § 4-153-29 Re-purchase right, first offer to board; limitation on re-purchase price

An agricultural park lease or any interest therein, including stock of a corporation holding the lease or an interest in a partnership or association holding the lease, shall not be transferred or assigned unless the lease and improvements, or any interest therein, are first surrendered to the board, as follows:

(1) The board shall have the option to re-purchase the lease for the price paid by the current lessee, including closing costs, or the fair market value, less appreciated value, at the time of re-purchase, as determined in paragraph (3), whichever is the lower but not less than zero. For the purposes of this subsection, "price paid by the current lessee" means the consideration paid for the lease exclusive of improvements and "appreciated value" means the replacement cost for developing the leased premises. If the board does not exercise its option, the provisions of section 4-153-33(a)(6) shall apply.

(2) Any improvements affixed to the realty, including trade fixtures and growing crops, shall be re-purchased at their fair market value.

(3) At the time of the re-purchase, the fair market value of the lease less appreciated value and the fair market value of any improvements shall be determined by a qualified appraiser whose services shall be contracted for by the department; provided that should the lessee disagree with the values, the lessee may appoint the lessee's own appraiser who together with the department's appraiser shall appoint a third appraiser, and the fair market value shall be determined by arbitration as provided in chapter 658, Hawaii Revised Statutes. In this event, the lessee shall pay for the lessee's own appraiser, the department shall pay for its appraiser, and the cost of the third appraiser shall be borne equally by the lessee and the department.

(4) The board may re-purchase the lease and improvements with funds from the agricultural park special fund or may accept a surrender of lease subject to the offer by a qualified applicant to purchase the lease and improvements, including any encumbrances, for not less than the amount to be paid therefor by the board; provided that the purchase by a qualified applicant shall be subject to sections 4-153-19 and 4-153-22.

(5) Notwithstanding the conditions herein, the consideration for the applicant's purchase of the lease as provided in paragraph (4) above shall not be less than the total of all encumbrances that have been approved by the State at the time of the re-purchase.

(6) This section shall not apply to a holder of record having a security interest upon foreclosure pursuant to section 4-153-35.

History

[Eff 3/6/92; am and comp] (Auth: HRS §§ 166-6, 166-9) (Imp: HRS §§ 166-6, 166-9)

Haw. Code R. § 4-153-30 Disposition of abandoned or seized property

The department may sell, donate, or otherwise dispose of property abandoned or seized on land managed by the department upon compliance with the requirements of section 171-31.5, Hawaii Revised Statutes.

History

[Eff 3/6/92; comp] (Auth: HRS § 166-9) (Imp: HRS § 171-31.5)

Haw. Code R. § 4-153-31 Covenants against discrimination

The board shall provide in every agricultural park lease that the use and enjoyment of the premises being granted shall not be in support of any policy which discriminates against anyone based upon race, creed, color, national origin, sex, or physical handicap. The board shall not dispose of any public land to any person who practices discrimination based upon race, creed, color, national origin, sex, or physical handicap. As used in this section "physical handicap" means a physical impairment which substantially limits one or more of a person's major life activities.

History

[Eff 3/6/92; comp] (Auth: HRS §§ 166-6, 166- 9) (Imp: HRS §§ 166-6, 171-64)

Haw. Code R. § 4-153-32 Additional terms and conditions

(a) The agricultural park lessee, within a reasonable period of time and in accordance with the plan of development and utilization provided for in subsection (d), shall derive the major portion of the lessee's annual income from the production of livestock, poultry, crops or products for which the land is granted to the lessee; provided that this restriction shall not apply if failure to meet the restriction results from mental or physical disability or the loss of a spouse, or if the premises are fully utilized in the production of crops or products for which the disposition was granted. The lessee shall promptly provide information and documents requested by the administrator, including but not limited to copies of income tax returns, to verify that the income requirement is being met.

(b) The lessee shall furnish the department, prior to the issuance of the executed lease, the following:

(1) A certificate of comprehensive liability insurance to be maintained throughout the term of the lease with coverage in an amount to be determined by the department and approved by the board, subject to periodic review and adjustment at intervals specified in the lease. The certificate of insurance shall name the department as an additional insured and shall require a thirty-day notice to the department of any policy change or cancellation; and

(2) A performance bond to be maintained throughout the term of the lease in an amount equal to two times the annual base rental; provided that the bond requirement may be waived by the administrator upon evidence that the lessee is substantially in compliance with lease terms and the lessee's lot is substantially developed according to plans approved by the department; provided further that the department may reinstate the waived bond at any time during the term of the lease.

(c) The board, at its discretion, may permit a farm dwelling or dwellings on an agricultural park lot if the need is clearly demonstrated. The farm dwelling or dwellings shall be used in connection with agricultural or aquacultural activities on the lot and shall not be used for rental purposes. The dwelling shall be subject to such additional terms and conditions as the board may require, including, but not limited to, adjustment of the base rental to reflect residential use.

(d) The lessee shall utilize the agricultural park land only for the purposes specified in the lease, in accordance with a plan of development and utilization which, in the case of original lessees of agricultural park lots, shall be submitted for the administrator's approval prior to the issuance of the lease. The lessee shall not modify or deviate from the plan without the approval of the department and any unapproved modification or deviation from the plan may be cause for the termination of the lease.

(e) All construction on the agricultural park lot shall be in accordance with plans approved by the administrator and shall be in accordance with all applicable federal, State and county laws, ordinances, and rules, including but not limited to laws regarding environmental quality control.

(f) Mineral and metallic rights and surface and ground water shall be reserved to the State.

(g) The State shall retain the rights to all prehistoric and historic remains found on agricultural park lands.

History

[Eff 3/6/92; comp] (Auth: HRS §§ 166-6, 166-9) (Imp: HRS §§ 166-6, 166-9)

Subchapter 10 LEASE RESTRICTIONS

Haw. Code R. § 4-153-33 Lease restrictions; generally

(a) Except as otherwise provided, the following restrictions shall apply to all agricultural park leases:

(1) Options for renewal of terms shall be prohibited;

(2) No lease shall be for a term of less than fifteen years nor more than fifty-five years, including any extension granted for mortgage lending or guarantee purposes;

(3) No lease shall be made for any land under a lease which has more than two years to run;

(4) No lease shall be made to any person who is in arrears in the payment of taxes, rents, or other obligations owing the State or any of its political subdivisions; or to any person who, during the five years preceding the date of disposition, has had a previous sale, lease, license, permit, or easement covering public lands canceled for failure to satisfy the terms and conditions thereof;

(5) Any transferee, assignee, or sublessee of an agricultural park lease shall first qualify as an applicant under this chapter. No lease or any interest therein, including corporate stock or interest in a partnership or association, shall be transferred or assigned without the consent of the board, except by devise, bequest, or intestate succession and upon the further condition that there is a dwelling on the property in which the devisee or heir resides or that more than fifty per cent of the devisee's or heir's income is derived from the productive use of the property. In the absence of or upon cessation of these conditions, the devisee or heir shall surrender the lease and improvements, or any interest therein, to the board pursuant to section 4-153-29;

(6) With the approval of the board, and subject to the provisions of section 4-153-29, the assignment and transfer of a lease or any interest therein, including stock of a corporation holding the lease or an interest in a partnership or association holding the lease, may be made if:

(A) The lease contains the principal residence of the lessee;

(B) The lessee becomes mentally or physically disabled;

(D) The assignment is to the corporate successor of the lessee; provided that prior to the approval of any assignment of lease permitted by this section, the board shall have the right to review and approve the consideration to be paid by the assignee and may condition its consent to the assignment of the lease on payment by the lessee of a premium based on the amount by which the consideration for assignment, whether by cash, credit or otherwise, exceeds the depreciated cost of improvements and trade fixtures being transferred to the assignee; provided further that in the event of foreclosure or sale, the premium, if any, shall be assessed only after the encumbrances of record and any other advances made by the holder of a security interest are paid; provided further that the board may adjust the base and additional rental pursuant to the method outlined in section 4-153-18(d);

(7) The lessee shall not sublet the whole or any part of the demised premises without the approval of the board; provided that prior to the approval, the board shall have the right to review and approve the rent to be charged to the sublessee; provided further that where the lessee is required to pay rent based on a percentage of its gross receipts, the rents paid to the lessee by the sublessee shall be included as part of the lessee's gross receipts; provided further that the board shall have the right to review and, if necessary, revise the rent and percentage rental, if applicable, of the demised premises based upon the rental rate charged to the sublessee; and provided further that the rent and percentage rental may not be revised downward;

(8) The lease shall be for a specific use or uses, and shall not include wastelands unless it is impractical to provide otherwise.

(b) The board may extend the term of the lease to qualify the lease for mortgage lending or guaranty purposes with any federal mortgage lending agency and its respective successors and assigns or to any lending institution authorized to do business in the State; provided further that the approval of any extension shall be subject to the following:

(1) The demised premises are developed and utilized according to a plan of utilization and development approved by the department;

(2) The lessee is otherwise in compliance with lease terms;

(3) The aggregate of the initial term and any extension granted shall not be for more than fifty-five years;

(4) The board may increase the rent and adjust the rental period; and

(5) Additional restrictions, terms and conditions to insure and promote the purposes of the demised lands, to the extent the board has reserved this right in the lease.

(c) The board at any time during the term of any agricultural park lease and when justified by sound agricultural practices and economic or other circumstances, may permit an alternative agricultural or aquacultural use or uses for any portion or portions of the land demised under the lease. As a condition to permitting alternative uses, the board may require such other modifications, including rental adjustments or changes in the lease, as may be necessary to effect or accommodate the alternative use or uses. An alternative use or uses may be allowed by the board upon:

(1) The application of the lessee;

(2) Consent of each holder of record having a security interest in the leasehold; and

(3) A finding by the board that the alternative use or uses are in the public interest.

(d) The land leased under this chapter, or any portion thereof, shall be subject to withdrawal by the State at any time during the term of the lease with reasonable notice and without compensation, except as provided in this section, for public uses or purposes, for constructing new roads or extensions, or changes in line or grade of existing roads, for rights-of-way and easements of all kinds, and shall be subject to the right of the State to remove soil, rock, or gravel as may be necessary for the construction of roads and rights-of-way within or without the demised premises; provided that upon the withdrawal, or upon the taking which causes any portion of the land originally demised to become unusable for the specific use or uses for which it was demised, the base rent shall be reduced in proportion to the value of the land withdrawn or made unusable. If any permanent improvement constructed upon the land by the lessee is destroyed or made unusable in the process of the withdrawal or taking, the proportionate value thereof shall be paid based upon the unexpired term of the lease; provided that no withdrawal or taking shall be had as to those portions of the land which are then under cultivation with crops until the crops are harvested, unless the State pays to the lessee the value of the crops; and provided further that upon withdrawal any lessee shall be compensated for the present value of all permanent improvements in place at the time of withdrawal that were legally constructed upon the land by the lessee of the leased land being withdrawn. In the case of tree crops, the State shall pay to the lessee the residual value of the trees taken and, if there are unharvested crops, the value of the crops also.

History

[Eff 3/6/92; comp] (Auth: HRS §§ 166-6, 166-9) (Imp: HRS §§ 166-6, 166-9)

Subchapter 11 BREACH OR DEFAULT

Haw. Code R. § 4-153-34 Notice of breach or default

Except as otherwise specifically provided in this chapter, in the event of a breach or default of any term, covenant, restriction, or condition of any agricultural park lease issued under this chapter, the board shall deliver a written notice of the breach or default by personal service or by registered or certified mail to the party in default and to each holder of record having any security interest in the land covered by or subject to the lease, making demand upon the party to cure or remedy the breach or default within sixty days from the date of receipt of the notice; provided that where the breach involves a failure to make timely rental payments, including the payment of additional rents due, pursuant to the lease issued under this chapter, the written notice shall include a demand upon the party to cure the breach within less than sixty days, but not less than five business days, after receipt of the notice. Upon failure of the party to cure or remedy the breach or default within the time period provided in this section or within such additional period as the board may allow for good cause, the board may, subject to section 4-153-35, exercise the rights it may have at law or as set forth in the lease.

History

[Eff 3/6/92; comp] (Auth: HRS §§ 166-6, 166-9) (Imp: HRS §§ 166-6, 166-9, 171-20)

Haw. Code R. § 4-153-35 Rights of holder of security interest

(a) Whenever any notice of breach or default is given to any party under section 4-153-34, or under the terms of any lease or other instrument issued under this chapter, a copy of the notice shall be delivered by the administrator to all holders of record having a security interest in any land or interest covered by an agricultural park lease or other instrument whose security interest has been recorded with the department and the bureau of conveyances of the State. Should the board seek to forfeit the privilege, interest, or estate created by the lease, each holder may, at its option, cure or remedy the breach or default, if the same can be cured or remedied, by the payment of money or, if such is not the case, by performing or undertaking in writing to perform all the terms, covenants, restrictions, or conditions of the lease capable of performance by the holder, as determined by the board, within the time period provided in section 4-153-34 or within such additional period as the board may allow for good cause, and add the cost thereof to the mortgage debt and the lien of the mortgage. Upon failure of the holder to exercise its option, the board may:

(1) Pay to the holder from any moneys at its disposal the amount of the mortgage debt, together with interest and penalties, and secure an assignment of the debt and mortgage from the holder; or if ownership of the interest or estate shall then have vested in the holder by way of foreclosure or action in lieu thereof, the board shall be entitled to a conveyance of the interest or estate upon payment to the holder of the amount of the mortgage debt, including interest and penalties, and all reasonable expenses incurred by the holder in connection with the foreclosure and preservation of its security interest, less appropriate credits, including income received from the privilege, interest, or estate subsequent to the foreclosure; or

(2) If the property cannot be reasonably reassigned without loss to the State, then terminate the outstanding privilege, interest, or estate without prejudice to any other right or remedy for arrears of rent or for any preceding or other breach or default, and use its best efforts to redispose of the affected land to a qualified and responsible person free and clear of the mortgage and the debt thereby secured; provided that a reasonable delay by the board in instituting or prosecuting any right or remedy it may have under this section shall not operate as a waiver of the right or to deprive it of the remedy when the delay serves to assist the board in resolving the problems created by the breach or default involved.

(b) The proceeds of any redisposition effected under this section shall be applied: first, to reimburse the department for costs and expenses in connection with the redisposition; second, to discharge in full any unpaid lease rental or other indebtedness owing the State in connection with the privilege, interest, or estate terminated; and the balance, if any, to the owner of the privilege, interest, or estate. Nothing in this section shall be construed in a manner as to infringe upon or prejudice in any way the rights of a holder of record having a security interest which shall have vested prior to the effective date of this section.

History

[Eff 3/6/92; comp] (Auth: HRS §§ 166- 6, 166-9) (Imp: HRS § 166-6)

Haw. Code R. § 4-153-36 Leases; forfeiture

Upon the violation of any condition or term of any agricultural park lease to be observed or performed by the lessee, including but not limited to failure of a prospective lessee to execute the lease within thirty days after presentation thereof, the board, after due notice of default as provided in section 4-153-34, and subject to the rights of each holder of record having a security interest as provided in section 4-153-35, shall terminate the lease or tenancy and take possession of the leased land together with all improvements placed thereon, without demand or previous entry and without legal process, and shall retain all rent paid in advance as damages for the violations. The retention of advance rent as liquidated damages shall be in addition to any other rights and remedies available to the department under section 4-153-34.

History

[Eff 3/6/92; comp] (Auth: HRS §§ 166-6, 166-9) (Imp: HRS §§ 166-6, 166-9)

Subchapter 12 SEVERABILITY

Haw. Code R. § 4-153-37 Severability

History

[Eff 3/6/92; comp] (Auth: HRS § 91-2) (Imp: HRS § 91-2)

Chapter 155 RULES GOVERNING IRRIGATION WATER SERVICE TO CONSUMERS OF THE KAHUKU AGRICULTURAL PARK IRRIGATION SYSTEM [Repealed]

Haw. Code R. §§ 4-155-1 to 4-155-22 Repealed

History

R MAR 17 2006

Chapter 156 RULES GOVERNING IRRIGATION WATER SERVICE TO CONSUMERS OF THE HONOKAA-PAAUILO IRRIGATION SYSTEM [Repealed]

Haw. Code R. §§ 4-156-1 to 4-156-23 Repealed

History

R MAR 17 2006

Chapter 157 RULES GOVERNING IRRIGATION WATER SERVICE TO CONSUMERS OF HAWAII STATE DEPARTMENT OF AGRICULTURE

Haw. Code R. § 4-157-1 General

(a) These rules establish the practices governing the provision of irrigation water for all department of agriculture irrigation systems and define the obligations of the board to consumers and of the consumers to the board.

(b) It is the policy of the board to render adequate and satisfactory service to all consumers and to encourage courtesy to the public by all its employees. The board desires to cooperate with consumers to eliminate water waste and to minimize charges to the consumer.

(c) Prospective consumers are advised to obtain information from the department on the availability of water, pressure conditions, and other pertinent data.

History

[Eff MAR 17 2006] (Auth: HRS § 167-5) (Imp: HRS § 167-5)

Haw. Code R. § 4-157-2 Definitions

As used in this chapter unless otherwise provided:

"Acreage assessment" means any levy imposed pursuant to this chapter on the agricultural land and pastureland within an irrigation project and any amount charged by the State for the purpose of acquiring, establishing, or maintaining irrigation facilities for an irrigation project.

"Actual need" means the volume of irrigation water consumed by an irrigation customer. The volume of irrigation water shall be actual use as determined by monthly meter readings or as otherwise provided in these rules.

"Administrator-chief engineer" means the person holding the office of administrator and chief engineer of the division of agricultural resource management of the department acting directly or through authorized assistants including the irrigation district manager.

"Board" means the board of agriculture of the State of Hawaii, which is the governing body of the department of agriculture.

"Consumer" means the person, firm, corporation, partnership, association, or any public or private organization, whether owner, tenant, or lessee, whose name appears on the records of the department as responsible and liable for receiving irrigation water service from the board.

"Consumer's supply pipe" means the pipe extending from the consumer's end of the service connection to the consumer's service areas.

"Cost of service connection" means the sum of the cost of the service connection materials, labor, transportation, equipment, and road repair, if any, and other incidental charges necessary for the complete installation of a service connection.

"Department" means the department of agriculture.

"Irrigation system" or "system" means the intakes, ditches, flumes, weirs, siphons, reservoirs, tunnels, pipelines, valves, pumps, and controls, and other elements comprising an irrigation system operated by the board to serve the lands within an irrigation district as defined by the board.

"Irrigation district manager means the person holding the office of irrigation district manager for a particular irrigation system of the department acting directly or through authorized assistants.

"Livestock" means any animal which is pastured within the boundaries of the project and uses the system. Not all irrigation systems have pastureland and livestock that are recognized by the department. Therefore, any references to livestock, pastureland, pasturing, pastoral, herds, livestock watering, and livestock drinking water are only applicable and valid for irrigation systems with pastureland and livestock that are officially recognized within these rules.

"Main" or "main pipe" means the supply or distribution pipe to which service connections are made.

"Measuring device" means a weir, meter, or other suitable means for measuring the amount of water received by the consumer from the irrigation system.

"Pastureland" means agricultural land within an irrigation system that is used for grazing livestock. Only areas identified in section 4-157-3(1) are eligible for pastureland designations.

"Project", "district", "irrigation district", or "irrigation project" means the area, contiguous or noncontiguous, established under chapter 167, Hawaii Revised Statutes, to be served by a unique and specific department of agriculture irrigation system.

"Service connection" means the tap, pipe, fittings, and valves from the mains to and including the meter.

"State" means the State of Hawaii.

"Temporary irrigation system or district" means any irrigation system that is in the process of being constructed by the department.

"Water charges" means the sum of the water tolls and acreage assessments which may include credits as may be applicable.

"Water tolls" means all of the charges established by the board for irrigation water and livestock drinking water supplied by it to consumers.

"Weir" means any device which allows the measurement of a quantity of irrigation water being delivered.

History

[Eff MAR 17 2006] (Auth: HRS § 167-5) (Imp: HRS §§ 167-2, 167-5)

Haw. Code R. § 4-157-3 General conditions

(a) Upon proper application, a prospective consumer whose premises are within the service limits established by the board for a specific irrigation system and whose premises are adjacent to the distribution main, where pressure conditions permit, may obtain irrigation water service; provided that there is a sufficient water supply developed to take on new or additional service without detriment to those already served, and the consumer agrees to abide by these rules.

(b) The water supplied by all irrigation systems is intended to be used only for agricultural and aquaculture activities, as defined in section 166-2, Hawaii Revised Statutes, and may include livestock watering and pastoral irrigation. Consumers may not use water for any other purpose except with the express written consent of the board. The board makes no guarantee, warranty, or representation, expressed or implied, as to the quality, quantity, flow rate, condition, or fitness of the water supplied for any use or purpose.

(c) When an extension of the main is necessary or where large quantities of water are required or a substantial investment is necessary to provide service, the consumer shall be informed by the department as to the conditions and charges to be made for that particular area and situation in question before water service may be approved. Before water service commences, the consumer and the board shall execute an agreement, which will include the specific conditions and charges to be made for that particular area. The board shall have the right to refuse service to a consumer if an agreement cannot be executed.

(d) All water supplied by the department will be measured by means of suitable meters or other means as may be applicable at the discretion of the irrigation district manager. The water tolls shall be in accordance with the rates established by the board.

The department through the administrator-chief engineer shall determine the location and size of all meters and service connections to the irrigation system. All service connections shall become the property of the department for operation and maintenance after installation and new connections or disconnections may be made thereto by the department at any time.

(e) Where applicable, the total cultivatable and pastoral area of the consumer shall be levied an acreage assessment in addition to the water delivery charge. The department shall determine the area of each consumer's land subject to this assessment. The unit of area measured shall be the acre and fractional acres shall be considered to be a full acre. Once an area is levied the acreage assessment it may not thereafter be withdrawn from this assessment; provided, however, that should the consumer lose the right to cultivate a portion of the consumer's acreage, except by default for nonpayment of water bills, said acreage may be withdrawn from the acreage assessment, with the consent of the board.

(f) To assure the maximum and most efficient use of system water available, no one who owns or occupies less than two acres of agricultural land within the project suitable for irrigation or livestock pasturing or watering will be permitted to become a consumer.

(g) To assure that the irrigation system meets its financial obligations, there shall be levied a minimum acreage assessment equivalent to two acres for those potential consumers who are land occupiers within the boundaries of the irrigation district but do not apply for water service connection.

(h) For the following irrigation systems, no service connection shall be allowed directly from the transmission pipeline prior to the system's reservoir, except upon specific written approval by the board: Waimanalo, Kahuku Agricultural Park, Molokai, Waimea, and Honokaa-Paauilo. Future irrigation systems that have been recognized and established by the board shall be governed under this provision unless specifically exempted by the board.

(i) Pastureland designations may only occur in the Honokaa-Paauilo irrigation system or where otherwise approved by the board. Following approval by the board, pastureland designations for specific consumers must be approved by the administrator-chief engineer. Only consumers with designated and approved pastureland will be responsible for pastureland acreage assessments, fees, and adherence to pastureland rule provisions.

(j) These rules shall apply to all irrigation systems and districts that are officially recognized and established by the board, including Honokaa-Paauilo, Kahuku Agricultural Park, Molokai, Waimanalo, and Waimea.

History

[Eff MAR 17 2006] (Auth: HRS § 167-5) (Imp: HRS §§ 167-5; 167-6, 167-19)

Haw. Code R. § 4-157-4 Conservation measures and interruption of water supply

(a) The department shall exercise reasonable diligence and care to deliver an adequate supply of water to the consumer and to avoid shortage or interruptions in water service, whenever possible, but shall not be liable for any interruption, shortage, insufficiency of supply, or any loss or damage occasioned thereby.

(b) Whenever, in the administrator-chief engineer's opinion, special conservation measures are deemed necessary to forestall a water shortage and a consequent emergency, the administrator-chief engineer may restrict or ration the use of water by any reasonable method of control. Livestock watering customers shall install an automatic water flow control device to prevent waste or continued overflow from livestock drinking troughs. Each device shall be approved by the irrigation district manager prior to installation and shall be tested periodically to determine its functionality.

(c) To ensure that a continuous water supply is available to livestock, the department may require those consumers with a large herd (more than fifty animals) of animals to install an adequate means of storage for water or reservoir on their property.

(d) The department reserves the right at any and all times to shut off water from the mains with reasonable notice for the purpose of making repairs, extensions, alterations, or for other reasons. Consumers who require a continuous supply of water shall provide, at their own cost, emergency water storage and any check valves or other devices necessary for the protection of equipment or fixtures against failure of the pressure or supply of water in the department's main. Repairs or improvements shall be carried out as rapidly as practicable and at the time or times as will cause the least inconvenience to consumers.

(e) The department will deliver water to the land of each consumer at the ground elevation and at the outlet site as the department may establish upon each consumer's land convenient with the operation of the department's irrigation system, and it shall be the responsibility of each consumer to provide for the distribution of the water upon the consumer's land by the consumer's own method.

(f) During seasonal drought periods, a shortage of irrigation water within an irrigation system may occur. During these periods, the department shall continue to supply irrigation and livestock drinking water as available. However, the department shall use its best judgment in allocating the available agricultural water in a manner that it deems fair and equitable.

(g) The department reserves the right in times of declared emergency to allow the use of irrigation water for emergency purposes. Charges for the water used shall be established by the board based on the nature of the emergency and attendant circumstances.

(h) The department reserves the right to allocate water use in the following order of priority as it may deem necessary to:

(1) Preserve crops and harvests on agricultural and aquacultural lands;

(2) Preserve animal life; and

(3) Irrigate pasture.

(i) During periods of low rainfall or drought, the department shall develop notices and criteria on the manner in which water will be delivered, restricted, and allocated for the duration of the emergency. Violations of the restrictions or allocations may result in the discontinuance of service, additional water toll surcharges, or the removal of the water connection.

(j) Upon declaration of emergency conditions and implementation of mandatory conservation measures (i.e., ten per cent, twenty per cent, or thirty per cent cutbacks), consumers exceeding the level of mandatory cutback shall be assessed a surcharge as follows:

(1) Mandatory ten per cent conservation - consumers shall be assessed a surcharge of ten cents per thousand gallons of water consumed in excess of ninety per cent of their average use as calculated by the administrator-chief engineer;

(2) Mandatory twenty per cent conservation -consumers shall be assessed a surcharge of twenty cents per thousand gallons of water consumed in excess of eighty per cent of their average use as calculated by the administrator-chief engineer; and

(3) Mandatory thirty per cent conservation -consumers shall be assessed a surcharge of thirty cents per thousand gallons of water consumed- in excess of seventy per cent of their average use as calculated by the administrator-chief engineer.

(k) Notwithstanding any provision herein to the contrary, subsection (j) shall not apply to the users of the Molokai Irrigation System who are also lessees of the department of Hawaiian home lands (homesteaders), provided that an actual need is shown and the homesteader's aggregate irrigation water consumption remains at or below two-thirds of the water developed in the first phase of the construction of the Molokai Irrigation System, based on the most current monthly three year average of non-drought years. Should the homesteader's use exceed the homesteader's two-thirds preference, the homesteader shall be subject to the terms and conditions contained in subsection (j) The homesteader shall be subject to subsection (j) until the homesteader's usage falls to a two-thirds to one-third ratio or less, based on the most current monthly three year average of non-drought years, or until the conservation notice for the Molokai Irrigation System is canceled, whichever first occurs.

History

[Eff MAR 17 2006] (Auth: HRS § 167-5) (Imp: HRS §§ 167-5, 167-6, 167-11, 167-1)

Haw. Code R. § 4-157-5 Elevation agreement, pressure condition

(a) The department shall make every effort to maintain pressure but shall not be responsible for maintaining pressure in its water main.

(b) Where property is situated at an elevation higher than the irrigation system, the consumer, in consideration of a connection with the department's system., shall agree to accept water service as the department is able to render it from the department's existing facilities and to install, if necessary, and maintain at the consumer's own expense a tank and pump of suitable design and of sufficient capacity to furnish an adequate and dependable supply of water. When required, the consumer shall install protective devices between the consumer's supply line and the service connection. The consumer shall execute a written release to the department for all claims on account of any inadequacy of the department's system or inadequacy of the water supply to the consumer.

(c) When the pressure from the department's supply is higher than that for which the irrigation equipment or other facilities are designed, the consumer shall protect the consumer's equipment and other facilities by installing and maintaining pressure reducing and relief valves at the consumer's expense. The department shall not be liable for damage due to pressure conditions caused by or arising from the failure or defective condition of the pressure regulators and relief valves or for damage that may occur through their installation, maintenance, or use.

History

[Eff MAR 17 2006] (Auth: HRS § 167-5) (Imp: HRS §§ 167-5, 167-6, 167-19)

Haw. Code R. § 4-157-6 Application for water service and service connections

(a) Each prospective consumer shall be required to sign the standard application form for the water service desired. A nonrefundable filing fee shall be required with each water service application. This application fee shall be in accordance with the amount established by the board. By signing the application form, the consumer assumes responsibility for the payment of future water charges at each designated location and to abide by these rules before water is turned on for any use whatsoever. The consumer signing the application form shall be held liable for the payment of all water charges at the designated location. The lessee or owner of the land shall also be liable for the water charges in the event that the consumer fails to pay.

(b) Water charges shall begin when the water service is established and shall continue until due notification from the consumer or until discontinued by the administrator-chief engineer for failure of the consumer to comply with these rules. It is the responsibility of the landowner to notify the irrigation district manager when there is a change in the occupant of the parcel; otherwise, the property owner will incur additional charges.

(c) When an application for water service is made by a consumer who was responsible for and failed to pay all water bills previously rendered, regardless of location or time incurred, the department may refuse to furnish water service until the outstanding bills are paid.

(d) A prospective consumer taking possession of property and using water without applying to the department for water service to the property shall be held liable for the water charges from the date of the last recorded meter reading as well as a new application fee. If proper application for water service is made and if accumulated bills for water service are not paid upon presentation, the water service shall be subject to discontinuance without further notice.

(e) Consumers are required to notify the irrigation district manager at least forty-eight hours in advance of the time they would like water delivery to begin. The department does not guarantee the start date or time, nor amount of irrigation water delivered but the department will operate in a manner consistent with its responsibilities set forth in these rules. Consumers may be required to receive water on a defined delivery schedule established by the admiinistrator chief engineer.

History

[Eff MAR 17 2006] (Auth: HRS § 167-5) (Imp: HRS §§ 167-5, 167-6, 167-19)

Haw. Code R. § 4-157-7 New service connections

(a) The application for a new service connection is subject to approval by the department. After approval, the connection shall be installed by the department or its designee at the expense of the applicant and thereafter shall become the property of the department and maintained by the department at the department's expense. There shall foe one meter for each service connection unless the department, because of operating necessity, installs two or more meters in parallel. After installation, the department will seal all meters and no seal shall be altered or broken except by one of the department's authorized employees. Meters whose seals have been altered or broken shall be replaced at the expense of the consumer.

(b) A standard deposit for installing a service connection shall be required of the applicant before the connection is installed. The standard deposit shall be in accordance with the rates established by the board as shown in the table entitled "Schedule of Rates, Fees, and Charges for Irrigation Water Delivery Services at All DOA Irrigation Systems", dated September 27, 2005, attached as Exhibit "A" at the end of this chapter and made a part of this chapter. If the actual cost of the connection is in excess of the standard deposit, the applicant shall pay for the difference. Arrangement to make payments in monthly or pre-arranged installments shall be at the discretion of the administrator-chief engineer. If the actual cost is less than the standard deposit, the applicant shall be refunded the difference.

(c) The consumer shall install and connect, at the consumer's own expense, the necessary supply pipe to the shut-off valve or outlet installed by the department. The consumer's supply pipe shall at all times remain the sole property of the consumer who shall be responsible for its maintenance and repair. If the consumer's supply pipe exists before the service connection is installed, the department may complete the connection to the consumer's supply pipe, provided it is requested by the consumer prior to installation.

(d) Only employees and designees of the department shall be allowed to connect or disconnect the service connection to or from the department's ditch or main.

(e) Employees and designees of the department are strictly forbidden to demand or accept personal compensation for services rendered.

(f) No service connection or water main shall be installed by the department on any private land until the department is given proper easements for the main or service connection and vehicular access is available.

(g) All meters or suitable water flow measuring devices shall be installed within the public right-of-way or easements, preferably on the boundary line most nearly perpendicular to the main, unless the department, because of operating necessity, provides otherwise. The valve, which is installed before the meter, is only for the use of employees and designees of the department.

(h) When the proper size of the service connection for any consumer has been determined and the installation has been made, the department has fulfilled its obligations for providing the size of the service connection and the location thereof. If thereafter the consumer desires a change in the size of the service connection or a change in the location, the consumer shall bear all costs of the change.

(i) All work and materials involved with the change in location or elevation of any part of the existing irrigation system made necessary by the new service connection shall be at the expense of the applicant or consumer.

(j) The department shall determine the location and size of all meters and service connections for the consumer's system.

History

[Eff MAR 17 2006] (Auth: HRS § 167-5) (Imp: HRS §§ 167-5, 167-6, 167-19)

Haw. Code R. § 4-157-8 Meter reading and rendering of bill

(a) Meters or water flow measuring instruments are read and bills are rendered monthly. Special readings will be made when necessary for closing of accounts or when otherwise required. Consumers using the system to water animals or herds of livestock shall be billed in the same manner and at the same rate as agricultural and aquacultural consumers. Irrigation water delivered by ditches to the consumer shall be measured at weirs at the point or points of delivery to the consumer's land. The agents or employees of the board shall take readings from the weirs at least once during the period of delivery of the irrigation water and the readings taken shall be used by the board to determined the amount of irrigation water delivered. If the board does not deliver the amount of irrigation water requested by the consumer, its agent or employee shall notify the consumer at that time of the amount of water delivered. All protests by the consumer shall be made within seven days of the date of delivery. If no protest is made by the consumer within that period, the amount of irrigation water determined by the board to have been delivered, from its readings pursuant to this section, shall be deemed conclusive.

(b) Closing bills for periods shorter than the standard billing cycle will ordinarily be determined by the amount of water actually used as indicated by the meter reading, plus the acreage assessment for the full billing cycle.

(c) For the purpose of computing charges, all meters serving the consumer's premises shall be considered separately and the readings thereof shall not be combined.

(d) All notices and bills for water charges shall be mailed by the department to the consumer at the address of the consumer stated in the consumer's application until the department is notified in writing by the consumer of a new address. It shall be the responsibility of the consumer to report a change of address or ownership to the department; if the consumer fails to report a change in address or ownership, the consumer shall continue to be liable for all charges and interest that accrue on the account.

History

[Eff MAR 17 2006] (Auth: HRS § 167-5) (Imp: HRS §§ 167-5, 167-6, 167-11, 167-19)

Haw. Code R. § 4-157-9 Payment of bills

(a) All bills shall be due and payable when the department deposits the bill in the United States mail, or upon presentation to the consumer, whichever is earlier. Payment shall be made at the office of the irrigation district manager or at the department's option, to duly authorized collectors of the department. If any bill is not paid within thirty days after the department presents the bill directly to the consumer or deposits it in the United States mail for delivery, the water service shall be subject to discontinuance without further notice.

(b) There shall be a service charge for payments made by checks which have been dishonored by the bank for any reason. The service charge shall be as provided in section 40-35.5, Hawaii Revised Statutes, and shall be added to the charges set in section 167-6, Hawaii Revised Statutes.

(c) An interest charge shall be assessed on delinquent balances of more than sixty days and the interest rate shall be consistent with chapter 167, Hawaii Revised Statutes.

History

[Eff MAR 17 2006] (Auth: HRS §§ 167-5, 167-6, 167-11) (Imp: HRS §§ 167-5, 167-6, 167-11, 167-19)

Haw. Code R. § 4-157-10 Non-registering meters

If a meter fails to register due to any cause except the non-use of water, an average bill may be rendered. This average bill shall be subject to equitable adjustment, taking into account all factors before, during, and after the period of the bill.

History

[Eff MAR 17 2006] (Auth: HRS § 167-5) (Imp: HRS §§ 167-5, 167-6, 167-11, 167-19)

Haw. Code R. § 4-157-11 Meter tests and adjustment of bills for inaccuracy of measurement

(a) All meters are tested prior to installation. Any consumer who, for any reason, doubts the accuracy of the meter serving the consumer's premises may request a test of the meter. The requesting consumer will be notified as to the time of the test and may witness the test. There will be a charge for meter tests to defray the cost.

(b) If, as a result of the test, the meter is found to register more than two per cent fast under conditions of normal operation, the department shall refund to the consumer the overcharge based on past consumption for a period not to exceed six months, unless it can be proved that the error was due to some cause for which a specific date can be determined, and the cost of the test. Any overcharge shall be computed back to but not beyond, the determined date.

History

[Eff MAR 17 2006] (Auth: HRS § 167-5) (Imp: HRS §§ 167-5, 167-6, 167-11, 167-19)

Haw. Code R. § 4-157-12 Discontinuance of service

(a) Water service may be refused or discontinued by the department for the following reasons:

(1) If the bill has not been paid within thirty days after the mailing or presentation thereof to the consumer. However, acreage assessments shall continue in spite of the discontinuance of service;

(2) If the consumer fails to comply with any of these rules, and noncompliance is not corrected within five days after the department so notifies the consumer;

(3) Without notice by the department, to protect the department against fraud, abuse, or unauthorized use of water;

(4) Where negligent or wasteful use of water exists on any premises, if the conditions are not corrected within five days after the department gives the consumer written notice of the department's intent to refuse or discontinue service; or

(5) Where the demands of the consumer will result in inadequate service to others.

(b) A consumer about to vacate any premises supplied with water by the department shall give prior written notice of the consumer's intention to vacate, specifying the date service is desired to be discontinued. In the event of failure to give such written notice, the consumer shall be held responsible for all water service furnished to the premises until the department has received the notice of discontinuance. A consumer may not vacate only a portion of the consumer's assessed acreage.

(c) The department may remove a meter for non-use if there are no water toll charges for a period of one year after the meter is installed. A consumer whose meter is removed for non-use forfeits all previous fees, and reapplication shall be treated as a new service connection with applicable costs. Acreage assessments will continue to accrue.

(d) Any consumer who sells, assigns, conveys, or subleases the lot being served with irrigation water shall notify the department in writing indicating the name and address or other means of contact for the new consumer together with the notice of discontinuance as provided in subsection (b).

History

[Eff MAR 17 2006] (Auth: HRS § 167-5) (Imp: HRS §§ 167-5, 167-6, 167-19)

Haw. Code R. § 4-157-13 Restoration of water service

If water service is turned off because of failure to pay a bill or violation of any of these rules or for other reasons, all outstanding accounts against the consumer shall be paid or satisfactorily secured before water service shall be restored.

History

[Eff MAR 17 2006] (Auth: HRS § 167-5) (Imp: HRS §§ 167-5, 167-6, 167-19)

Haw. Code R. § 4-157-14 Department's equipment on consumer's premises

All equipment belonging to the department and installed upon the consumer's premises for measurement, test, check, or other purpose, shall continue to be the property of the department and may be repaired, replaced, or removed by the department at any time without the consent of the consumer. The consumer shall exercise reasonable care to prevent damage to meters and other equipment of the department upon the premises and shall in no way interfere with the operation of the meters and other equipment.

History

[Eff MAR 17 2006] (Auth: HRS § 167-5) (Imp: HRS §§ 167-5, 167-6, 167-19)

Haw. Code R. § 4-157-15 Damage and accessibility to department's property

(a) Any damage to water mains, service connections, valves, standpipes, or other property of the department shall be paid for by the person or organization responsible for the damage.

(b) The consumer shall be liable for any damage to a meter or other equipment or property of the department caused by the consumer or the consumer's tenants, agents, employees, contractors, licensees, or permittees, and the department shall be promptly reimbursed by the consumer for all damages upon demand. In the event settlement for the damage is not promptly made, the department reserves the right to discontinue water service to the premises.

(c) No obstructions shall be placed upon or around any water meter, valve, or standpipe rendering it inaccessible. If an obstruction is placed so as to interfere with the department's meter, the obstruction may be removed by the department without notification to the consumer. Any costs associated with the removal of the obstruction will be billed to the consumer. The department may confiscate the obstruction and may dispose of it without resource to the consumer.

(d) No animals, livestock, or fowl shall be tethered or tied to any pipe, flume, structure, valve, standpipe, meter, or hydrant of the irrigation system, or be permitted to graze or to wander under any structure, or be put or permitted to go into, over, or upon any ditch, ditch bank, flume, reservoir, tunnel, or other element of the irrigation system. The department may confiscate any animal in violation of this subsection and may dispose of the animal without recourse to the owner.

(e) No grass, bushes, trees, or other windbreak or planting shall be grown or be permitted to grow upon the banks of any ditch or so close thereto as to hang into or over any ditch;, reservoir, flume, tunnel, standpipe, valve, meter, or hydrant, or other element of the irrigation system, or to inhibit the free passage of water therein. No dirt, trash, cuttings, rubbish, weed, manure, or drainage water from stables, pens, and pastures, or debris of any nature shall be thrown, dumped, or put into or upon, any ditch, ditch bank, flume, reservoir, tunnel, or other element of the irrigation system. The department may remove or correct such obstructions or violations and bill the consumer for the cost of remediation.

History

[Eff MAR 17 2006] (Auth: HRS § 167-5) (Imp: HRS §§ 167-5, 167-6, 167-19)

Haw. Code R. § 4-157-16 Ingress to and egress from consumer's premises

Any officer, employee, or designee of the department shall have the right of ingress to and egress from the consumer's premises at all reasonable hours for any purpose reasonably connected with the furnishing of water or other service to the premises, and the exercise of any and all rights secured to the department by law, including these rules. In case any officer, employee, or designee is refused admittance to the premises or after being admitted is hindered or prevented from making the inspection, the department may cause the water to be turned off from the premises after giving twenty-four hours' notice to the owner or occupant of the premises of the department's intention to do so.

History

[Eff MAR 17 2006] (Auth: HRS § 167-5) (Imp: HRS §§ 167-5, 167-6, 167-19)

Haw. Code R. § 4-157-17 Responsibility for water receiving equipment

(a) The consumer shall, at the consumer's own risk and expense, furnish, install, and keep in good and safe condition all equipment that may be required for receiving, controlling, applying, and utilizing water and the board shall not be responsible for any loss or damage caused by the improper installation of the equipment or the negligence, want of proper care, or wrongful act of the consumer, or of any of the consumer's tenants, agents, employees, contractors, licensees, or permittees in installing, maintaining, using, operating, or interfering with any equipment.

(b) The department shall not be responsible for damage to property and losses caused by irrigation equipment, spigots, faucets, valves, and other equipment that may be opened when water is turned on at the meter, either when turned on originally or where turned on after a temporary shutdown.

History

[Eff MAR 17 2006] (Auth: HRS § 167-5) (Imp: HRS §§ 167-5, 167-6, 167-19)

Haw. Code R. § 4-157-18 Unauthorized drawing of water

(a) No person or entity shall be permitted to draw water from any part of the system without the written consent of the administrator-chief engineer. No approval shall be granted in cases where, in the opinion of the administrator-chief engineer, the drawing of water may adversely affect the water service extended by the department to other consumers.

(b) Approvals given by the department under this section are subject to revocation upon thirty days' notice.

History

[Eff MAR 17 2006] (Auth: HRS § 167-5) (Imp: HRS §§ 167-5, 167-6, 167-19)

Haw. Code R. § 4-157-19 Cross-connections

(a) No cross-connections shall be made without the written consent of the department

(b) The department requires the installation of a mechanical or any other methods or devices on the consumer's side of the meter to prevent backflow on all new services at the sole cost and expense of the consumer.

(c) Whenever the consumer maintains a separate pressure system or separate storage facility, or in any way increases the pressure of the water within the premises above the pressure furnished by the department, or has the equipment, devices, or arrangement of piping, storage, or industrial methods or processes that might, under certain circumstances, raise the pressure of the water within the premises above the pressure of the water in the mains of the department, a backflow prevention device shall be specified and approved by the administrator-chief engineer for installation at the sole cost and expense of the consumer.

(d) As a protection to the consumer's water system, a suitable pressure relief valve shall be installed and maintained at the consumer's expense when backflow devices are installed on the consumer's side of the meter.

(e) Any device installed for the prevention of backflow as may be required under these rules shall, unless the department approves otherwise in writing, be located above ground and in a manner safe from flooding or submergence in water or other liquid, properly protected from external damage, freely accessible, and with adequate working room for inspections, testing, and repairing.

(f) All backflow prevention devices whether mechanical or not, shall be tested and inspected internally not less than once annually. Repairs, replacement of parts, or any other maintenance, shall be made whenever necessary at the expense of the consumer. The annual test and inspection shall be the responsibility of the consumer and shall be made in accordance with methods recommended by the manufacturers and approved by the department. Records of tests and inspections shall be made on formes prescribed by and furnished to the department. Failure of the consumer to properly test and submit the records may, at the option of the department, result in the department making the tests, repairing and replacing any equipment, and charging the cost to the consumer.

(g) Upon request by the department, the consumer shall present an affidavit either certifying to the fact that there are no connections or installations of the type prohibited under this rule on the premises or describing in detail all nonconforming connections or installations.

(h) The several conditions relative to the installation and maintenance of connections referred to in this section shall be subject to change to meet changing requirements of the state and county laws, ordinances, and rules.

(i) Failure on the part of the consumer to comply with the department's requirements relative to cross-connection and backflow protection shall be sufficient reason for discontinuing water service until such time that the department's requirements have been met.

History

[Eff MAR 17 2006] (Auth: HRS § 167-5) (Imp: HRS §§ 167-5, 167-6, 167-19)

Haw. Code R. § 4-157-20 Resale of water

Unless specifically agreed upon by the board, the consumer shall not resell any water received from the board.

History

[Eff MAR 17 2006] (Auth: HRS § 167-5) (Imp: HRS §§ 167-5, 167-6, 167-19)

Haw. Code R. § 4-157-21 Rate, fee, and charge schedule

The irrigation system rates and charges established by the board are as follows:

(1) Water tolls, fees, and charges are set at the following rates:

(A) Effective October 1, 2005, the irrigation system rates, fees, and charges established by the board shall be as provided in the table entitled "Schedule of Rates, Fees, and Charges for Irrigation Water Delivery Services at All DOA Irrigation Systems", dated September 27, 2005, attached as Exhibit "A" at the end of this chapter and made a part of this chapter. These rates shall apply to all irrigation and livestock drinking water. Effective July 1, 2011, the board may adjust base water toll charges by no more than two cents per thousand gallons of irrigation water delivered once each fiscal year; and

(B) The board may temporarily waive the collection of water tolls or acreage assessments, or both, and may provide credits if the board finds that total irrigation system revenue is sufficient to meet the expenditures necessary to administer the program for the current fiscal year. In the event that a grant is received to offset a system or group water rates, the minimum charge per thousand gallons shall be no less than 25 cents. The board may adjust this minimum charge once each fiscal year. Any excess shall be applied to the subsequent year or until the original grant is exhausted.

(2) Any irrigation system that, as a whole, uses more than eight hundred fifty million gallons of irrigation water per fiscal year shall be eligible for a volume usage discount that will lower the system's water rate by 5 cents per thousand gallons of irrigation water for the following fiscal year. Eligibility for this discount will be based on the previous year's usage;

(3) A surcharge for system pumping shall be imposed for individual irrigation systems that require the use of pumps for more than four cumulative months out of the fiscal year. The surcharge will be 5 cents per thousand gallons of irrigation water and will be imposed for the following, complete, fiscal year. Eligibility for this surcharge will be based on the previous year's usage;

(4) Acreage assessments are set for irrigation use pursuant to section 167-19, Hawaii Revised Statutes;

(5) Acreage assessments cover a portion of the cost of maintaining irrigation system infrastructure;

(6) From time to time, it may be necessary to stop the flow of irrigation water to conduct proper maintenance and repair on a particular irrigation system. In support of these efforts, the billing and payment of acreage assessments are mandatory even though irrigation water is not being provided. Acreage assessments may be waived by the board for specific time periods due to natural catastrophes and other external factors beyond the department's control that result in the temporary loss of irrigation water availability; and

(7) The fee for new service connections shall be charged at cost.

History

[Eff MAR 17 2006] (Auth: HRS §§ 167-5, 167-6, 167-11) (Imp: HRS §§ 167-5, 167-6, 167-11, 167-19)

Haw. Code R. § 4-157-22 Honokaa-Paauilo Irrigation System water

(a) The board may allow the formation of a voluntary advisory board ("advisory board") of water users and community-based organizations in accordance with the federal assisted watershed project for the Honokaa-Paauilo Irrigation System only. This advisory board shall include the following:

(1) A farmer water user;

(2) A rancher water user;

(3) A designee of the Hamakua/North Hilo Agricultural Cooperative;

(4) A designee of the Hamakua Farm Bureau;

(5) A designee of the Hamiakua Soil and Water Conservation District;

(6) A representative from Waipio Valley; and

(7) Any others who may from time to time be designated by this advisory board to be added. The advisory board shall be voluntary and shall be appointed by the board of agriculture for four-year terms. The members shall serve with no compensation and shall for administrative purposes be placed within the department.

(b) The purpose of the advisory board is to act as a liaison between the users and the irrigation system as a condition of the federal watershed project which includes the irrigation system. In addition to any other duties as may be required by the federal watershed project, the advisory board's duties and responsibilities may include the following:

(1) Comment on operational matters concerning the irrigation system;

(2) Provide support for improvements to the irrigation system's facilities;

(3) Act as a liaison between the water users and the community; and

(4) Assist the department in community hearings, meetings, legislative hearings, and informational public meetings.

(c) The advisory board shall elect a chairperson from among its members, whose duty is to conduct the meeting; and shall establish bylaws, which will govern its organization. The advisory board shall meet with the department at least twice a year for the purposes of long-range planning for the irrigation system's improvements.

History

[Eff MAR 17 2006] (Auth: HRS § 167- 5) (Imp: HRS § 167-5)

Haw. Code R. § 4-157-23 Severability

This chapter shall be deemed to be severable, and in the event a section of this chapter is determined to be invalid, such invalidity shall affect that section only and shall not invalidate this chapter in its entirety.

History

[Eff MAR 17 2006] (Auth: HRS § 167-5) (Imp: HRS § 167-5)

Haw. Code R. § 4-157-24 Interim rules for temporary irrigation systems and districts

(a) Boundaries for a temporary irrigation district to be served by new infrastructure shall be defined and set by the administrator-chief engineer. These boundaries will change as necessary, until the temporary irrigation system has been completed and the irrigation district is approved and accepted by the board, at which time the boundaries shall become permanent.

(b) Acreage assessments shall not be assessed for consumers in an irrigation district being administered under the interim rules.

(c) Water tolls shall be assessed a surcharge of 6 cents per thousand gallons of irrigation water in irrigation systems being administered under the interim rules over the rates established in the table entitled "Schedule of Rates, Fees, and Charges for Irrigation Water Delivery Services at All DOA Irrigation Systems", dated September 27, 2005, attached as Exhibit "A" at the end of this chapter.

(d) All conditions in this chapter shall apply to a temporary irrigation district. In addition, interim rules shall apply to temporary irrigation districts 'as defined in this chapter. Where there is a conflict of rules, the interim rules shall supersede this chapter.

(e) Interim rules shall be in effect until the board officially establishes the irrigation district by specifically including it in this chapter.

History

[Eff MAR 17 2006] (Auth: HRS § 167-5) (Imp: HRS §§ 167-5, 167-6, 167-11, 167-15, 167-16, 167-17, 167-19)

Chapter 158 NON-AGRICULTURAL PARK LANDS PROGRAM RULES

Subchapter 1 TRANSFER OF NON-AGRICULTURAL PARK LANDS

Haw. Code R. § 4-158-1 Definitions

As used in this chapter:

"Abandoned property" means any and all property, unless the context clearly indicates otherwise, including personal property, items, materials, equipment, fixtures, motor vehicles, or vessels, that have been left unattended on land owned or controlled by the State without authority for a continuous period of more than twenty-four hours.

"Administrator" means the head of the division of agricultural resource management, department of agriculture, or any officer or employee to whom authority has been duly designated.

"Agricultural activities" means the care and production of livestock, livestock products, poultry, or poultry products, or apiary, horticultural, or floricultural products, or the planting, cultivating, and harvesting of crops or trees; has the same meaning as defined in section 166E-2, HRS.

"Agricultural commodity" means any agricultural product, including but not limited to, horticultural (including floriculture), nuts, coffee, whether cherry, parchment, or green beans, fresh fruits and fresh vegetables of every kind and character, whether or not frozen or packed in ice, whether produced in the State or imported, products, livestock and livestock products, bees and honey, poultry and poultry products, egg and egg products, timber and Christmas trees, fish and fish products either in their natural state or as processed by the producer thereof or by a processor, as defined in this section.

"Agricultural processing" means the processing of agricultural produce or products, including dairying, grown, raised, or produced in Hawaii.

"Agriculture or agricultural" means the planting, cultivating, harvesting, and processing of crops, including those planted, cultivated, harvested, and processed for food, ornamental, grazing, or forestry purposes, and including aquatic life farmed or ranched.

"Animal unit" means one mature cow or horse; two yearling steers or heifers; five mature sheep; twelve weaned lambs; or two colts.

"Applicant" means any person or entity, which acts to acquire or obtain a lease or any interest therein, including a sublease, or an interest in an association or a partnership which either holds the lease or owns the stock in a corporation which holds the lease.

"Aquacultural activities" means the farming or ranching of any plant or animal species in a controlled salt, brackish, or freshwater environment; provided that such farm or ranch is on or directly adjacent to land; has the same meaning as defined in section 166-2, HRS.

"Board" means the board of agriculture or its designated representative.

"Bona fide farmer" means a person who:

(2) Has at least two years' experience as a full-time farmer or four years' experience as a part-time farmer and who, in the administrator's judgment, is likely to successfully operate a farm by reason of ability, experience, and training as a vocational trainee;

(3) Has qualified for and received a commitment for a loan under the Bankhead-Jones Farm Tenant Act, as amended, or as may hereafter be amended, for the acquisition of a farm; or

(4) Is a member of the Hawaii Young Farmer Association or a Future Farmer of America graduate with two years of training with farming projects.

The term "bona fide farmer" includes agricultural cooperatives organized under chapter 421, HRS, or other agricultural associations or partnerships, at least seventy-five per cent of the members of which would qualify individually as bona fide farmers. It also includes corporations incorporated primarily for agricultural production purposes where at least seventy-five per cent of its trustees, officers, stockholders, and members qualify individually, excluding a holder of record having a security interest. For the purposes of this chapter, "bona fide farmer" also includes "beekeeper", and "qualified aquaculturalist" as defined in section 219-2, HRS.

"Carrying capacity" means the maximum number of animal units which an area will support over a period of years without injury to the soil, forage resources, tree growth, watershed, or unwarranted interference with other services of the land.

"Chairperson" means the chairperson of the board of agriculture.

"Commercial exporter" means any person who is engaged in the business of exporting fresh or processed agricultural commodities to points outside the State.

"Consumer" means any person or firm purchasing agricultural commodities for human consumption or animal consumption.

"Conversion" means the extinguishing of an existing encumbrance and the issuance of a new long-term lease to the existing lessee.

"Corporate successor" means a solely-owned corporation which, through assignment of lease, succeeds to the interest of a lessee and who shall own all of the stock issued by, and be the principal officer of, the corporation.

"Department" means the department of agriculture.

"Displaced farmer" means a person who is or will be displaced from land that was condemned, taken, or repossessed by a governmental authority or private person within five years of application date.

"Division" means the agricultural resource management division of the department of agriculture.

"Economic unit" means the minimum size land area that is economically suitable for the operation of a farm.

"Encumbrance" means any instrument issued including but not limited to lease, permit, license, easement, grant, contract, or authorization to occupy and use non-agricultural park lands under terms and conditions of this chapter.

"Established date of operation" means the date on which the original farming operation first commenced operation. If the physical facilities of the farming operation are subsequently expanded or new technology adopted, the established date of operation for each change shall be the same as the established date of operation for the original operation, provided that this does not violate existing state law or county ordinances.

"Farm" also means "ranch" and "farmer" also means "rancher".

"Farm dwelling" means a single- or multiple-family dwelling or employee dwelling located on a farm and used in connection with agricultural or aquacultural activities.

"Farming operation" means a commercial agricultural or aquacultural facility or pursuit conducted, in whole or in part, including the care and production of livestock and livestock products, poultry and poultry products, and apiary, horticultural, or floricultural products; the planting, cultivating, and harvesting and processing of crops; and the farming or ranching of any plant or animal species in a controlled salt, brackish, or freshwater environment. "Farming operation" also includes, but shall not be limited to marketed produce at roadside stands or farm markets; noises, odors, dust, and fumes emanating from a commercial agricultural or an aquacultural facility or pursuit; operation of machinery and irrigation pumps; ground and aerial seeding and spraying; the application of chemical fertilizers, conditioners, insecticides, pesticides, and herbicides; and the employment and use of labor. A farming operation that conducts processing operations or salt, brackish, or freshwater aquaculture operations on land that is zoned for industrial, commercial, or other non-agricultural use shall not, by reason of that zoning, fall beyond the scope of this definition; provided that those processing operations form an integral part of operations that otherwise meet the requirements of this definition.

"Holder of record having a security interest" means a person who is the owner or possessor of a security interest in any land covered in section 4-158-36 and who has filed a copy of the interest with the department and the bureau of conveyances of the State.

"Land" includes all interests therein and natural resources including water, minerals, and all such things connected with land, unless otherwise expressly provided.

"Land agent" means the land agent of the public lands of the district where the land is situated, and is interchangeable with "property manager".

"Land license" means a privilege granted to enter land for a certain special purpose such as the removal of timber, soil, sand, gravel, stone, hapuu, and plants. "Land license" does not include ground or surface water rights, or removal of minerals.

"Land patent" means a government grant of real estate in fee simple.

"Lease" means the right to possess and use land for a term of years.

"New farmer" means a person who is:

(1) A college or community college graduate in agriculture, aquaculture, or beekeeping who has less than two years'' experience as a full-time farmer or less than four years' experience as a part-time farmer; or

(2) A person who by reason of ability, experience, and training as a vocational trainee is likely to successfully operate a farm, as determined by the administrator.

"Non-conforming use" means a use formerly permitted but presently incompatible with the permitted land use in a zoning district.

"Offgrade" is a descriptive term applicable to agricultural commodities which have a market value, and designates a quality lower than the lowest applicable grade in Hawaii, or other states in the Union for each agricultural commodity.

"Partner" means a person, firm, corporation, partnership, association, trust, or other legal entity, or a combination of any thereof, who or which has experience in the development and subdivision of land for agricultural or aquacultural uses and has the financial ability satisfactory to the board to develop and subdivide land and enter into a joint venture as provided in this section.

"Processed" means canned, preserved, frozen, pickled, dried, or otherwise prepared with or without any ingredients added thereto.

"Processor" means any person engaged within this State in the operation of producing for processing, or in the operation of receiving, grading, packing, canning, fermenting, distilling, extracting, preserving, grinding, crushing, or changing the form of an agricultural commodity for the purposes of marketing such product, in the intrastate commerce, but excludes a person engaged in manufacturing from an agricultural commodity, so changed in form, to another and different product. Examples: wine maker, kukui nut oil extractor, taro flour maker, etc.

"Produce dealer" means any person other than a producer who is engaged in the selling, marketing, or distributing of any agricultural commodity or in the business of soliciting.

"Producer" means any person engaged within this State in the growing or producing for market of any agricultural commodity, or any cooperative association of such persons.

"Product" means an agricultural commodity which has been produced by the producer and placed in condition for sale or distribution by the producer, distributor, or handler.

"Public lands" means all lands which have been given the status of public lands under chapter 171, HRS, and excluded by section 171-2, HRS; including all of the transferred non-agricultural park lands collectively and individually under chapter 166E, HRS, and to which the department of agriculture holds title by way of foreclosure, voluntary surrender, or otherwise, to recover moneys loaned or to recover debts otherwise owed the department under chapter 167.

"Public purpose" as used in this chapter, unless the context clearly indicates otherwise, includes but shall not be limited to all public uses, the straightening of boundaries of public lands, acquisition of access to landlocked public lands, the consolidation of the holdings of public lands, development of houselots, farmlots, and industrial parks.

"Qualified aquaculturalist" means a person who:

(1) Is actively engaged in aquaculture farming, aquacultural produce processing, or aquacultural product development activities; and

(2) Is a bona fide farmer or new farmer as defined in this chapter.

"Seized property" or "property seized" means any and all property, including personal property, items, materials, equipment, fixtures, motor vehicles, or vessels, that has been seized by the State as the result of an unauthorized use of or encroachment on land owned or controlled by the State.

"State" means the State of Hawaii.

"Unencumbered public lands" means any lands defined as public lands by section 171-2, HRS, and which have not been:

(1) Set aside for any purpose, by statute, executive order, or other means to a governmental agency; or

(2) Encumbered by lease, license, permit, easement, or other document issued by the department.

Unencumbered public lands include, but are not limited to, beach and coastal areas, submerged lands, and mountainous nonforest reserve, wildlife, or park areas.

History

[Eff DEC 06 2007] (Auth: HRS § 166E-6) (Imp: HRS §§ 166E-2, 166E-6)

Haw. Code R. § 4-158-2 Powers and general duties

(a) In addition to the powers and function granted to the board under chapter 26, HRS, the board shall have the power to:

(1) Prescribe forms of instruments and documents;

(2) Establish restrictions, requirements, or conditions, not inconsistent with those prescribed in chapter 166E, HRS, and this chapter, relating to the use of particular land being disposed of, the terms of lease, license, or permit, and the qualifications of any person to draw, bid, or negotiate for public land;

(3) Reduce or waive the lease rental at the beginning of the lease on any lease of public land to be used for any agricultural or pastoral use where the land being leased requires substantial improvements to be placed thereon; provided that such reduction or waiver shall not exceed two years for land to be used for any agricultural or pastoral use;

(4) Delegate to the chairperson or employees of the department, subject to the board's control and responsibility, such powers and duties as may be lawful or proper for the performance of the functions vested in the board;

(5) Set, charge, and collect reasonable fees in an amount sufficient to defray the cost of performing or otherwise providing for the inspection of activities permitted upon the issuance of a land license involving an agricultural purpose;

(6) Appoint hearing officers to conduct public hearings as provided by law and under such conditions as the board by rules shall establish;

(7) Approve of plans to develop public lands;

(8) Award and cancel leases, issue revocable permits, easements, and rights of entry covering lands for use consistent with its purposes;

(9) Approve the transfer, assignment, or sublease of a lease or any interest therein, including the transfer of stock of a corporation including a limited liability corporation holding the lease, or the interest in an association or partnership including a limited partnership holding the lease. To the extent the board reserves such a right in the lease, upon the transfer, assignment, or sublease of a lease or any interest therein, the board may establish additional restrictions, terms, or conditions not inconsistent with this chapter to insure and promote the purposes of the demised lands;

(10) Waive rental payments due to natural catastrophes and other external factors beyond the lessee's control and determine the period for the waiver;

(11) Establish lease rentals as provided in section 4-158-21;

(12) Bring such actions as may be necessary to remove or remedy encroachments upon public lands; and

(13) Do any and all things necessary to carry out its purposes and exercise the powers granted in Chapter 166E, HRS, and this chapter.

(b) Except as provided by law, the board through the chairperson shall:

(1) Enter into joint venture agreements or development contracts for development and infrastructure improvements of non-agricultural park lands; or contract for subdivision, and installation of infrastructure improvement as provided for in this chapter;

(2) Prevent illegal activities on, unlawful occupation of, or trespassing on public lands;

(3) Cause all trespassers and persons unlawfully occupying public lands, and their effects, and all animals trespassing on the lands to be removed therefrom and to impound the seized effects and animals according to law;

(4) Enter on any public land in order to take possession thereof, and to resume possession of any public land in case of surrender, default, forfeiture, or escheat; and

(5) Recover money due the State for damage done to any public lands by wrongful entry and occupation or by wrongful removal therefrom or destruction of any property or asset.

(1) Fine any person causing an encroachment upon public land as allowed by law and the person shall be liable for administrative costs incurred by the department and for payment of damages;

(2) Approve other lands for development pursuant to section 166E-10, HRS, and section 4-158-15, HAR, and lands acquired by the department by way of foreclosure, voluntary surrender, or otherwise pursuant to section V 155-4(12), HRS;

(3) Accept and process applications for leases;

(4) Disapprove lease applications when the prospective applicant is unable to meet the requirements of the program or the criteria for the particular disposition;

(5) Recommend for board action the disposition of lands to qualified applicants;

(6) Collect rents, assessments, and other fees and charges;

(7) Recommend for board action cancellation of leases where due notice of breach or default has been provided;

(8) Issue non-renewable dispositions granting easements, permits, and rights of entry for a period not in excess for fourteen days for use consistent with the purposes of this chapter;

(9) Administer and manage the non-agricultural park lands special fund;

(10) Recommend for board action lease rentals as provided in section 4-158-21;

(11) Set, charge, and collect interest and a service charge on delinquent payments due on leases, permits, or other accounts. The rate of interest shall not exceed one per cent a month and the service charge shall not exceed $50 a month for each delinquent payment; provided that the contract shall state the interest rate and the service charge and be signed by the party to be charged;

(12) Set, charge, and collect additional rentals for the unauthorized use of public lands by a lessee, licensee, grantee, or permittee who is in violation of any term or condition of a lease, license, easement, or revocable permit, retroactive to the date of the occurrence of the violation. Such amounts shall be considered delinquent payments and shall be subject to interest and service charges as provided in paragraph (11);

(13) Maintain an accurate inventory of transferred lands;

(14) Enforce contracts respecting leases, licenses, permits, or other disposition of public lands;

(15) Conduct all public auctions and drawings pertaining to the disposition of public lands and other property authorized by the board;

(16) Keep a record of all official transactions, relating to public lands within the chairperson's jurisdiction and such record shall be a public record;

(17) Establish, operate, maintain, and improve public lands infrastructure;

(18) Establish additional criteria for the selection of applicants not inconsistent with those prescribed in this chapter, relating to the intended use of particular land being disposed of, the financial feasibility of lot development, or the terms of the disposition, the criteria to be included in the public notice of disposition; and

(19) Establish conditions of award which shall be met to the satisfaction of the administrator prior to document execution, the conditions to be included in the public notice of disposition.

History

[Eff DEC 06 2007] (Auth: HRS § 166E-3) (Imp: HRS § 166E-6)

Haw. Code R. § 4-158-3 Fees and charges

Fees for the processing of lease or permit documents and records shall be charged as follows:

(1) Lease, permit, assignment of lease, sublease, consent to mortgage, collateral agreement, and all other documents: $30/document

(2) Copy of document: $.50/page

The cost of appraisals, surveys, public notices, lease closing and other services relating to lot disposition, reopening, or assignment which are incurred by the department shall be charged to the lessee upon completion of the relevant lease or permit transaction and any other fees or charges incurred by the department.

History

[Eff DEC 06 2007] (Auth: HRS § 166E-6) (Imp: HRS § 166E-8)

Haw. Code R. § 4-158-4 Penalties

(a) The chairperson may set, charge, and collect administrative fines and costs, as allowed by law, or bring legal action to recover administrative fees and costs as documented by receipts or affidavit, including attorneys' fees and costs; or bring legal action to recover administrative fines, fees, and costs, including attorneys' fees and costs, or payment for damages resulting from a violation of chapter 166E, HRS, or any rule adopted pursuant to chapter 166E, HRS.

(b) Any criminal action against a person for any violation of chapter 166E, HRS, shall not be deemed to preclude the State from pursuing civil legal action against that person. Any civil legal action against a person to recover administrative fines and costs for any violation of chapter 166E, HRS, or any rule adopted pursuant to chapter 166E, HRS, shall not be deemed to preclude the State from pursuing any criminal action against that person. Each day of each violation shall constitute a separate offense.

History

[Eff DEC 06 2007] (Auth: HRS § 166E-3) (Imp: HRS § 166E-6)

Haw. Code R. § 4-158-5 Covenants against discrimination

The board shall provide in every patent, deed, lease, agreement, license, or permit that the use and enjoyment of the premises being granted shall not be in support of any policy which discriminates against anyone based upon race, creed, color, national origin, sex, or a physical handicap. The board shall not dispose of any public land to any person who practices discrimination based upon race, creed, color, national origin, sex, or a physical handicap. As used in this section, "physical handicap" means a physical impairment which substantially limits one or more of a person's major life activities.

History

[Eff DEC 06 2007] (Auth: HRS § 166E-6; § 166E-8) (Imp: HRS § 171E-64; § 166E-8)

Haw. Code R. § 4-158-6 Irrigation projects

In any encumbrance or similar agreement, a condition may be provided requiring the inclusion of the land being disposed in any irrigation project formed or to be formed by the state agency responsible therefor and making the land subject to assessments made or to be made for such project and constituting such assessments a first lien upon the land which if not paid shall result in the forfeiture of the land subject to notice of default as provided in section 4-158-33.

History

[Eff DEC 06 2007] (Auth: HRS § 171-25) (Imp: HRS § 166E-6)

Haw. Code R. § 4-158-7 Prohibitions

The mining or taking of sand, dead coral or coral rubble, rocks, soil, or other marine deposits is prohibited with the following exceptions:

(1) The taking of such materials, not in excess of one gallon per person per day for reasonable, personal, noncommercial use;

(2) For the replenishment or protection of public areas and adjacent public lands or construction or maintenance of state approved reservoirs, harbors, launching ramps, or drainage channels with a permit authorized under chapter 183C, HRS;

(3) The clearing of such materials from existing drainage pipes and canals and from the mouths of streams including clearing for the purposes under section 4 6-11.5, HRS; provided that the materials removed shall be placed on adjacent areas unless this placement would result in significant turbidity; or

(4) The cleaning of areas for state or county maintenance purposes including the purposes under section 46-12, HRS; provided that the materials removed shall be placed on adjacent areas unless such placement would result in significant turbidity.

History

[Eff DEC 06 2007] (Auth: HRS § 171-58.5) (Imp: HRS § 166E-6)

Subchapter 2 TRANSFER OF NON-AGRICULTURAL PARK LANDS

Haw. Code R. § 4-158-8 Conversion of qualified and encumbered lands

(a) The board may offer to convert an existing encumbrance on those lands transferred into new long-term leases. Prior to the board making an offer to convert an existing encumbrance to a long-term lease, the board shall determine that it is in the public interest to assist those holding encumbrances, who presently operate or operated a viable agricultural activity for a livelihood. Further, by allowing conversion of existing encumbrances into new long-term leases, the State would realize greater returns and reduce disruptions to current ongoing farming operations. The lessee may request conversion of the lease if the remaining term is less than ten years, but more than five years. For land with encumbrances, conversion shall be limited to those lands:

(1) Not needed by any state or county agencies for any other public purpose; and

(2) Zoned, classified, or leased for agricultural activity.

(b) The board may negotiate and enter into a new lease of not less than fifteen years and not more than sixty-five years. In issuing the new leases the department shall:

(1) Require appraisal of the parcel in accordance with section 4-158-21;

(2) Impose other lease terms, provisions, restrictions, and conditions as provided in this chapter as may be required to protect the State's interests;

(3) Recover from the new lessees the costs of subdividing the parcel as may be required;

(4) Require the payment of annual lease rent by appraisal and a premium computed at twenty-five per cent of annual base rent, with the premium to be added to the lease rent for each year of lease equal to the number of years that person occupied the land, but not to exceed seven years. For example, if land is occupied for ten years, the twenty-five per cent premium shall be paid for seven years, the maximum term; and

(5) Require those qualifying under subsection (a) to meet the bona fide farmer criteria as defined in section 4-158-1.

History

[Eff DEC 06 2007] (Auth: HRS § 166E-4) (Imp: HRS § 166E-6)

Haw. Code R. § 4-158-9 Extension of encumbered non-agricultural park lands

This section shall apply to those existing encumbrances that meet the following:

(1) The tenant must hold a current lease for use of lands transferred to the department;

(2) The holder of an encumbrance shall be satisfactorily performing in full compliance with the terms and conditions of the existing lease, permit, or license;

(3) The holder of an encumbrance shall not be in arrears in the payment of taxes, rents, or other obligations owed to the State or any county; and

(4) The holder of an encumbrance's agricultural activity or farming operation shall be fully and economically viable as specified in section 4-158-11.

Upon request, the administrator shall evaluate the existing encumbrance to determine whether the farming operation and the holder of encumbrance meets the qualification and eligibility requirements, as outlined in section 4-158-11. The department on a case-by-case basis may recommend to the board the option to renegotiate or amend for extension each existing encumbrance. The board may review the recommendation and shall approve a course of action. The encumbrances deemed not qualified shall continue unabated until the encumbrance termination date expires.

History

[Eff DEC 06 2007] (Auth: HRS § 166E-5) (Imp: HRS § 166E-6)

Haw. Code R. § 4-158-10 Term, rent, and condition of extension

(a) Terms of extension shall not be for a longer term period than sixty-five years, that includes the aggregate of the existing term period with the extension term period cumulatively summed.

(b) All extensions shall require the determination of the base rent and additional rents. The rental value of the existing lease shall be based on the appraisal conducted by a disinterested appraiser or appraisers contracted by the administrator. Should the lessee disagree with the rental value, the lessee may invoke provisions of section 4-158-21. In no case shall the base annual rent of the existing encumbrance be reduced from its current rate.

(c) Conditions of the lease extension shall remain the same or not less restrictive than those conditions specified in subchapters four and five. The board may impose certain lease requirements or condition the extension provisions to make whole any holders of security interest in order that any outstanding loan status shall not be jeopardized or foreclosed upon as a result of the extension.

(d) An extension may be granted to extend the term of the lease to the extent necessary to qualify the lease for mortgage lending or guaranty purposes with any federal mortgage lending agency, to qualify the lessee for any state or private lending institution loan, private loan guaranteed by the State, or any loan in which the State and any private lender participates, or to amortize the cost of substantial improvements to the demised premises that are paid for by the lessee without institutional financing, such extension being based on the economic life of the improvements as determined by the administrator or an independent appraiser; provided that the approval of any extension shall be subject to the following:

(1) The demised premises are developed and utilized according to a plan of utilization and development approved by the department;

(2) The lessee is otherwise in compliance with lease terms;

(3) The aggregate of the initial term and any extension granted shall not be for more than sixty-five years;

(4) Proceeds of any mortgage or loan shall be used solely for the operations or improvements on the demised premises;

(5) Where improvements are financed by the lessee, the lessee shall submit receipts of expenditures within a time period specified by the board, otherwise the lease extension shall be canceled;

(6) The rules of the board, setting forth any additional terms and conditions, which shall ensure and promote the purposes of the demised lands;

(7) The board may increase the rent and adjust the rental period; and

(8) Additional restrictions, terms, and conditions to insure and promote the purposes of the demised lands, to the extent the board has reserved this right in the lease.

History

[Eff DEC 06 2007] (Auth: HRS § 166E-5) (Imp: HRS § 166E-6)

Haw. Code R. § 4-158-11 Eligibility for extension

(a) The existing agricultural activity or farming operation shall meet at least three of the following criteria to qualify for extensions under this section:

(1) Conforms with provisions of the Hawaii State Plan or the State Functional Plan for Agriculture;

(2) Supports enhancement or expansion of locally grown replacement crops for sugar;

(3) Protects and conserves suitable agricultural lands within the land district;

(4) Promotes diversified agriculture industry and development of new crops;

(5) Increases the State's self-sufficiency of agricultural commodities and products;

(6) Produces an agricultural commodity that contributes to reducing imported produce;

(7) Ensures the continued availability of suitable agricultural lands in the land district; or

(8) Conforms with any other agricultural uses that the board may deem worthwhile for the preservation of the diversified agricultural industry for the land district. Upon request, the administrator shall evaluate each encumbrance and determine whether or not a recommendation to the board for permission to negotiate a lease extension is justified.

(b) Eligibility requirements. Holders of existing encumbrances shall meet at least four of the following requirements:

(1) Has filed a general excise tax (state) G-49 form for the past seven years either with the state tax department or the Internal Revenue Service showing farming revenues;

(2) Possesses an general excise tax license from the state tax department and has filed tax returns on it;

(3) Has maintained a viable farming operation or produced an agricultural commodity for the past seven years in the land district;

(4) Has operated a family farming operation or employs a minimum of two unrelated farm workers;

(5) Has not filed for bankruptcy during the term of the existing lease or not in default of more than six months rent or cited to be in violation of any lease terms, conditions, or covenants;

(6) Possesses a farm business financial plan or conservation plan, or both; or

(7) Is an approved co-operator with the state soil and water conservation district program under chapter 180, HRS. The administrator shall request each lessee or permittee to file an affidavit showing that existing holders of encumbrance meet the above criteria or submit proof, whichever is acceptable. Any wilful violation of this requirement shall be cause for the cancellation of the existing encumbrance and forfeiture of the land to the department without due course.

History

[Eff DEC 06 2007] (Auth: HRS § 166E-5) (Imp: HRS § 166E-6)

Haw. Code R. § 4-158-12 Extension restrictions

The board may impose the following restrictions on any lease extensions:

(1) No aggregate term period shall be less than fifteen years nor exceed sixty-five years;

(2) The purpose of the extension shall be for a specific agricultural activity(ies) and may include waste or unusable lands for preservation of the surrounding environment and continuity of farming operations; and

(3) The lease shall not be in violation of existing lease terms or conditions or be in arrears of rents due at the date of extension.

History

[Eff DEC 06 2007] (Auth: HRS § 166E-5) (Imp: HRS § 166E-6)

Subchapter 3 POLICY, PLANNING, AND DEVELOPMENT

Haw. Code R. § 4-158-13 Planning

(a) The division from time to time shall:

(1) Reassess the non-agricultural park lands program and define new directions and priorities for the program;

(2) Identify and analyze potential non-agricultural park lands required to support the development of agricultural industries in the State; and

(3) Select and recommend suitable sites for future non-agricultural park lands projects to meet the needs of agricultural commodity industries.

(b) Prior to the development of a non-agricultural park lands project, and subject to section 166E-10, HRS, the administrator shall prepare or cause to be prepared plans and specifications as a package for board action, including but not limited to:

(1) Site selection analysis, including preliminary site inspection and boundary mapping, sufficient to establish the suitability of the land for its intended uses;

(4) Environmental impact statement prepared in accordance with chapter 11-200 (Department of Health);

(5) Land use district boundary amendment and county plan and zoning amendments as required for the project;

(8) Consultation and advice during construction phase, including resolution of problems due to unforeseen conditions, approval of substitutions by the contractor, and as-built drawings.

(c) If the non-agricultural park land improvements are to be developed exempt from county zoning and subdivision requirements pursuant to section 166E-10, the project plans and specifications shall include- detailed information on the method and costs of maintaining the exempt improvements.

History

[Eff DEC 06 2007] (Auth: HRS §§ 141-1, 166E-6) (Imp: HRS § 166E-6; §§ 166E-9, 166E-10)

Haw. Code R. § 4-158-14 Development

The division shall cause non-agricultural park lands infrastructure improvements approved by the board to be established, improved, operated, and maintained.

History

[Eff DEC 06 2007] (Auth: HRS §§ 141-1, 166E-6) (Imp: HRS § 166E-6; §§ 166E-9, 166E-10)

Haw. Code R. § 4-158-15 Development by joint ventures

Any non-agricultural park lands developed by the department in partnership with a federal agency, a county, or a private party shall be subject to a partnership agreement approved by the board of agriculture, which agreement shall provide, at a minimum:

(1) A determination by the board that it is in the public interest to enter into the partnership agreement;

(2) Long-term assurance that the land will be utilized for agricultural or aquacultural purposes;

(3) Board approval of the non-agricultural park lands development plans and specifications;

(4) Selection and management of lessees in a manner approved by the board; and

(5) Conditions to ensure a public benefit from any state funds expended for the project.

History

[Eff DEC 06 2007] (Auth: HRS § 141-1; § 166E-9) (Imp: HRS § 166E-6)

Haw. Code R. § 4-158-16 Planning; joint ventures

(a) Prior to entering into a partnership agreement, the board shall:

(1) Determine:

(A) Whether the lands shall be developed by-disposition or contract;

(B) The location, area, and size of the lands to be developed;

(D) The estimated period of time to construct and complete the development;

(E) Minimum requirements for on-site and off-site improvement, if any; and

(F) Such other terms and conditions as shall be deemed necessary by the board;

(5) Require each interested person to submit a sealed bid, which shall include a development plan in as much detail as possible including but not limited to the following: the interested person's proposal as to how and when the person intends to develop the land in partnership with the board, including any permitted incremental development, the amount of money the person intends to commit to the total project, the method of recovery of the. interested person's costs and profits, the amount the person agrees to pay to develop the land, and the income the board will receive from leases;

(6) Establish reasonable criteria for the selection of a private party or parties as a partner; and

(b) If only one person meets the criteria for selection as the partner, the board then may enter into a partnership agreement with that persons-provided that the terms of the partnership agreement shall not be less than those proposed by the partner in the application. If two or more persons meet the criteria for selection, the board shall consider all of the relevant facts of the partnership agreement, the proposals submitted by each person, the experience and financial capability of each person, and shall within forty-five days from the date of selection of the persons that met the criteria, select the person who submitted the best proposal. The board then may negotiate the details of the partnership agreement; provided that the terms of the agreement shall not be less than those proposed by the partner in the application.

History

[Eff DEC 06 2007] (Auth: HRS § 141-1; § 166E-9) (Imp: HRS § 166E-6)

Haw. Code R. § 4-158-17 Terms of joint venture

Any partnership agreement for a joint venture shall be approved by the board and shall be in conformity with section 4-158-15. The terms of a partnership agreement for joint venture shall include the following, wherever appropriate:

(1) The development and subdivision shall comply with appropriate state and county zoning and subdivision requirements; provided that, pursuant to section 166E-10, the development and subdivision may be exempt from the requirements;

(2) The partners shall file with the department a good and sufficient bond conditioned upon the full and faithful performance of all the terms, covenants, and conditions of the partnership agreement;

(4) The date of completion of the total development, including the date of completion of any permitted incremental development;

(5) The minimum requirements for off-site and onsite improvements that the partner must install, construct, and complete by the date of completion of the total development. The board may permit incremental development and establish the minimum requirements for offsite and on-site improvements that must be installed, constructed, and completed prior to the date of completion of the total development;

(7) In the event of a lease, the partner may be permitted, after the partner has completed construction of any required offsite improvement, to assign or sublease with board approval portions of the leased lands in which the construction of any offsite improvement has been completed to an assignee or sublessee who shall assume the obligations of the partner relative to the parcel being assigned or subleased, including the construction of any onsite improvement. The board may permit a partner to share in the lease rent for a fixed period in order to recover costs and profit;

(9) Other terms and conditions set by the board.

History

[Eff DEC 06 2007] (Auth: HRS § 141-1; § 166E-9) (Imp: HRS § 166E-6)

Subchapter 4 DISPOSITION OF NON-AGRICULTURAL PARK LANDS

Haw. Code R. § 4-158-18 Lease provisions, generally

Every lease issued by the board shall contain:

(1) The specific use or uses to which the land is to be employed, provided that the use or uses shall be for agricultural or aquacultural activities only;

(3) Restrictions against alienation as set forth in section 4-158-5;

(4) The rent as established by the board or at public auction, which shall be payable not more than one year in advance, in monthly, quarterly, semiannual, or annual payments;

(6) Such other terms and conditions as the board deems necessary to preserve and protect non-agricultural park lands and to effectuate the purposes of the state constitution and chapter 166E, HRS.

History

[Eff DEC 06 2007] (Auth: HRS § 166E-6; § 166E-8) (Imp: HRS § 166E-6; § 166E-8)

Haw. Code R. § 4-158-19 Lease restrictions, generally

(a) Except as otherwise provided, the following restrictions shall apply to all leases:

(1) No lease shall be for a term of less than fifteen years nor more than sixty-five V years, including any extension granted for mortgage lending or guarantee purposes;

(2) No lease shall be made to any person who is in arrears in the payment of taxes, rents, or other obligations owing the State or to any person who, during the five years preceding the date of disposition, has had a previous sale, lease, license, permit, or easement covering public lands canceled for failure to satisfy the terms and conditions thereof;

(3) Any transferee, assignee, or sublessee of a non-agricultural park land lease shall first qualify as an applicant under this chapter. No lease or any interest therein, including corporate stock or interest in a partnership or association, shall be transferred or assigned without the consent of the board, except by devise, bequest, or intestate succession and upon the further condition that there is a dwelling on the property in which the devisee or heir resides or that more than fifty per cent of the devisee's or heir's income is derived from the productive use of the property. In the absence of or upon cessation of these conditions, the devisee or heir shall surrender the lease and improvements, or any interest therein, to the board pursuant to section 4-158-35;

(4) With the approval of the board, and subject to the provisions of section 4-158-35, the assignment and transfer of a lease or any interest therein, including stock of a corporation holding the lease or an interest in a partnership or association holding the lease, may be made if:

(A) The lessee becomes mentally or physically disabled;

(B) Extreme economic hardship is demonstrated to the satisfaction of the board; or

(5) Prior to the approval of any assignment of lease permitted by this section, the board shall have the right to review and approve the consideration to be paid by the assignee and may condition its consent to the assignment of the lease on payment by the lessee of a premium based on the amount by which the consideration for assignment, whether by cash, credit, or otherwise, exceeds the depreciated cost of improvements and trade fixtures being transferred to the assignee; provided further that in the event of foreclosure or sale, the premium, if any, shall be assessed only after the encumbrances of record and any other advances made by the holder of a security interest are paid; provided further that the board may adjust the base and additional rental pursuant to the method outlined in section 4-15-21;

(6) The lessee shall not sublet the whole or any part of the demised premised without the approval of the board; provided that:

(A) Prior to the approval, the board shall have the right to review and approve the rent to be charged to the sublessee;

(B) In the case where the lessee is required to pay rent based on a percentage of its gross receipts, the rents paid by the sublessee shall be included as part of the lessee's gross receipts; and

(C) The board shall have the right to review and, if necessary, revise the rent of the demised premises based upon the rental rate charged to the sublessee including the percentage rent, if applicable, and provided that the rent may not be revised downward; and

(7) The lease shall be for a specific use or uses, and shall not include wastelands unless it is impractical to provide otherwise.

(b) The board may allow commercial agricultural operations for the processing, marketing, and displaying of agricultural crops or commodities, which may include any product created through value-added processes. The commercial activity may sell to the general public provided that the operations shall be owned and operated by a lessee in good standing with the department, provided that:

(1) The demised premises shall be developed and utilized in accordance with the plan of utilization and development approved by the department;

(2) The lessee shall derive the majority of the lessee's annual gross income from the cultivation of agricultural commodities on the demised premises; and

(3) All products for sale from the premises must have at least fifty per cent of its contents made from commodities cultivated, grown, or produced on the demised premises.

History

[Eff DEC 06 2007] (Auth: HRS § 166E-6; § 166E-8) (Imp: HRS § 166E-6; § 166E-8)

Haw. Code R. § 4-158-20 Additional terms and conditions

(a) The lessee, within a-reasonable period of time and in accordance with the plan of development and utilization provided for in subsection (d), shall derive the major portion of the lessee's annual income from the production of livestock, poultry, crops or products for which the land is granted to the lessee; provided that this restriction shall not apply if failure to meet the restriction results from mental or physical disability or the loss of a spouse, or if the premises are fully utilized in the production of crops or products for which the disposition was granted. The lessee shall promptly provide information and documents requested by the administrator, including but not limited to copies of income tax returns, to verify that the income requirement is being met.

(b) The lessee shall furnish the department, prior to the issuance of the executed lease, the following:

(1) A certificate of comprehensive liability insurance to be maintained throughout the term of the lease with coverage in an amount to be determined by the administrator and approved by the board, subject to periodic review and adjustment at intervals specified in the lease. The certificate of insurance shall name the department as an additional insured and shall require a thirty-day notice to the department of any policy change or cancellation; and

(c) The board, at its discretion, may permit a farm dwelling or dwellings on a leased lot if the need is clearly demonstrated. The farm dwelling or dwellings shall be used in connection with agricultural or aquacultural activities on the lot and shall not be used for rental purposes. The dwelling shall be subject to such additional terms and conditions as the board may require, including, but not limited to, adjustment of the base rental to reflect residential use.

(d) The lessee shall utilize the land only for the purposes specified in the lease, in accordance with a plan of development and utilization which shall be submitted for the administrator's approval prior to the issuance of the lease. The lessee shall not modify or deviate from the plan without the approval of the department and any unapproved modification or deviation from the plan may be cause for the termination of the lease.

(e) All construction on the leased lot shall be in accordance with plans approved by the administrator and shall be in accordance with all applicable federal, state, and county laws, ordinances, and rules, including but not limited to laws regarding environmental quality control.

(f) When a notice of lease disposition covers more than one lot or parcel, each lessee shall bear a pro rata share of the cost of the services referenced in subsection (b) and the pro rata share shall be determined by the administrator.

(g) " The administrator or the administrator's authorized representative has the right to inspect, at reasonable hours, the leased property and the improvements, crops, livestock, equipment, chattels, books, and records of the lessee in connection with the administration of the lease.

History

[Eff DEC 06 2007] (Auth: HRS § 166E-6; § 166E-8) (Imp: HRS § 166E-6; § 166E-8)

Haw. Code R. § 4-158-21 Appraisals and setting of lease rents

(a) Public auction. The appraisal of lands for the determination of the upset lease rental at public auction may be made by an employee of the department qualified to appraise lands, or by one but not more than three disinterested appraisers contracted for by the administrator; provided that the upset lease rental shall be determined by disinterested appraisal when prudent management so dictates. Except as otherwise provided in this subchapter, no such lands shall be leased for a sum less than the rental value fixed by appraisal; provided that for any lease at public auction, the board may establish the upset lease rental at less than the appraisal value set by an employee of the department and the land may be leased at that price. The department shall be reimbursed by the lessee for the cost of any appraisal made by a disinterested appraiser or appraisers contracted for by the department.

(b) Drawing or negotiation. The base rental and additional rental lands to be disposed of by drawing or by negotiation shall, except as otherwise provided in this subchapter, be no less than the rental value determined by a disinterested appraiser or appraisers contracted by the administrator, and such appraisal, and any further appraisal which is made at the request of the lessee and with the approval of the department, shall be reimbursed to the department by the lessee.

(c) Reopening. In the case of reopenings of the rental for a lease, the base rental and additional rental for any ensuing period shall be the rental value at the time of reopening determined in conformance with the uniform standards of professional appraisal practice as adopted by national professional appraisal organizations. At least six months prior to the time of reopening, the rental value of the land in the specific use or uses for which the disposition was made shall be determined by an appraiser whose services shall be contracted for by the administrator, and the lessee shall be promptly notified of the determination; provided that should the lessee disagree with the appraised rental, the lessee may appoint the lessee's own appraiser who together with the department's appraiser shall appoint a third appraiser, and the appraised rental shall be determined by arbitration as provided in chapter 658A, HRS. In that case the lessee shall pay for the lessee's own appraiser, the department shall pay for its appraiser, and the cost of the third appraiser shall be borne equally by the lessee and the department.

(e) When more than one appraiser is appointed, each shall prepare and submit an independent appraisal. All appraisal reports shall be available for review by the public.

(f) Notwithstanding anything to the contrary contained in this chapter, the administrator may recommend to the board for approval an adjustment of an appraised value. The administrator may recommend using any of the following adjustments:

(1) An adjustment of the fee simple value determined through appraisal as necessary to maintain equitable fee simple values between, among, or throughout the department's land lease system for lands having the same designated use and which are put out to lease within twelve months of each other;

(2) An adjustment of the rental value determined through appraisal by:

(A) Applying a percentage of the rate of return used in the appraisal instead of the appraisal's rate of return. An adjusted rate of return may be applied in the following cases:

(i) For those uses which require extensive or large capital expenditures to meet lease terms and conditions;

(ii) For those uses involving a crop of low yield value; and

(B) Factoring in a lot's unproductive acreage, e.g., drainageways, restricted easements, common usage, and uncontributory land areas, for those lots for which the specified use is for crops to be "grown in the soil or ground";

(D) Delaying collection of the rental for those crops or specific uses where no income is realized during the first five to seven years. Generally, this adjustment would apply to orchard type crops where a tree must reach a certain maturity before bearing fruit, e.g., macadamia nut, guava, and other tropical fruit plants. The proposed rental structure may factor in the no revenue years with low rent and the revenue years with a "catch-up" rent, making a multi-tier rental structure during the initial rental period; or

(3) An adjustment of the rental determined through appraisal at the time of reopening or conversion, as the case may be, by:

(A) Factoring in the income for a particular lessee using a percentage increase that reflects the increase in the agricultural use value of the leasehold since commencement of the lease;

(B) Using an appropriate index (e.g., consumer price index, producers' price index, etc.) to calculate an escalation of the rental over a specified period of time.

History

[Eff DEC 06 2007] (Auth: HRS § 165E-6; § 166E-8) (Imp: HRS § 166E-6)

Haw. Code R. § 4-158-22 Negotiation

(a) A lease of non-agricultural park lands may be disposed of through negotiation upon a finding by the board that the public interest demands the disposition as provided by section 171-18, HRS.

(b) After a determination is made, to negotiate the disposition of a lease, the administrator shall:

(1) Give public notice in accordance with the procedure set forth in section 4-158-30(d), of the department's intention to lease non-agricultural park lands through negotiation, setting forth the minimum conditions thereunder, and the uses for which the land will be leased. Any person interested in securing the lease shall file an application with the administrator not later than forty-five days after the first publication of the notice.

(c) If only one applicant meets the criteria for selection of the lessee, the board may, after notice as provided in subsection (b)(2), dispose of the lease by negotiation.

(e) Disposition of non-agricultural park lands set aside for common use or for the processing of agricultural products may be negotiated without regard to the limitations set forth in this section and section 4-158-29; provided that the disposition encourages competition within the agricultural processing industry and shall not exceed a maximum term of thirty-five years.

(f) The lease shall be issued when conditions of the award of lease are fulfilled.

(g) Notwithstanding the provisions of this section and section 4-158-29, the board may renegotiate leases as provided in section 4-158-2.

History

[Eff DEC 06 2007] (Auth: HRS § 166E-6; § 166E-8) (Imp: HRS § 166E-6)

Haw. Code R. § 4-158-23 Drawing of lot

When the board determines that non-agricultural park lands are to be leased by drawing, the administrator shall give public notice inviting applications for the drawing as provided in section 4-158-29, with such details concerning the drawing as it deems necessary and desirable. Applications to participate in the drawing shall be filed with the department within two weeks after the last publication date of the notice. Within not more than one hundred twenty days after the closing date for applications, the administrator shall screen the qualifications of the applicants, select those qualified to participate, notify all applicants of the selection, and conduct a drawing. The date of the drawing shall be published as set forth in section 4-158-29. All applicants shall be notified of the results of the drawing, and the award of leases shall be made by the board at its next regularly scheduled meeting. The lease shall be issued when conditions of the award of lease are fulfilled.

History

[Eff DEC 06 2007] (Auth: HRS § 166E-6; § 166E-8) (Imp: HRS § 166E-6)

Haw. Code R. § 4-158-24 Public auction

(a) Disposition of non-agricultural park lands may be made at public auction after public notice as provided in section 4-158-29. All public auctions shall be held at the department or at any other convenient place in the district in which the land is located, and shall be conducted by the administrator or by an authorized employee of the division under the direction of the administrator, who shall perform this service without extra compensation.

(b) To be eligible to bid in an auction for a non-agricultural park lands lease, a bidder shall qualify as a bona fide farmer or new farmer as defined in this chapter.

History

[Eff DEC 06 2007] (Auth: HRS § 166E-6; § 166E-8) (Imp: HRS § 166E-6)

Haw. Code R. § 4-158-25 Conduct of drawing

(b) All qualified applicants shall be placed in the following groups:

(1) Group I, All persons given preference pursuant to section 4-158-28; or

(2) Group II, Bona fide farmers as defined in this chapter.

(1) Within Group I, by prioritizing in any sequence the different preference categories identified in section 4-158-28(a)(1) through (a) (6).

(2) Within the Group I preference categories and within Group II, by establishing subgroups of priority based on qualification for non-agricultural park land lots intended for restricted use. The department may also reserve or limit the number of intended restricted use lots designated to a subgroup and may determine the order in which lots for different restricted uses shall be drawn. If there is an insufficient number of qualified applicants for the first intended restricted use, the remaining lots may be made available for selection for an alternate intended restricted use, and thereafter for selection for nonrestrictive permitted use until all lots are selected.

History

[Eff DEC 06 2007] (Auth: HRS § 166E-6; § 166E-8) (Imp: HRS § 166E-6)

Haw. Code R. § 4-158-26 Disposition of abandoned or seized property

The department may sell, donate, or otherwise dispose of property abandoned or seized on public land upon compliance with the requirements of section 171-31.5, HRS.

History

[Eff DEC 06 2007] (Auth: HRS § 171-31.5) (Imp: HRS § 166E-6)

Haw. Code R. § 4-158-27 Application requirements

(a) An applicant shall meet one or more of the following qualifications:

(1) Qualifications as a bona fide farmer pursuant to section 4-158-1;

(2) Qualifications as new farmer pursuant to section 4-158-1;

(3) The person meets such other qualifications as the board may prescribe pursuant to 4-158-2; or

(4) Citizenship or permanent status alien. Any person shall be eligible to apply for a non-agricultural park lands lease if the person:

(A) Is a citizen of the United States who has resided in the State for at least three years or is a permanent status alien who has resided in the State for at least five years; and

(B) Is a bona fide farmer or new farmer as defined in this chapter.

(b) All applicants. In addition to satisfying the requirements of subsection (a), all applicants shall demonstrate the ability to perform the lease terms and shall provide the following information, at a minimum, to the administrator:

(1) A resume with periods of farming experience identified by month and year;

(2) A preliminary plan of utilization and development of the land including a financial projection of the estimated cost of the development;

(3) State and county tax clearances including general excise tax;

(4) An affidavit that the applicant is not delinquent in any obligation to the State or any of its political subdivisions; and that the applicant has not had a sale, lease, license, permit or easement covering public land canceled for failure to satisfy any terms or conditions thereof;

(5) A financial statement, in the format outlined in the application instructions, including a balance sheet current within six months; and

(6) Copies of state income tax returns for the last five years.

(c) Additionally, applicants which are partnerships including limited partnerships, corporations including limited liability corporations, associations, trusts, or agricultural cooperatives shall provide the following information:

(1) In the case of a corporation, a copy of articles of incorporation reflecting date of filing, purpose of the corporation, and disclosure of all directors and officers;

(2) In the case of an association, partnership, corporation, or agricultural cooperative, a resume of associates, partners, trustees, directors and officers, and members, with periods of farming experience identified by months and years.

(d) Whenever the board establishes additional criteria for the selection of lessees, pursuant to section 4-158-2(a)(2), in support of qualification, each applicant shall provide documentation to the satisfaction of the administrator.

History

[Eff DEC 06 2007] (Auth: HRS § 166E-6) (Imp: HRS § 166E-6)

Haw. Code R. § 4-158-28 Preference right

(a) Any person otherwise qualified to take a lot shall have preference in any disposition by drawing of lots if the person:

(1) Is a veteran who served in the military forces of the United States and who was honorably discharged therefrom;

(3) Is an owner or lessee in possession of farm premises that will be condemned, taken, or repossessed by a governmental authority or private person, for any reason, and will be a displaced farmer within five years following the application date for a lot;

(4) Operates a farm located in a zoning district where agricultural use is a nonconforming use;

(5) Is a new farmer as defined in this chapter that does not own fee simple or possesses a agricultural lease; or

(6) Has been displaced by reason of any natural disaster as defined in this chapter.

After the above preference, any person who is a citizen of the United States and who is otherwise qualified shall be given preference over non-citizens.

(b) Proof of preference status. Any applicant claiming preference status shall furnish proof of veteran status, displacement or potential displacement, nonconformance to zoning, or new farmer qualification as called for in the instructions to applicants and which shall be submitted together with the application.

History

[Eff DEC 06 2007] (Auth: HRS § 166E-6) (Imp: HRS § 166E-6)

Haw. Code R. § 4-158-29 Notices

(a) Any disposition of public lands shall require public notices as prescribed in the following paragraphs. In addition to giving public notice, any public notice required under this section shall also be posted on the Internet in an easily-located manner, or on the department's website.

(b) Each notice of proposed lease disposition shall contain the following-information:

(1) General information regarding all the parcels or lots offered for lease, such as time and place of disposition, terms and conditions of disposition, qualification of applicants, procedure for filing application, conditions of award, if any and time and place at which more detailed information regarding the lease disposition may be obtained;

(3) The lessee's responsibility for applicable lease disposition costs pursuant to section 4-158-3.

(c) Auctions. Public notice of any proposed disposition by auction shall be given at least once in the land district where the land being disposed of is located. Notice of the auction shall contain in addition to information in subsection (a) the following:

(1) General description of the land, including the address and tax map key;

(2) Specific use for which the disposition is intended;

(3) Minimum upset price or rental; and

(4) The maps showing the metes and bounds description and the classification of the land shall be kept in the division or its land agent in the land district in which the land is situated, and shall be available for inspection at normal business hours.

(d) Drawings. Whenever a disposition by drawing by lots is proposed, notice inviting applications to participate in the drawing shall be given at least once in the land district where the land being disposed of is located. The notice shall contain, in addition to information in subsection (a):

(1) The qualifications required;

(2) A general location and tax map key;

(3) The specific use for which the disposition is intended;

(4) Base rental to be charged, and basis for additional rent, if any; and

(5) The date by which all applications shall be filed, which date shall be not less than fourteen days after the last publication date.

(e) Negotiation. Public notice of a proposed disposition by negotiation shall be given at least once in the land district -where the land being disposed of is located; provided that the notices are not required for permits, and dispositions of remnants. The notice shall invite proposals and state in general the terms and conditions that will be negotiable and those terms which shall be predetermined and the last date on which application will be received by the department which date shall not be less than thirty days after the last date of the notice. The notice shall also state the times and places at which more detailed information with respect to the sale or lease may be secured by interested person. If more than one applicant qualifies then the administrator shall review and may recommend to the board for approval to negotiate the best terms.

History

[Eff DEC 06 2007] (Auth: HRS §§ 166E-6, 171-16; § 166E-8) (Imp: § 166E-8)

Haw. Code R. § 4-158-30 Ineligible applicants

(a) No person shall be eligible to lease public lands who has had during the five years preceding the date of disposition a previous sale, lease, license, permit, or easement covering public lands canceled for failure to satisfy the terms and conditions thereof.

(b) No person shall be eligible to lease public land who is in arrears in the payment of taxes or other obligations to the State or any of its counties.

History

[Eff DEC 06 2007] (Auth: HRS § 166E-6) (Imp: HRS § 166E-6)

Haw. Code R. § 4-158-31 Expired leases; holdover

Upon expiration of the lease term, if the leased land is not otherwise disposed of, the board may allow the lessee to continue to hold the land for a period not exceeding one year upon such rent, terms, and conditions as the board may prescribe; provided that if, immediately prior to the expiration of the lease, the land was cultivated with crops having ratoons for at least one cycle, as defined hereinafter, the board may permit the lessee to continue to hold the leased land until the crops from the last remaining cycle have been harvested. The term "cycle" as used in this section means the period required to plant and cultivate the original crop, including the harvesting of the first ratoon, being a period exceeding two years.

Upon expiration of the one-year extension, if the board has not yet decided upon the re-lease of the land or reservation for other purposes, the department may issue a temporary permit to the lessee, subject to section 4-158-2 and the rent and such other terms and conditions as the board may prescribe.

History

[Eff DEC 06 2007] (Auth: HRS §§ 166E-6, 171-40) (Imp: HRS § 166E-6)

Subchapter 5 MANAGEMENT OF NON-AGRICULTURAL PARK LANDS

Haw. Code R. § 4-158-32 Consent to mortgage

(a) Whenever under this chapter or under any lease, license, permit, or other instrument issued by the board, consent of the board is required' as a condition precedent to the mortgage of, or the creation of a security interest in public land, the chairperson of the board may, upon due application, grant the consent, and if the mortgage or security interest is to a recognized lending institution authorized to do business as a lending institution in either the State or elsewhere in the United States, the consent may extend to foreclosure and sale at the foreclosure to any purchaser, including the mortgagee, provided the purchaser shall be qualified under this chapter to lease, own, or otherwise acquire and hold the land or any interest therein. The interest of the mortgagee or holder shall be freely assignable. The term "holder" includes an insurer or guarantor of the obligation or condition of the mortgage, including the Federal Housing Administration, the Federal National Mortgage Association, Department of Veterans Affairs, the Small Business Administration, the United States Department of Agriculture, or any other federal agency and their respective successors and assigns, or any lending institution authorized to do business in the State or elsewhere in the United States; provided that the consent to mortgage to a nongovernmental holder shall not confer any greater rights or powers in the holder than those which would be required by any of the aforementioned federal agencies.

(b) Notwithstanding any provision in this chapter to the contrary, in leases or sales for agricultural residential purposes, the board may waive or modify any restrictions of the lease or sale or any restrictions contained in any such lease or sale if the waiver or modification is necessary to enable any of the federal agencies specified in subsection (a) or any lending institution authorized to do business in the State or elsewhere in the United States to participate in any loan secured by a mortgage on the land or the leasehold interest; provided any such waiver or modification shall not confer any greater rights or powers in the holder than those which would be required by the Federal Housing Administration or the United States Department of Agriculture.

History

[Eff DEC 06 2007] (Auth: HRS § 166E-6; § 166E-8) (Imp: HRS § 66E-6; § 166E-8)

Haw. Code R. § 4-158-33 Notice of breach or default

Except as otherwise specifically provided in this chapter, in the event of a breach or default of any term, covenant, restriction, or condition of any lease or patent heretofore or hereafter issued under this chapter, the administrator shall deliver a written notice of the breach or default by personal service or by registered or certified mail to the party in default and to each holder of record having any security interest in the land covered by or subject to the lease or patent making demand upon the party to cure or remedy the breach or default within sixty days from the date of receipt of the notice; provided that where the breach involves a failure to make timely rental payments pursuant to the lease or patent issued under this chapter, the written notice shall include a demand to pay the rent with less than sixty days, but not less than five business days, after receipt of the notice. Upon failure of the party to cure or remedy the breach or default within the time period provided or within such additional period as the board may allow for good cause, the board -subject to section 4-158-34, may exercise such rights as it may have at law or as set forth in the lease or encumbrance.

History

[Eff DEC 06 2007] (Auth: HRS § 166E-6; § 166E-8) (Imp: HRS § 166E-6; § 166E-8)

Haw. Code R. § 4-158-34 Rights of holder of security interest

(a) Whenever any notice of breach or default is given to any party under section 4-158-33 or under the terms of any lease, license, agreement, or other instrument issued or to be issued under this chapter, a copy of the notice shall be delivered by the department to all holders of record of any security interest in the land or interest covered by the lease, license, agreement, or other instrument whose security interest has been recorded with the department. Should the board seek to forfeit the privilege, interest, or estate created by the lease, license, agreement, or other instrument, each holder may, at its option, cure or remedy the breach or default, if the same can be cured or remedied, by the payment of money or, if such is not the case, by performing or undertaking in writing to perform all the terms, covenants, restrictions, or conditions of any lease, license, agreement, or other instrument capable of performance by the holder, as determined by the board, within the time period provided in section 4-158-33 or within such additional period as the board may allow for good cause and add the cost thereof to the mortgage debt and the lien of the mortgage. Upon failure of the holder to exercise its option, the board may:

(1) Pay to the holder from any moneys at its disposal, including the special fund, which is made available for that purpose, the amount of the mortgage debt, together with interest and penalties, and secure an assignment of the debt and mortgage from the holder, or if ownership of the interest or estate shall then have vested in the holder by way of foreclosure or action in lieu thereof the board shall be entitled to a conveyance of the interest or estate upon payment to the holder of the amount of the mortgage debt, including interest and penalties, and all reasonable expenses incurred by the holder in connection with the foreclosure and preservation of its security interest, less appropriate credits, including income received from the privilege, interest, or estate subsequent to the foreclosure; or

(2) If the property cannot be reasonably reassigned without loss to the department then terminate the outstanding privilege, interest, or estate without prejudice to any other right or remedy for arrears of rent or for any preceding or other breach or default, and use its best efforts to redispose of the affected land to a qualified and responsible applicant free and clear of the mortgage and the debt thereby secured; provided that a reasonable delay by the board in instituting or prosecuting any right or remedy it may have under this section shall not operate as a waiver of the right or to deprive it of the remedy when it may still resolve the violation created by the breach or default involved.

(b) The proceeds of any redisposition under subsection (a)(2) shall be applied: first, to reimburse the department for costs and expenses in connection with the redisposition; second, to discharge in full any unpaid purchase price or other indebtedness owing the department in connection with the privilege, interest, or estate terminated; third, to the mortgagee to the extent of the value received by the department upon redisposition which exceeds the fair market lease value of the land as previously determined by the department's appraiser; and fourth, to the owner of the privilege, interest, or estate. Nothing contained in this section shall be construed in a manner as to infringe upon or prejudice in any way the rights of a holder of record having a security interest which shall have vested prior to the effective date of a foreclosure sale, judicial or nonjudicial, or by way of assignment in lieu of foreclosure, or when the institutional lender sells or causes the sale of the lessee's interest in a lease by way of a foreclosure sale, judicial or nonjudicial. The institutional lender shall convey a copy of the sale or assignment as recorded in the bureau of conveyances.

History

[Eff DEC 06 2007] (Auth: HRS § 166E-6; § 166E-13) (Imp: HRS § 166E-6; § 166E-13)

Haw. Code R. § 4-158-35 Re-purchase right, first offer to board; limitation on Re-purchase price

(a) A lease or any interest therein, including stock of a corporation holding the lease or an interest in a partnership or association holding the lease, shall not be transferred or assigned unless the lease and improvements, or any interest therein, are first surrendered to the board, as follows:

(1) The board may have the option to re-purchase the lease for the price paid by the current lessee, including closing costs, or the fair market value, less appreciated value, at the time of re-purchase, as determined in paragraph (3), whichever is the lower but not less than zero. For the purposes of this subsection, "price paid by the current lessee" means the consideration paid for the lease exclusive of improvements and "appreciated value" means the replacement cost for developing the leased premises. If the board does not exercise its option, the provisions of section 4-158-19(a) (4) shall apply;

(2) Any improvements affixed to the realty, including trade fixtures and growing crops, shall be re-purchased at their fair market value;

(3) At the time of the re-purchase, the fair market value of the lease less appreciated value and the fair market value of any improvements shall be determined by a qualified appraiser whose services shall be contracted for by the administrator; provided that should the lessee disagree with the values, the lessee may appoint the lessee's own appraiser who together with the department's appraiser shall appoint a third appraiser, and the fair market value shall be determined by arbitration as provided in chapter 658A, HRS. In this event, the lessee shall pay for the lessee's own appraiser, the department shall pay for its appraiser, and the cost of the third appraiser shall be borne equally by the lessee and the department;

(4) The board may re-purchase the lease and. improvements with funds from the special fund or may accept a surrender of lease subject to the offer by a qualified applicant to purchase the lease and improvements, including any encumbrances, for not less than the amount to be paid therefor by the board;

(5) Notwithstanding the conditions herein, the consideration for the applicant's purchase of the lease as provided in paragraph (4) shall not be less than the total of all encumbrances that have been approved by the board at the time of the re-purchase.

(b) This section shall not apply to a holder of record having a security interest upon foreclosure pursuant to section 4-158-34.

History

[Eff DEC 06 2007] (Auth: HRS § 166E-6; § 166E-8) (Imp: HRS § 166E-6; § 166E-8)

Haw. Code R. § 4-158-36 Condemnation of leases

The lease shall provide that whenever a portion of the public land under lease is condemned for public purposes by the State, county, or any other governmental agency, the lease rental shall be reduced in proportion to the value of the portion of the premises condemned, and the lessee shall be entitled to receive from the condemning authority:

(1) The value of growing crops, if any, which the lessee is not permitted to harvest; and

(2) The proportionate value of the lessee's permanent improvements so taken in the proportion that it bears to the unexpired term of the lease; provided that the lessee may remove and relocate the lessee's improvements to the remainder of the lands occupied by the lessee.

The foregoing rights of the lessee shall not be exclusive of any other to which the lessee may be entitled by law. Where the portion so taken renders the remainder unsuitable for the uses for which the land was leased, the lessee shall have the option to surrender the lease and be discharged for any further liability therefor; provided that the lessee may remove the lessee's permanent improvements within such reasonable period allowed by the department.

History

[Eff DEC 06 2007] (Auth: HRS § 166E-6; § 166E-8) (Imp: HRS §§ 166E-6, 171-38; § 166E-8)

Haw. Code R. § 4-158-37 Taxes

Any provision to the contrary notwithstanding, leases and licenses issued by the board and permits issued to permittees, who are holdover lessees or licensees, shall be subject to real property taxes which shall be assessed on a pro rata basis against the lessee, licensee, or the permittee and the lessee's, licensee's, or permittee's successor in interest.

Upon notice from the appropriate tax agency, the administrator shall notify the lessee, licensee, or permittee and each holder of record having a security interest as provided in section 4-158-34 of any default in the payment of the taxes and upon failure to remedy the default within sixty days after receipt of notice of default, the board may cancel and terminate the lease, license, or permit without prejudice to any other remedies the department may have against the lessee, licensee, or permittee.

History

[Eff DEC 06 2007] (Auth: HRS § 166E-6; § 166E-8) (Imp: HRS § 166E-6, § 166E-8)

Haw. Code R. § 4-158-38 Lease forfeiture

(a) Upon the violation of any condition or term of any lease to be observed or performed by the lessee, the board shall, after the notice of default as provided in section 4-158-33, and subject to the rights of each holder of record having a security interest as provided in section 4-158-34, terminate the lease or tenancy and take possession of the leased land, without demand or previous entry and without legal process, together with all improvements placed thereon and shall retain all rent paid in advance as damages for the violations.

(b) The board shall have the right to withdraw the demised premises, or any portion thereof, at any time during the term of this lease with reasonable notice and without compensation, except as provided herein, for public uses or purposes, for constructing new roads or extensions, or changes in line or grade of existing roads, for rights-of-way and easements of all kinds, and shall be subject to the right of the board to remove soil, rock, or gravel as may be necessary for the construction of roads and rights-of-way within or without the demised premises; provided that upon the withdrawal or taking which causes any portion of the land originally demised to become unusable for the specific use or uses for which it was demised, the base annual rental shall be reduced in proportion to the value of the land withdrawn or made unusable. If any permanent improvement constructed upon the demised premises by the lessee is destroyed or made unusable in the process of the withdrawal or taking, the proportionate value thereof shall be paid based upon the unexpired term of this lease; provided that no withdrawal or taking shall be had as to those portions of the land which are then under cultivation with crops until the crops are harvested, unless the board pays to the lessee the value of the crops; and provided further that upon withdrawal the lessee shall be compensated for the present value of all permanent improvements in place at the time of withdrawal that were legally constructed upon the demised premises by the lessee of the leased land being withdrawn. For tree or orchard crops taken, payment shall be based on the residual value of trees taken and, if there are unharvested crops, the value of such unharvested crops.

History

[Eff DEC 06 2007] (Auth: HRS §§ 166E-6, 171-39) (Imp: HRS § 166E-6)

Subchapter 6 OTHER PROVISIONS

Haw. Code R. § 4-158-39 Report on all dispositions

The department shall submit, as part of its annual report required by section 141-1(7), HRS, a report on all dispositions made in the preceding year, the persons to whom made, the size of each disposition, the use, the tax map key number, the base rental and any additional rental, and method of disposition.

History

[Eff DEC 06 2007] (Auth: HRS § 166E-6) (Imp: HRS § 166E-6)

Haw. Code R. § 4-158-40 Severability

History

[Eff DEC 06 2007] (Auth: HRS § 91-2) (Imp: HRS § 91-2)

Subtitle 7 QUALITY ASSURANCE DIVISION

Chapter 161 HAWAII-GROWN INDUSTRIAL HEMP

Haw. Code R. § 4-161-1 Definitions

As used in this chapter: "Program" means the industrial hemp pilot program.

"Applicant" means a person that is an individual residing in Hawaii or an institution of higher education, a sole proprietorship, partnership, association, corporation, limited liability corporation, limited liability partnership, or any other business entity having any:

(1) Place of business permanently located within the State;

(2) Employees permanently assigned to work stations or areas located within the State; or

(3) Tangible assets permanently located within the State.

"Board" means the board of agriculture or the board's designee.

"Chairperson means the chairperson of the board of agriculture or the chairperson's designee.

"Department" means the department of agriculture.

"Industrial hemp" means the plant Cannabis sativa L. and any part of that plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 per cent on a dry matter basis or a tetrahydrocannabinol concentration allowed by federal law, whichever is greater, that is cultivated.

"Law enforcement" means the federal, state, and local agencies responsible for maintaining public order and enforcing the law.

"Licensed land area" means a contiguous land area registered with the department on which a licensee plans to cultivate industrial hemp. A licensed land area may include land and buildings that are not used for cultivation.

"Licensure" means authorization by the department for any individual or legal entity to grow industrial hemp on a licensed land area.

"Movement" means the shifting of industrial hemp from a licensed land area to another location, or into a licensed land area from another location.

"Seed cultivar" means a variety of industrial hemp.

"Variety" means a group of individual plants that exhibit the same observable physical characteristics of have the same genetic composition.

History

[Eff 9/22/2017] (Auth: HRS § 141-40) (Imp: HRS § 141-31)

Haw. Code R. § 4-161-2 Licensing

(a) Each applicant for an industrial hemp license shall submit a signed, complete, accurate, and legible application, on a form provided by the department, as specified by statute, in which the applicant plans to grow industrial hemp, which shall include the following:

(1) The applicant's name, mailing address, and phone number in Hawaii and, if applicable electronic mail address;

(2) If the applicant is an individual or partnership, the date of birth of the individual or partners;

(3) If the applicant is any business entity other than an individual, partnership, or institution of higher education documentation that the entity is authorized to do business in Hawaii;

(4) The cultivated variety that will be sown;

(5) The source and amount of seed, cuttings, or seedlings to be used;

(A) If seed importation assistance from the department is requested, the applicant shall be responsible for all costs associated with the seed purchase and importation.

(B) If cuttings or seedlings are the applicant's initial source and are approved in a pre-planting report, a movement report shall be submitted prior to any movement of the cuttings or seedlings and shall include the location from which the product will be moved, the mode of transportation, the location to which the product will be moved, and the seed cultivar of the product. The department may require inspection or sampling of the product prior to movement.

(6) The number of acres to be cultivated for seed, viable grain, industrial products, or any combination thereof;

(7) The global positioning system coordinates in decimal degrees from the central most point of the licensed land area and a map showing the location of the licensed area in terms of its legal address or legal description;

(8) A statement that the applicant is the fee simple owner of the licensed land area to be used for the cultivation or a statement signed by the fee simple owner of the licensed land area indicating that the owner has consented to that use;

(9) The address of the place in Hawaii where the applicant will keep the records, books, electronic data, or other documents that are required by this chapter;

(10) The name and address of each place where the industrial hemp is to be stored, sold, or provided, indicating for each place the form of the industrial hemp; and

(11) The applicant's acknowledgement and agreement to the following terms and conditions:

(A) Any information obtained by the department may be publicly disclosed and provided to law enforcement without further notice to the applicant or licensee;

(B) The applicant has the legal authority to grant the department access to the proposed licensed land area for inspection and sampling and agrees to allow any inspection and sampling the department deems necessary;

(D) The applicant agrees to submit all required reports by the applicable due dates specified by the department; and

(E) The applicant and any partners, directors, or members have not been convicted of any felony related to the possession, production, sale, or distribution of a controlled substance in any form in this or any other country.

(b) An application may be received, as specified by statute, and shall be signed by the applicant or, in the case of a business entity, one of its officers, directors, or partners, as the case may be, and indicate that all information and documents submitted in support of the application are correct and complete to the best of the applicant's knowledge.

(d) In addition to the application form, each applicant for a license shall submit a non-refundable $500 application fee by certified check or cashier's check delivered or mailed by certified mail, return receipt. If the fee does not accompany the application, the application for a license shall be deemed incomplete.

(e) The annual license fee for production of industrial hemp shall be $250 plus $2 per acre, unprorated. The initial license fee shall be due prior to the issuance of a license, by certified check or cashier's check delivered or mailed by certified mail, return receipt. The subsequent annual license fee shall be due prior to one year after the date of issuance of the license. Failure to pay any license fees may result in denial, suspension, or revocation of a license and other penalties set forth in section 4-161-6.

(f) Each license shall allow a licensee to cultivate up to a maximum of ten acres of industrial hemp on a single contiguous licensed land area. Additional or non-contiguous acreage shall require a separate license.

(g) Licenses shall be issued to successful applicants on a quarterly basis, in March, June, September, and December of the application year. Any changes to information in an application occurring prior to the issuance of a license shall be immediately reported to the department. Failure to report any changes may result in denial, suspension, or revocation of a license and other penalties set forth in section 4-161-6.

Upon successful application, return of a signed license agreement, and remittal of the license fee by certified check or cashier's check, the applicant shall receive a license with a date of issuance according to the quarterly issuance schedule.

(h) All licenses shall be valid for two years from the date of issuance, subject to renewal or revocation by the department as set forth in this chapter.

(i) To renew a license, applicants shall:

(1) Submit an application form at least sixty days prior to the expiration date of the license specifying that it is an application to renew a previous unrevoked license, along with a renewal application fee of $350, by certified check or cashier's check delivered or mailed by certified mail, return receipt.

(2) Upon successful application, return of a new signed license agreement, and remittal of the license fee by certified check or cashier's check, the applicant for renewal shall receive a renewed license valid for two years from the date of issuance, subject to renewal or revocation by the department as set forth in this chapter.

(j) Any licensee who wishes to alter the licensed land area on which the licensee shall conduct industrial hemp cultivation shall, before altering the area, submit to the department an updated address, global positioning system location, and map specifying the proposed alteration. If the department approves the altered land area, the department shall notify the licensee in writing that the licensee may begin to cultivate industrial hemp on the altered land area.

(k) A licensee who wishes to change the cultivar grown shall submit to the department the name of the new, approved cultivar to be grown. If the department approves the change to the cultivar, the department shall notify the licensee in writing that the licensee may begin to cultivate the new, approved cultivar.

(l) Licenses shall not be sold, assigned, transferred, or encumbered.

(m) No land area shall be included in more than one license at the same time.

(n) Each non-contiguous land area on which industrial hemp is grown shall require a separate license.

(o) Incomplete applications shall not be processed, and application fees shall not be refunded.

(p) Any change to information provided in the application shall be submitted within ten days of when the change occurs. Failure to provide accurate information or to update any information in a timely manner may result in denial, suspension, or revocation of a license and other penalties set forth in section 4-161-6.

History

[Eff 9/22/2017] (Auth: HRS § 141-40) (Imp: HRS § 141-33)

Haw. Code R. § 4-161-3 Reports

(a) Pre-planting report. Prior to planting any industrial hemp, a licensee shall file for the department's approval, on a form provided by the department, a pre-planting report that includes a description of the industrial hemp varieties to be planted on the licensed land area, and a map showing where they will be planted.

(b) Planting Report. Within ten days after planting any industrial hemp in a licensed land area, " each licensee shall file, on a form provided by the department, a planting report that includes:

(1) A list or description of all varieties of industrial hemp planted, or of volunteer industrial hemp plants that have emerged from a previous planting and are not destroyed, within a licensed land area; and

(2) The location and actual acreage or square feet of each variety of industrial hemp planted, or of volunteer industrial hemp plants that have emerged and are not destroyed, within a licensed land area;

A planting report shall be filed any time industrial hemp is planted in, moved within, or moved into a licensed land area, except when the industrial hemp is replanted into a larger container within the same indoor location in the licensed land area. Planting reports shall be filed for industrial hemp grown from seed, industrial hemp grown from cuttings, and industrial hemp moved into the licensed land area whether as mature plants or as seedlings.

(c) Harvest Report. At least thirty days prior to harvest, a licensee shall file, on a form provided by the department, a harvest report that includes:

(1) The harvest dates and location of each variety cultivated within a licensed land area.

(A) A licensee shall immediately notify the department of any changes in the reported harvest dates in excess of five days. If any changes to the harvest dates are made, the department may require additional inspection or sampling prior to the harvest.

(2) Documentation that the licensee has entered into a purchase agreement with an industrial hemp processor. If the licensee has not entered into a purchase agreement, the licensee shall include a statement of intended disposition of its industrial hemp crop, and shall confirm in writing its intended disposition within seven days prior to harvest.

(A) Licensees shall immediately notify the department of any changes to the purchase agreement or disposition statement.

(d) Movement Report. At least two business days prior to the movement of industrial hemp grain or plant material from a licensed land area, the licensee shall file a movement report on a form provided by the department. The report shall include the intended date of the move, the location from which the product will be moved, the mode of transportation, and the location to which the product will be moved. The department may require inspection or sampling of the product prior to movement.

History

[Eff OCT 02 2017] (Auth: HRS § 141-40) (Imp: HRS §§ 141-34, 141-36)

Haw. Code R. § 4-161-4 Duties

(a) The licensee shall continually ensure that all information provided to the department is accurate and up to date, and shall notify the department within the time specified in this chapter, or if not specified, at least ten days prior to any changes, or immediately upon discovery of the change if ten days prior is not possible. Failure to provide and maintain accurate and up to date information on file with the department may result in the penalties set forth in section 4-161-6.

(b) The licensee shall conduct all agricultural operations in a lawful manner consistent with the standards befitting of an official of the State, provided that such standards are subject to the sole discretion and direction of the department.

(c) The licensee shall abide by all applicable laws and regulations incident to the growth, cultivation, or marketing of industrial hemp.

(d) The licensee shall indemnify, hold harmless and release forever the State and its departments, agencies, officers, employees, and agents of any kind from all liability claims arising out the licensee's actions involving the growth, cultivation, or marketing of industrial hemp.

(e) The licensee shall warrant that the licensee is not an employee of the State and shall assume total and sole responsibility for any of the licensee's acts or omissions involving the growth or production of industrial hemp or arising out the licensee's participation in the industrial hemp pilot program.

(f) The licensee shall allow any institution of higher education in the State to access the sites registered by the licensee with the department for production of industrial hemp for all purposes, as determined at the discretion of the department related to research, growth, cultivation, and marketing of industrial hemp.

(g) The licensee shall allow federal, state, or local authorities to inspect and sample the industrial hemp licensed land area, plants, plant materials, seeds, equipment, or facilities incident to the growth or production of industrial hemp.

(h) The licensee shall remit to the department when due, all fees and other expenses required under this chapter.

(i) The licensee shall adhere narrowly to the research focus of the area in which the licensee is participating in the industrial hemp pilot program. The areas include one or more of the following:

(1) Planting and growing " tracking vital statistics and yield rates with respect to industrial hemp varieties and growing variables, including seed planting rate, soil composition, water usage, and planting and growing season;

(2) Pest " tracking the occurrence of pests and effectiveness of various preventative measures in correlation with the industrial hemp varieties;

(3) Cost centers and financing " tracking average cost estimates of producing industrial hemp varieties, taking into account costs of participation in the industrial hemp pilot program, product acquisition, water usage, equipment, labor, and security measures and reporting financial resources available for production of industrial hemp; or

(4) Marketing and industrial development " reporting market demand for industrial hemp varieties, raw materials and end products, including identification of actual or potential hemp products, processors, product manufacturers, wholesalers, retailers, and targeted consumers.

(j) The licensee shall gather information and data generated by its industrial hemp research activities, and provide them to the department at the end of each license period in the form of a research report. A failure to submit the research report may result in the penalties set forth in section 4-161-6.

(k) The licensee shall complete and submit all reports and statements requested by the department relative to the licensee's production of industrial hemp. A failure to submit any required or requested report may result in revocation of the licensee's license and other penalties set forth in section 4-161-6.

(l) The licensee shall, at the discretion of and in a manner determined by the department, destroy or dispose of any industrial hemp crop, plant, plant material, or seed determined by the department or law enforcement to be non-compliant with applicable laws and regulations. The licensee shall be responsible for all costs associated with the destruction or disposal of non-compliant crops, plants, plant material, or seeds.

(m) The licensee shall use best management practices for growth and production of industrial hemp, as available, including the any best management practices specified in chapter 141, Part II, Hawaii Revised Statutes, and any county-specific best management practices. The licensee shall further take reasonable precaution to prevent unauthorized growth or distribution of industrial hemp, including but not limited to:

(1) Taking the precautionary measures, as applicable, specified in chapter 141, part II, Hawaii Revised Statutes;

(2) Reporting theft of industrial hemp plants, plant materials, or seeds to law enforcement and providing the department with a copy of the police report; and

(3) Reducing the likelihood of cross pollination between varieties of industrial hemp and among the other plants by, when practicable, using feminized seed and eliminating male plants upon identification to prevent unnecessary pollen.

History

[Eff 9/22/2017] (Auth: HRS § 141-40) (Imp: HRS § 141-36)

Haw. Code R. § 4-161-5 Inspection and sampling

(a) All licensees are subject to inspection and sampling of their industrial hemp crop to verify that the delta-9-tetrahydrocannibinol concentration does not exceed 0.3 per cent on a dry weight basis or a tetrahydrocannabinol concentration allowed by federal law, whichever is greater.

(b) During the inspection, the licensee or the licensee's authorized representative shall be present at the licensed land area and shall provide the department with complete and unrestricted access to all industrial hemp plants, plant materials, and seeds within a licensed land area whether growing or harvesting, all land, buildings, and other structures, and all documents and records pertaining to the licensee's industrial hemp growing business.

(1) Individual and composite samples of each variety of industrial hemp may be sampled from the growing areas.

(2) Quantitative laboratory determination of the delta-9-tetrahydrocannibinol concentration on a dry weight basis shall be performed.

(3) A sample test result greater than 0.3 per cent of delta-9-tetrahydrocannibinol concentration or a tetrahydrocannibinol concentration allowed by federal law, whichever is greater, shall be considered conclusive evidence that at least one cannabis plant or part of a plant in the growing area contains a delta-9-tetrahydrocannibinol concentration over the limit allowed of for industrial hemp and that the licensee of that growing area is therefore not in compliance with this chapter. Upon receipt of such a test result, the department may summarily suspend or revoke the licensee's license. The department shall furnish the licensee a portion of the violative sample if the licensee requests it in writing within thirty days of the date of the department's notification of non-compliance to the licensee.

(d) Test results from tests performed according to methods approved by the department from an institution of higher education may, at the department's discretion, be accepted in lieu of the department sampling.

(e) Licensees shall pay a charge of $35 per hour per inspector for actual drive time, mileage, inspection, and sampling time. Payment shall be remitted within thirty days of the date of the invoice.

(f) Licensees shall reimburse the department for all laboratory analysis costs incurred. Payment shall be remitted within thirty days of the date of the invoice.

(g) All licensees are subject to routine inspection and sampling to verify that the delta-9-tetrahydrocannibinol concentration of the industrial hemp planted within a licensed land area does not exceed 0.3 per cent on a dry weight basis or a tetrahydrocannibinol concentration allowed by federal law, whichever is greater. All licensees are further subject to routine inspection and sampling to verify compliance with the reporting requirements of this chapter. The department may select up to one hundred per cent of licensees to be inspected. The department shall send notification to each licensee of their selection. The notification shall inform the licensee of the scope and process of the inspection and require the licensee to contact the department within ten days of the date of the notification to set a date and time for the inspection to occur. Failure to contact the department as required may result in the penalties set forth in section 4-161-6.

(h) In addition to routine inspection and sampling under subsection (g), the department may inspect and take samples from any licensed land area during normal business hours without advance notice if the department has reason to believe a violation of this chapter may be occurring. The department may also conduct such additional inspection and sampling as necessary to verify compliance with the reporting requirements of this chapter.

History

[Eff 9/22/2017] (Auth: HRS § 141-40) (Imp: HRS §§ 141-36, 141-37)

Haw. Code R. § 4-161-6 Violations

(a) In addition to any violations of any provisions of this chapter, the following acts and omissions by any licensee or authorized representative thereof constitute violations for which civil penalties up to $500 and disciplinary sanctions, including suspension or revocation of a license and cease and desist orders, may be imposed by the department:

(1) Refusal or failure by a licensee or authorized representative to fully cooperate and assist the department with the inspection process;

(2) Failure to provide any information required or requested by the department for purposes pursuant to this chapter;

(3) Providing false, misleading, or incorrect information pertaining to the licensee's cultivation of industrial hemp to the department by any means, including but not limited to information provided in any application form, report, record, or inspection required or maintained pursuant to this chapter;

(4) Growing industrial hemp that when tested is shown to have a delta-9-tetrahydrocannibinol concentration greater than 0.3 per cent on a dry weigh basis or tetrahydrocannabinol concentration allowed by federal law, whichever is greater;

(5) Failure to pay any fees or costs, when due, that are assessed by the department pursuant to this chapter; or

(6) Possessing, outside of a field of lawful cultivation, resin, flowering tops, or leaves that have been removed from the hemp plant, provided that the presence of de minimis amount, or insignificant number, of hemp leaves or flowering tops in hemp bales that result from the normal and appropriate processing of industrial hemp shall not apply to this paragraph.

History

[Eff 9/22/2017] (Auth: HRS § 141-40) (Imp: HRS § 141-38)

Haw. Code R. § 4-161-7 Profits

The department shall forego any income or profit that licensees lawfully obtained through the disposition of the licensees" industrial hemp crop, provided that the licensee reports to the department:

(1) Any movement of the licensee's hemp plants, plant materials, or seeds outside the licensed area;

(2) Any sale of, or benefit received in exchange for, the licensee's industrial hemp plants, plant materials, or seeds; and

(3) Any commercial details of such movement, sale, or exchange for use by the department to research the marketability and logistical production of industrial hemp in the State.

History

[Eff 9/22/2017] (Auth: HRS § 141-40) (Imp: HRS § 141-39)

Haw. Code R. § 4-161-8 Waiver

(a) If a sample of a licensee's industrial hemp tests higher than 0.3 per cent but not more than 1 per cent delta-9-tetrahydrocannabinol concentration the licensee may request a waiver to the revocation or suspension of its license if the crop is destroyed or utilized on the licensed land area in a manner approved and verified by the department.

(b) Licensees shall have ten days from the date of the notification of a test result higher than 0.3 per cent but not more than 1 per cent delta-9-tetrahydrocannibinol concentration to request a waiver.

History

[Eff 9/22/2017] (Auth: HRS § 141-40) (Imp: HRS § 141-36)

Subtitle 9 AQUACULTURE DEVELOPMENT PROGRAM

Chapter 170 AQUACULTURE DEVELOPMENT SPECIAL FUND

Subchapter 1 GENERAL PROVISIONS

Haw. Code R. § 4-170-1 Purpose

The purpose of this chapter is to establish a schedule of fees for aquacultural services. These fees shall apply to all persons requesting services from the aquaculture program of the department of agriculture.

History

[Eff JUL 03 2006] (Auth: HRS § 141-2.6) (Imp: HRS § 141-2.6)

Haw. Code R. § 4-170-2 Definitions

As used in this chapter:

"Chairperson" means the chairperson of the board of agriculture,

"Department" means the department of agriculture.

"Non-routine technical services" means services and consultations in aquaculture planning, resource assessment and management, marketing, and health management provided to entities outside the Hawaii aquaculture industry or out-of-state.

"Program" means the aquaculture program of the department of agriculture.

"Staff" means an employee of the aquaculture program.

History

[Eff JUL 03 2006] (Auth: HRS § 141-2.6) (Imp: HRS § 141-2.6)

Subchapter 2 FEE SCHEDULES AND WAIVERS

Haw. Code R. § 4-170-3 Fees for diagnostic services

(a) The program shall charge the following fees for aquatic animal or plant health diagnostic services:

(1) A fee of $10.00 per isolate for microbiological procedures for identification of bacteria and fungi to determine the health status of aquatic animals or plants and their growing environment;

(2) A fee of $5.00 per dot blot gene probe test to determine the health status of aquatic animals or plants and their growing environment;

(3) A fee of $5.00 per immune histochemistry reaction to determine the health status of aquatic animals or plants and their growing environment;

(4) A fee of $55.00 per polymerase chain reaction vial for virological procedures to determine the health status of aquatic animals or plants and their growing environment;

(5) A fee of $7.00 per slide for histopathology procedures and microscopic examination to determine the health status of aquatic animals or plants and their growing environment;

(6) A fee of $4.00 per slide required in a necropsy examination to determine the health status of an aquatic animal or plant and their growing environment; and

(7) A fee of $4.00 per sample required to determine the water quality of the growing environment of an aquatic animal or plant.

(b) Additional charges may be made for travel and transportation costs, staff time, per diem expenses, and other direct expenses incurred by the program in the provision of aquatic animal or plant health diagnostic services.

History

[Eff JUL 03 2006] (Auth: HRS § 141-2.6) (Imp: HRS § 141-2.6)

Haw. Code R. § 4-170-4 Fee for certificates of health

(a) The program shall charge a fee of $50.00 per certificate of health issued for the aquatic animals or plants and their growing environment and may charge for specified diagnostic services as described in section 4-11-3.

(b) Additional charges may be made for travel and transportation costs, staff time, per diem expenses, and other direct expenses incurred by the program in issuing a certificate of health.

History

[Eff JUL 03 2006] (Auth: HRS § 141-2.6) (Imp: HRS § 141-2.6)

Haw. Code R. § 4-170-5 Fees for non-routine technical services

(a) The program may charge for non-routine technical services at the rate of $30.00 per hour for professional staff time and may charge for specified diagnostic services as described in section 4-11-3.

(b) Additional charges may be made for travel and transportation costs, per diem expenses, and other direct expenses incurred by the program in performing non-routine technical services.

History

[Eff JUL 03 2006] (Auth: HRS § 141-2.6) (Imp: HRS § 141-2.6)

Haw. Code R. § 4-170-6 Waiver of fees

Charges made pursuant to this chapter for aquaculture services may be waived with the approval of the chairperson.

History

[Eff JUL 03 2006] (Auth: HRS § 141-2.6) (Imp: HRS § 141-2.6)

Subchapter 3 AQUACULTURE DEVELOPMENT SPECIAL FUND

Haw. Code R. § 4-170-7 Aquaculture development special fund

All fees collected by the program under this chapter shall be deposited into the aquaculture development special fund pursuant to section 141-2.7, Hawaii Revised Statutes.

History

[Eff JUL 03 2006] (Auth: HRS § 141-2.6) (Imp: HRS § 141-2.6)

Subtitle 7 QUALITY ASSURANCE DIVISION

Chapter 186 PETROLEUM PRODUCTS ACCOUNTING AND INSPECTION

Haw. Code R. § 4-186-1 Severability

If any provision of this chapter is held invalid, the invalidity shall not affect the remainder of this chapter and, to this end, any of the provisions of this chapter are severable.

History

[Eff 2/21/2019] (Auth: HRS §§ 486-7, 486-56) (Imp: HRS § 486-37)

Haw. Code R. § 4-186-2 Violation

Any person omitting the required acts or committing the prescribed acts, or delivering a product not in compliance with specifications, or through a device not in compliance with the requirements of this chapter shall be in violation of this chapter and subject to the provisions of chapter 486, Hawaii Revised Statutes.

History

[Eff 2/21/2019] (Auth: HRS §§ 486-7, 486-56) (Imp: HRS § 486-53)

Haw. Code R. § 4-186-3 Applicability

This chapter applies to brake fluids, coolants, petroleum products, additives, and their specifications, and to persons or activities involving these products.

History

[Eff 2/21/2019] (Auth: HRS 486-7, 486-56) (Imp: HRS 486-51)

Haw. Code R. § 4-186-4 Definitions

As used in this chapter: "Actual density" or "relative density" means the observed density or observed relative density, respectively, determined at a product temperature of sixty degrees Fahrenheit or which has been corrected to sixty degrees Fahrenheit, and is expressed by the relationship: relative density sixty/sixty degrees Fahrenheit equal one hundred and forty-one and five tenths divided by the quantity API gravity at sixty degrees minus one hundred and thirty-one and five tenths (Relative density 60/60°F = 1415);

"Administrator" means the administering officer of the quality assurance division or any qualified person so designated by the chairperson of the board of agriculture;

"After-market additive" means a commodity marketed for addition, by the consumer or a person other than Require the manufacturer, to a liquid petroleum product for purposes of enhancing the characteristics of the liquid petroleum product or its performance, as in an internal combustion engine;

"API" means American Petroleum Institute;

"API gravity" means the relationship expressed by degrees API equal one hundred and forty-one and five tenths divided by relative density as sixty/sixty degrees Fahrenheit, minus one hundred thirty-one and five tenths, and is abbreviated °API. ("API = Relative Density 60/60°F - 131.5);

"ASTM" means American Society for Testing and Materials International;

"Base-gasoline" means the gasoline component of a gasoline-ethanol blend;

"Degrees API" means API gravity, which is a special density scale adopted in 1921 by the national bureau of standards in lieu of the Baume scale;

"Density" means the mass per unit volume;

"Ethanol" means nominally anhydrous ethyl alcohol meeting ASTM D4806. Ethanol is intended to be used as a gasoline blend component for use as a fuel in a spark-ignition internal combustion engine. The denatured fuel ethanol is first made unfit for drinking by the addition of a substance approved by the Alcohol and Tobacco Tax and Trade Bureau (ATTB) prior to blending with gasoline;

"Gasoline" means a volatile mixture of liquid hydrocarbons, generally containing small amounts of additives, suitable for use as a fuel in spark-ignition, internal combustion engines, and which may contain ethanol;

"Gravity" means API gravity;

"Inspector: means an employee of official of the department of agriculture authorized to administer and enforce this chapter;

"LPG" means liquefied petroleum gas in the liquid state;

"Market" or "marketing" means the activities and actions leading to the sale or potential sale of a commodity. It includes all aspects of trade and commerce, labeling, merchandising, mercantiling, and selling the net measure of a commodity;

"Observed density" or "observed relative density" means the value observed on the scale of a hydrometer when the scale indication is read at the point where the principal surface of the liquid would intercept the stem of the immersed hydrometer if there were no meniscus, the principal surface being read as a flat plane rather than an ellipse. It is an incorrect indication of the density of the product unless the liquid temperature is, or is corrected to, sixty degrees Fahrenheit. (See "actual density");

"Petroleum Measurement Tables" means the following tables, ASTM D1250-08(2013)el, Standard Guide for Petroleum Measurement Tables as published by the ASTM October 2015:

API Manual of Petroleum Measurement Standards (MPMS) Chapter 11.1-2004 Temperature and Pressure

Volume Correction Factors for Generalized Crude Oils, Refined Products, and Lubricating Oils (Including Addendum 1-2007); or

ASTM D1250-8.0 (Annex Al of D1250-07)

Volume I:

Table 5A--Generalized Crude Oils, Correction of Observed API Gravity to API Gravity at 60 °F;

Table 5B--Generalized Products, Correction of Observed API Gravity to API Gravity at 60 °F;

Table 6A--Generalized Crude Oils, Correction of Volume to 60°F Against API Gravity at 60 °F;

Volume II:

Table 6B--Generalized Products, Correction of Volume to 60°F Against API Gravity at 60 °F;

Volume III:

Table 23A--Generalized Crude Oils, Correction of Observed Relative Density to Relative Density 60/60°F;

Table 24A--Generalized Crude Oils, Correction of Volume to 60°F Against Relative Density 60/60°F;

Volume V:

Table 23B--Generalized Products, Correction of Observed Relative Density to Relative Density 60/60°F;

Table 24B--Generalized Products, Correction of Volume to 60°F Against Relative Density 60/60°F;

Volume VI:

Table 53A--Generalized Crude Oils, Correction of Observed Density to Density at 15°C; Table 54A--Generalized Crude Oils, Correction of Volume to 15°C Against Density at 15°C;

Volume VIII:

Table 53B--Generalized Products, Correction of Observed Density to Density at 15 °C;

Table 54B--Generalized Products, Correction of Volume to 15°C Against Density at 15°C and the following tables, as listed in the petroleum measurement tables D1250-08, as published by the ASTM in the eleventh edition, August 2007;

Table 2--Temperature conversions;

Table 8--Pounds per U. S. gallon at sixty degrees Fahrenheit and U. S. gallons at sixty degrees Fahrenheit;

"Petroleum product" means automotive gasoline, diesel fuels, fuel oils, liquefied petroleum gas both liquid and vapor, residuals, distillates and fractions, kerosene, aviation fuels, turbine fuels, solvent, hydrocarbons or synthetics, crude oil, lubricating oil, or any other oil or distillate or blends of the above, or any other product that may normally be considered a petroleum product, and synthetic natural gas or natural gas and manufactured gas or blends thereof;

"Relative Density 60/60°F" means the ratio of the weight of a given volume of oil at sixty degrees Fahrenheit to the weight of the same volume of water at sixty degrees Fahrenheit, both weights being corrected for the buoyancy of air;

"SAE" means the Society of Automotive Engineers International, or SAE International;

"Sealed" or "in seal" means a measurement standard, licensed for current use, which has been approved as to type by the administrator, and tested by the administrator, inspector, or a registered service person for correctness and found to be in compliance and to which has been affixed a seal attesting to such correctness and compliance. A device, which has been relocated or exchanged subsequent to sealing and which by design is not considered portable shall, when any such action is undertaken, lose its seal;

"Sixty/sixty °F" is a dimensionless number, expressing the ratio of the weight of a specific volume of petroleum product, the temperature of which is sixty degrees Fahrenheit, to the exact same volume of water, the temperature of which is sixty degrees Fahrenheit. It is abbreviated 60/60°F; and

"Viscosity" is a measure of the resistance of a fluid to flow.

History

[Eff 2/21/2019] (Auth: HRS §§ 486-7, 486-56) (Imp: HRS §§ 486-1, 486-2, 486-50)

Haw. Code R. § 4-186-5 Incorporation of federal general code

National Institute of Standards and Technology Handbook 44 and Handbook 130, 2018 Edition are incorporated in and made a part of this chapter.

History

[Eff 2/21/2019] (Auth: HRS 486-7) (Imp: HRS 486-7)

Haw. Code R. § 4-186-6 Specialty additive claims; substantiation

The making of a general or specific claim on the label of a specialty or after-market additive, marketed in the State, shall be substantiated and documented by the manufacturer or distributor, upon written request of the administrator.

(1) Failure to support the labeled claim by certified documentation from a recognized testing laboratory may result in the product being ordered "off-sale" until the documentation is received.

(2) In the absence of any documentation supporting the labeled claims, tests may be conducted by the manufacturer or distributor in accordance with established procedures of the environmental protection agency to verify the label claims. The results of the tests shall be submitted to the administrator within one hundred and eighty-one days of receipt of the administrator's request.

History

[Eff 2/21/2019] (Auth: HRS §§ 486-56) (Imp: HRS §§ 486-56)

Haw. Code R. § 4-186-7 Compliance with advertising or labeled claims required

Any product subject to this chapter shall satisfactorily perform as advertised or claimed on its label If it is the intent of the manufacturer or distributor to limit or otherwise qualify the product's use, its labeling and advertising shall reflect this fact.

History

[Eff 2/21/2019] (Auth: HRS §§ 486-7, 486-56) (Imp: HRS §§ 486-7, 486-56)

Haw. Code R. § 4-186-8 Disposal of noncomplying products

The administrator may dispose of any product subject to this chapter which fails to meet the requirements herein and which, after notification in writing, the manufacturer or distributor has failed to effect remedial action."

History

[Eff 2/21/2019] (Auth: HRS §§ 486-7, 486-56) (Imp: HRS §§ 486-7, 486-56)

Haw. Code R. § 4-186-9 Misrepresentation prohibited

Misrepresentation in any manner is prohibited.

History

[Eff 2/21/2019] (Auth: HRS 486-7, 486-56) (Imp: HRS 486-7, 486-56)

Haw. Code R. § 4-186-10 Specifications for petroleum products

The following specifications shall apply to petroleum products intended for consumer use:

(1) Automotive gasoline shall conform to ASTM D4814-07B, class C volatility only, adopted on December 7, 2007;

(2) Aviation gasoline shall conform to ASTM D910-17, as published in annual book of ASTM standards, section 5, 2017 edition;

(3) Diesel fuel oils shall conform to ASTM D396-17, as published in 2017 annual book of ASTM standards, section 5, 2017 edition;

(4) Fuel oils shall conform to ASTM D396-17, as published in 2017 annual book of ASTM standards, section 5, 2017 edition;

(5) Hydrocarbon dry-cleaning solvent shall conform to ASTM D23 5-02, as published in2012 annual book of ASTM standards, part 23, 2012 edition;

(6) Kerosene shall conform to ASTM D3699-13, as published in 2013 annual book of ASTM standards section 5, 2013 edition;

(7) Jet aviation turbine fuel shall conform to ASTM D6615-15a, as published in 2015 annual book of ASTM standards, section 5, 2015 edition;

(8) Liquefied petroleum gas shall conform to ASTM D1835-16 as published in 2016 annual book of ASTM standards, section 5, 2016 edition;

(9) Denatured fuel ethanol for blending with gasoline for use in automotive spark-ignition engines shall conform to ASTM D4806-07, as published in 2008 annual book of ASTM standards, section 5 2008 edition;

(10) Gasoline blended with denatured fuel ethanol shall be blended under any of the following three options:

(A) The base gasoline used in such blends shall meet the requirements of ASTM D4814-13b;

(B) The blend shall meet the requirements of ASTM D4814-13b; or

(C) The base gasoline used in such blends shall meet all the requirements of ASTM D4814-013b except distillation, and the blend shall meet the distillation requirements of the ASTM 4814-013b specification; and

(11) Blends of gasoline and ethanol shall not exceed the ASTM D4814-13b vapor pressure standards.

History

[Eff 2/21/2019] (Auth: HRS §§ 486-7, 486-56) (Imp: HRS §§ 486-1, 486-2, 486-56)

Haw. Code R. § 4-186-11 Brake fluid

The following appropriate specification shall apply to brake fluid, its containerization, labeling, handling, and dispensing:

(1) Motor vehicle brake fluid shall conform to SAE J1703, as published in SAE handbook, 2016 edition;

(2) Motor vehicle brake fluid container compatibility shall conform to SAE J75, as published in SAE handbook, 2006 edition; and

(3) Production, handling, and dispensing of motor vehicle brake fluid shall conform to SAE J1703, as published in SAE handbook, 2017 edition.

History

[Eff 2/21/2019] (Auth: HRS §§4 86-7-486-56) (Imp: HRS §§ 486-1, 486-2, 486-56)

Haw. Code R. § 4-186-12 Automotive antifreeze coolants and coolants

The following specifications shall apply to automotive antifreeze coolants and automotive coolants:

Automotive antifreeze coolants and automotive coolants shall be of the ethylene-glycol type and shall conform to SAE J1034, as published in SAE handbook, part 1, 2000 edition.

(1) The minimum concentration of ethylene-glycol permitted in an automotive coolant offered for retail sale in the State shall be at least ninety percent by volume; and

(2) The label of the container of an automotive antifreeze coolant and automotive coolant shall disclose the minimum ethylene-glycol content, as a volume percent of the coolant.

History

[Eff 2/21/2019] (Auth: HRS §§ 486-7, 486-56) (Imp: HRS §§ 486-1, 486-2, 486-56)

Haw. Code R. § 4-186-13 Lubricants

The following specifications shall apply to lubricants:

(1) Engine oil performance and engine service classification shall conform to SAE J183, as published in SAE handbook, part 1, 2017 edition;

(2) Engine oil viscosity classification shall conform to SAE J300, as published in SAE J300, as published in SAE handbook, part 1, 2015 edition;

(3) Engine oil tests shall conform to SAE J304, as published in SAE handbook, part 1, 2 016 edition;

(4) Physical and chemical properties of engine oils shall conform to SAE J357, as published in SAE handbook, part 1, 2016 edition;

(5) Automotive lubricating greases shall conform to SAE J310, as published in SAE handbook, part 1, 2005 edition;

(6) Automatic transmission fluid shall conform to SAE J311, as published in SAE handbook, part 1, 2000 edition; and

(7) Axle and manual transmission lubricants shall conform to SAE J308, as published in SAE handbook, part 1, 2007 edition.

History

[Eff 2/21/2019] (Auth: HRS §§ 486-7, 486-56) (Imp: HRS §§ 486-1, 486-2, 486-56)

Haw. Code R. § 4-186-14 Hawaii standard petroleum measurement tables

(a) The density and volume of petroleum products shall be determined, verified, and delivered in accord with the appropriate Hawaii standard petroleum measurement table.

(b) It shall be the responsibility of a petroleum product supplier, as relates to the temperature and density of petroleum products marketed intrastate, to constantly monitor and display these characteristics and conditions, for inclusion by the measuremaster, on all certificates of measure posted, at all rack meter loading facilities.

History

[Eff 2/21/2019] (Auth: HRS §§ 486-7, 486-56) (Imp: HRS §§ 486-1, 486-2, 486-56)

Haw. Code R. § 4-186-15 Stay or delay of requirements

The chairperson may, for reasons of supply, stay, postpone, delay the effective date, or set aside any requirement of this chapter, under emergency controlled conditions, for a period not to exceed one hundred and eighty days.

History

[Eff 2/21/2019] (Auth: HRS §§ 487-7) (Imp: HRS § 487-7)

Subtitle 6 DEPARTMENT OF AGRICULTURE

Haw. Code R. tit. 4, subtit. 6, ch. 71A-N LIST OF NONRESTRICTED MICROORGANISMS

SCIENTIFIC NAME

FUNGI

Absidia coerulea

Absidia corymbifera

Absidia ramosa

Absidia spinosa

Acremonium falciforme

Acremonium kiliense

Acremonium recifei

Acremonium vitis

Agaricus bitorquis

Agaricus bisporus

Agaricus campestris

Agaricus sp. (Portabello mushroom)

Alternaria alternata

Alternaria geophilia

Apiotrichum humicola

Arthrobotrys - all species in genus

Aspergillus candidus

Aspergillus clavatus

Aspergillus cremeus

Aspergillus flavipipes

Aspergillus flavus

Aspergillus fumigatus

Aspergillus glaucus

Aspergillus nidulans

Aspergillus niger

Aspergillus ochraceus

Aspergillus restrictus

Aspergillus terreus

Aspergillus ustus

Aspergillus versicolor

Aspergillus wentii

Asteromyces cruciatus

Aureobasidium pullulans

Auricularia polytricha

Bipolaris hawaiiensis

Blastomyces dermatitidis

Blastoschizomyces capitatus

Boletus californicus

Boletus granulatus

Boletus luteus

Boletus variegatus

Byssochlamys fulva

Candida albicans

Candida famata

Candida geochares

Candida glabrata

Candida humicola

Candida kefyr

Candida krusei

Candida lipolytica

Candida lusitaniae

Candida parapsilosis

Candida pseudotropicalis

Candida quilliermondii

Candida rugosa

Candida stellatoidea

Candida tropicalis

Candida zeylanoides

Candelabrella - all species in genus

Chaetomium globosum

Chrysosporium keratinophilum

Chrysosporium liquorum

Chrysosporium pruinosum

Cladosporium bantianum

Cladosporium carrionii

Cladosporium trichoides

Collybia velutipes

Cryptococcus albidus

Cryptococcus gastricus

Cryptococcus huminocola

Cryptococcus laurentii

Cryptococcus luteolus

Cryptococcus neoformans

Cryptococcus terreus

Cryptococcus uniguttulatus

Cunninghamella bertholletiae

Cunninghamella blakesleena

Cunninghamella elegans

Curvularia geniculata

Curvularia lunata

Dactylaria - all species in genus

Dactylella - all species in genus

Dendryphiella saliva

Dipodascus uninucleatus

Drechslera hawaiiensis

Drechslera rostrata

Drechslera spicifera

Entrophospora Columbians

Epicoccum nigrum

Epidermophyton floccosum

Eremothecium ashbyii

Exophiala dermatitidis

Exophiala jeanselmei

Exophiala spinifera

Exophiala werneckii

Exserohilum mcginnisii

Exserohilum rostratum

Filobasidiella neoformans

Fonsecaea compacta

Fonsecaea pedrosoi

Geotrichum candidum

Geotrichum penicillatum

Gigaspora margarita

Gliocladium roseum

Glomus brasilianum

Glomus clarum

Glomus deserticola

Glomus etunicatum

Glomus fasciculatum

Glomus intraradices

Glomus monosporus

Glomus mosseae

Gymnoascus reesi

Hansenula anomala

Hansenula pollymorpha

Hansenula wingei

Humicola alopallonella

Issatchenkia orientalis

Lentinus edodes

Malassezia furfur

Malassezia pachydermatis

Malbranchea cinnamomea

Malbranchea pulchella

Malbranchea sulfurea

Marasmius oreades

Microsporum - all species in genus

Monosporium apiospermum

Mortierella alpina

Mucor hiemalis

Mucor pusillus

Mucor ramannianus

Mucor ramosissimus

Neurospora crassa

Neurospora tetrasperma

Nigrospora oryzae

Paecilomyces - all species in genus

Penicillium - all species in genus

Phaeoannellomyces werneckii

Phialophora bubakii

Phialophora parasitica

Phialophora repens

Phialophora richardsiae

Phialophora verrucosa

Phoma glomerata

Phoma hibernica

Phoma oculo-hominis

Phycomyces blakesleeanus

Pichia canadensis

Pichia pastoris

Pisolithus tinctorius

Pleurotus cystidiosus

Pleurotus djamor

Pleurotus ostreatus

Pleurotus sajor-caju

Pseudallescheria boydii

Rhizopus stolonifer

Rhodosporidium - all species in genus

Rhodotorula - all species in genus

Riessia semiophora

Saccharomyces - all species in genus

Saccharomycodes ludwigii

Scedosporium - all species in genus

Scopulariopsis brevicaulis

Scopulariopsis brumptii

Sepedonium - all species in genus

Sordaria fimicola

Sporobolomyces salmonicolor

Sporotrichum pruinosum

Sporothix schenckii

Stemphylium sarcinaeforme

Syncephalastrum - all species in genus

Stropharia rugosoannulata

Torulopsis - all species in genus

Trichoderma harzianum

Trichoderma virens

Trichoderma viridae

Trichophyton - all species in genus

Trichosporon - all species in genus

Trichothecium roseum

Ulocladium atrum

Varicosporina ramulosa

Verticillum graphii

Volvariella volvacea

Wangiella dermatitidis

Yarrowia lipolytica

Zygosaccharomyces bailii

Zygosaccharomyces bisporus

Zygosaccharomyces rouxii

SLIME MOLD

Dictyostelium discoideum

Physarum polycephalum

BACTERIA

Acetobacter aceti

Acetobacter oxydans

Acetobacter suboxydans

Achromobacter fischeri

Acidaminococcus fermentans

Acidovorax delafieldii

Acidovorax facilis

Acinetobacter baumanni

Acinetobacter calcoaceticus

Acinetobacter haemolyticus

Acinetobacter lwofii

Actinobacillus pleuropneumoniae

Actinobacillus suis

Actinomadura madurae

Actinomadura pelletieri

Actinomyces odontolyticus

Actinomyces pyrogenes

Aerobacter aerogenes

Aerobacter alroynis

Aerococcus viridans

Aeromonas caviae

Aeromonas hydrophila

Aeromonas sobria

Aeromonas veronii

Alcaligenes acidocaldarius

Alcaligenes acidoterrestris

Alcaligenes cupidus

Alcaligenes cycloheptanicus

Alcaligenes dispar

Alcaligenes eutrophus

Alcaligenes faecalis

Alcaligenes viscolactis

Alcaligenes viscosus

Alteromonas putrefaciens

Arcanobacterium haemolyticum

Arizona hinshawii

Arthrobacter agalis

Arthrobacter citreus

Arthrobacter crystallopoietes

Arthrobacter globiformis

Arthrobacter marinus

Arthrobacter paraffineus

Azotobacter - all species in genus

Bacillus - all species in genus except:

B. anthracis

Bacteroides asaccharolytica

Bacteroides gingivalis

Bacteroides intermedia

Bacteroides loeschii

Bacteroides distasonis

Bacteroides fragilis

Bacteroides incomminus

Bacteroides levii

Bacteroides melaninogenica

Bacteroides ovatus

Bacteroides succinogenes

Bacteroides thetaiotaomicron

Bacteroides uniformis

Bacteroides ureolyticus

Bacteroides vulgatus

Beggiatoa alba

Beneckea hyperoptica

Bordetella bronchiseptica

Bordetella parapertussis

Bordetella pertussis

Borrelia burgdorferi

Branhamella (= Moraxella) catarrhalis

Bradyrhizobium - all species in genus

Brevibacterium lipolyticum

Burkholderia cepacia

Butyribacterium rettgeri

Camplyobacter - all species in genus

Caryophanon latum

Cellulomonas biazotea

Cellulomonas pusilla

Chlamydia - all species in genus except:

C. psittaci avian strains

Chromatium warmingii

Chromobacterium violaceum

Citrobacter (all species in genus)

Clostridium bifermentans

Clostridium butyricum

Clostridium chauvoei

Clostridium difficile

Clostridium equi

Clostridium felsineum

Clostridium flavum

Clostridium haumanii

Clostridium histolyticum

Clostridium innocuum

Clostridium novyi

Clostridium pasteurianum

Clostridium perfringens

Clostridium ramosum

Clostridium rubrum

Clostridium sordellii

Clostridium sporogenes

Clostridium tertium

Clostridium tetani

Clostridium thermosaccharolyticum

Coccobacillus macrouai

Comamonas testosteroni

Corynebacterium amycolatum

Corynebacterium diptheriae

Corynebacterium haemolyticum

Corynebacterium hoffmanni

Corynebacterium jeikeium

Corynebacterium pseudodiphtericum

Corynebacterium xerosis

Cunninghamella - all species in genus

Cytophaga fermentans

Cytophaga johnsonae

Desulfovibrio desulfuricans

Edwardsiella tarda

Eikenella corrodens

Enterobacter - all species in genus

Enterococcus avium

Enterococcus durans

Enterococcus faecalis

Enterococcus faecium

Enterococcus hirae

Erwinia dissolvens

Erysipelothrix - all species in genus

Escherichia coli

Eubacterium lentum

Flavobacterium multivorum

Flavobacterium meningosepticum

Flavobacterium odoratum

Fusobacterium mortiferum

Fusobacterium necrophorum

Fusobacterium nucleatum

Gardnerella vaginalis

Haemophilus ducreyi

Haemophilus influenzae

Haemophilus parahaemolyticus

Haemophilus parainfluenzae

Haemophilus paraphrophilus

Haemophilus parasuis

Haemophilus sommus Hafnia - all species in genus

Helicobacter - all species in genus

Hydrogenomonas facilis

Hydrogenomonas ruhlandii

Hydrogenophaga flava

Hydrogenophaga palleronii

Hydrogenophaga pseudoflava

Hyphomicrobium neptunium

Jonesia - all species in genus

Kingella kingae

Klebsiella - all species in genus

Kurthia zopfii

Lactobacillus - all species in genus

Lactococcus cremoris

Lactococcus lactis

Leclercia adecarboxylata

Legionella - all species in genus

Leptospira - all species in genus

Leptotrichia buccalis

Leuconostoc citrovorum

Leuconostoc cremoris

Leuconostoc mesenteroides

Listeria - all species in genus

Methanobacterium omelianskii

Methanomonas methylovora

Micrococcus - all species in genus

Micromonospora chalcea

Micromonospora echinospora

Micromonospora fusca

Micromonospora parva

Micromonospora purpurea

Micromonospora vulgaris

Moraxella catarrhalis

Moraxella ureolytica

Moraxella urethralis

Moraxella osloensi

Morganella morganii

Mycobacterium - all species in genus except:

M. avium

M. bovis

M. tuberculosis

Mycoplasma laidlawii

Myroides odoratus

Myxococcus xanthus

Neisseria cinerea

Neisseria flavascens

Neisseria gonorrhoeae

Neisseria lactamica

Neisseria meningitidis

Neisseria mucosa

Neisseria perflava

Neisseria sicca

Neisseria subflava

Nocardia asteroides

Nocardia brasiliensis

Nocardia coeliaca

Nocardia corallina

Nocardia erythropolis

Nocardia otitidiscaviarum

Nocardia peraffinae

Nocardia rubra

Nocardiopsis dassonvillei

Nitrobacter - all species in genus

Nitrococcus - all species in genus

Nitrosococcus - all species in genus

Nitrosomonas - all species in genus

Oerskovia xanthineolytica

Oligella ureolytica

Oligella urethralis

Pasteurella aerogenes

Pasteurella haemolytica

Pasteurella multocida

Pediococcus acidilatici

Peptococcus glycinophilus

Peptococcus saccharolyticus

Peptostreptococcus anaerobium

Peptostreptococcus elsdenii

Peptostreptococcus magnus

Peptostreptococcus micros

Photobacterium - all species in genus

Plesiomonas shigellodies

Porphyromonas asaccharolytica

Porphyromonas gingivalis

Porpohyromonas levii

Prevotella intermedia

Prevotella loeschii

Prevotella melaninogenica

Propionibacterium acidipropionici

Propionibacterium acnes

Propionibacterium freudenreichii

Propionibacterium jensenii

Propionibacterium pentosaceum

Propionibacterium shermanii

Propionibacterium technicum

Propionibacterium thoenii

Proteus mirabilis

Proteus penneri

Proteus rettgeri

Proteus vulgaris

Providencia alcalifaciens

Providencia rettgeri

Providencia stuartii

Pseudomonas aeruginosa

Pseudomonas alcaligenes

Pseudomonas cepacia

Pseudomonas citronellolis

Pseudomonas delafieldii

Pseudomonas denitrifleans

Pseudomonas facilis

Pseudomonas flava

Pseudomonas fluorescens

Pseudomonas lucifera

Pseudomonas nactus

Pseudomonas nigrifaciens

Pseudomonas oleovorans

Pseudomonas palleronii

Pseudomonas pickettii

Pseudomonas pseudoalcaligenes

Pseudomonas pseudoflava

Pseudomonas putida

Pseudomonas saccharophila

Pseudomonas stutzeri

Pseudomonas testosteroni

Ralstonia pickettii

Rhizobium - all species in genus

Rhodobacter sphaeroides

Rhodococcus - all species in genus

Rhodopseudomonas palustris

Rhodopseudomonas sphaeroides

Rhodospirillum rubrum

Rothia dentocariosa

Ruminococcus albus

Ruminococcus bromii

Ruminococcus flavefaciens

Ruminococcus rumen

Salmonella - all species in genus except:

S. typhi

Saprospira grandis

Sarcina aurantiaca

Sarcina flava

Sarcina lutea

Sarcina sublfava

Sarcina ureae

Sarcina ventriculi

Selenomonas -all species in genus

Serratia - all species in genus

Shewanella putrefaciens Shigella - all species in genus

Sorangium cellulosum

Sphaerotilus natans

Sphingobacterium multivorum

Sphingobacterium serpens

Spirillum volutans

Spirochaeta cytophaga

Sporocythophaga myxococcoides

Staphylococcus -all species in genus

Stenotrophomonas maltophilia

Streptococcus - all species in genus

Streptomyces - all species in

Succinimonas - all species in genus

Succinivibrio - all species in genus

Thiobacillus dinitrificans

Thiobacillus thioparus

Treponema zuelzerae

Ureaplama urealyticum

Veillonella alcalescens

Veillonella parvula

Vibrio adaptatus

Vibrio alginolyticus

Vibrio algosus

Vibrio anguillarum

Vibrio cholerae

Vibrio fisheri

Vibrio haloplanktis

Vibrio marinagilis

Vibrio marino vulgaris

Vibrio marinofulvus

Vibrio marinus

Vibrio noctiluca

Vibrio parahemolyticus

Vibrio vulnificus

Vitreoscilla stercoraria

Xanthomonas maltophilia

Yersinia enterocolitica

Yersinia kristensenii

VIRUSES

adenovirus - human, all types

coxsackievirus

cytomegalovirus

echovirus

enterovirus

Epstein-Barr virus

hepatitis virus - types A,B,C,D,E

herpes simplex virus - types 1 and 2

herpes varicella zoster virus

human immunodeficiency virus - types 1 and 2

human papillomavirus

influenza virus - types A,B,C

measles (rubeola) virus

mumps virus

parainfluenza virus - types 1,2,3,4

poliovirus - all strains except:

polivirus wild-type strain

respiratory syncytial virus rhinovirus

rotavirus

rubivirus (rubella)

vaccinia virus

varicella-zoster virus

BACTERIOPHAGE

(Hosts of Bacteriophage)

Acidovorax facilis

Actinomyces viscosus

Agrobacterium radiobacter

Agrobacterium tumefaciens

Alteromonas espejiana

Alteromonas haloplinktis

Anabaena - all species in genus

Asticcacaulis excentricus

Azotobacter vinelandii

Bacillus brevis

Bacillus cereus

Bacillus firmus

Bacillus licheniformis

Bacillus megaterium

Bacillus mycoides

Bacillus polymyxa

Bacillus pumilus

Bacillus stearothermophilus

Bacillus subtilis

Bacillus thuringiensis

Bacteroides fragilis

Brochothrix thermosphacta

Brucella abortus

Brucella melitensis

Campylobacter coli

Campylobacter jejuni

Caulobacter bacteroides

Caulobacter crescentus

Caulobacter fusiformis

Clostridium sporogenes

Comamonas acidovorans

Corynebacterium - all species in genus

Cytophaga marinoflava

Enterobacter cloacae

Enterococcus faecalis

Enterococcus faecium

Erwinia amylovora

Erwinia ananas

Escherichia coli

Klebsiella pneumoniae

Lactobacillus - all species in genus

Lactococcus lactis

Listeria monocytogenes

Micrococcus luteus

Mycobacterium - all species in genus

Nocardioides albus

Nostoc - all species in genus

Plectonema boryanum

Propionibacterium acnes

Pseudomonas aeruginosa

Pseudomonas fluorescens

Pseudomonas fragi

Pseudomonas putida

Pseudomonas syringae

Rhizobium leguminosarum

Rhodospirillum rubrum

Saccharopolyspora rectivirgula

Salmonella choleraesuis

Salmonella typhimurium

Serratia marcescens

Shigella - all species in genus

Staphylococcus aureus

Streptococcus - all species in genus

Streptomyces griseus

Synechococcus - all species in genus

Thermoactinomyces candidus

Vibrio - all species in genus

Xanthomonas campestris

Xanthomonas oryzae

Yersinia pestis

Yersinia pseudotuberculosis

ALGAE

Chaetoceros - all species in genus except:

C. convolutus

C. concavicornis

Characiosiphon - all species in genus

Chilomonas oblonga

Chilomonas Paramecium

Chlorella - all species in genus

Cyanophora paradoxis

Derbesia - all species in genus

Dunaliella - all species in genus

Gonium - all species in genus

Isochrysis - all species in genus

Monochrysis - all species in genus

Nannochloropsis - all species in genus

Ochromonas - all species in genus

Palmaria mollis

Pandorina - all species in genus

Peranema granulifera

Peranema trichophorum

Prototheca - all species in genus

Rhodochorton purpureum

Skeletonema - all species in genus

Tetraselmis - all species in genus

Thalassiosira - all species in genus

Volvox - all species in genus

PROTOZOA

Amoeba proteus

Arcella - all species in genus

Blepharisma - all species in genus

Chaos carolinensis

Chilomastix mesnili

Colpidium - all species in genus

Didinium - all species in genus

Difflugia lobostoma

Dileptus - all species in genus

Endolimax nana

Entamoeba coli

Entamoeba gingivalis

Entamoeba hartmanii

Enteromonas hominis

Euplotes - all species in genus

Iodamoeba buetschlii

Paramecium aurelia

Paramecium bursaria

Paramecium caudatum

Paramecium micronucleatum

Paramecium multimicronucleatum

Retortamonas intestinalis

Spirostomum - all species in genus

Stentor - all species in genus

Tetrahymena pyriformis

Trichomonas hominis

Trichomonas tenax

Vorticella - all species in genus

History

October 25, 2001

Haw. Code R. tit. 4, subtit. 6, ch. 71A-RA LIST OF RESTRICTED MICROORGANISMS PART A

SCIENTIFIC NAME

FUNGI

Aethalia - all species in genus

Albugo - all species in genus

Alternaria - all species in genus except:

A. alternata

A. geophilia

Allomyces - all species in genus

Amanita muscaria

Amanita rubescens

Angiosporus solani

Aphanomyces - all species in genus

Armillaria - all species in genus

Ascobolus stercorarius

Ascochyta - all species in genus

Aspergillus - all species in genus except:

| A. candidus | A. clavatus | | --- | --- | | A. cremeus | A. flavipipes | | A. flavus | A. fumigatus | | A. glaucus | A. nidulans | | A. niger | A. ochraceus | | A. restrictus | A. terreus | | A. ustus | A. versicolor | | A. wentii | |

Asperisporium - all species in genus

Beauveria - all species in genus

Bipolaris - all species in genus except:

B. hawaiiensis

Botryodiplodia - all species in genus

Botryosphaeria - all species in genus

Botrytis - all species in genus

Bremia - all species in genus

Calonectria - all species in genus

Ceratocystis - all species in genus

Cercospora - all species in genus

Cercosporella - all species in genus

Choanephora - all species in genus

Cionothrix - all species in genus

Cladosporium - all species in genus except:

C. bantianum C. carrionii

C. trichoides

Clavicep purpuera

Cochliobolus - all species in genus

Colletotrichum - all species in genus

Corticium - all species in genus

Cylindrocladium - all species in genus

Cylindrosporium - all species in genus

Diaporthe - all species in genus

Digitatispora marina

Didymella - all species in genus

Didymium nigripes

Diplodia - all species in genus

Dothiorella berengeriana

Dothistroma pini

Drechslera - all species in genus except:

D. hawaiiensis D. rostrata

D. spicifera

Elsinoe - all species in genus

Emericella variecolor

Endothia - all species in genus

Erysiphe - all species in genus

Exobasidium - all species in genus

Exserohilum - all species in genus except:

E. mcginnisii

E. rostratum

Fulvia - all species in genus

Gibberella - all species in genus

Gliomastix inflata

Gloeosporium - all species in genus

Glomerella - all species in genus

Gnomonia - all species in genus

Guignardia - all species in genus

Gymnoconia - all species in genus

Helminthosporium - all species in genus

Heterobasidium - all species in genus

Histoplasma farciminosum Hypoxylon - all species in genus

Kuehneola - all species in genus

Lenzites - all species in genus

Macrophoma - all species in genus

Macrophomina - all species in genus

Madurella - all species in genus

Mahabalella - all species in genus

Marasmius - all species in genus except:

M. oreades

Marssonina - all species in genus

Metarhizium - all species in genus

Microcyclus ulei

Microsphaera - all species in genus

Monosporascus - all species in genus

Mucor - all species in genus except:

M. hiemalis M. pusillus

M. ramannianus M. ramosissimus

Mycena citricolor

Myrothecium - all species in genus

Nectria - all species in genus

Orbimyces spectabilis

Paracoccidioides brasiliensis

Peniophroa - all species in genus

Peronospora - all species in genus

Pestalotia - all species in genus

Pestalotiopsis - all species in genus

Phakopsora pachyrhizi

Pholiota - all species in genus

Phoma - all species in genus except:

P. glomerata P. hibernica

P. oculo-hominis

Phomopsis - all species in genus

Phragmidium - all species in genus

Phyllactinia - all species in genus

Phyllostica - all species in genus

Phymatotrichopsis omnivora Physoderma - all species in genus

Phytophthora - all species in genus

Plasmodiophora - all species in genus

Plasmopara - all species in genus

Podosphaera - all species in genus

Polyporus - all species in genus

Poria - all species in genus

Poronia oedipus

Prospodium tuberculatum

Pseudocercospora - all species in genus

Pseudoperonospora - all species in genus

Puccinia - all species in genus

Pyrenphora - all species in genus

Pyricularia - all species in genus

Pyriculariopsis - all species in genus

Pythium - all species in genus

Ramularia - all species in genus

Rhizoctonia - all species in genus

Rozella allomyces

Schizophyllum - all species in genus

Sclerospora - all species in genus

Sclerotinia - all species in genus

Sclerotium - all species in genus

Scopulariopsis - all species in genus except:

S.brevicaulis

S. brumptii

Septoria - all species in genus

Sphaceloma - all species in genus

Sphacelotheca - all species in genus

Sphaerotheca - all species in genus

Sporothrix - all species in genus except:

S. schenckii

Stemonitis flavogenita

Stereum - all species in genus

Synchytrium enfobioticum

Thanatephorus - all species in genus

Thielaviopsis - all species in genus

Tilletia - all species in genus

Trichophaea abundans

Uncinula - all species in genus

Urocystis - all species in genus

Uromyces - all species in genus

Ustilago - all species in genus

Verticillum - all species in genus except:

V. graphii

Xylaria - all species in genus

BACTERIA

Bartonella - all species in genus

Brucella - all species in genus except:

B. abortus B. melitensis

B. suis

Chlamydia psittaci avian strains

Corynebacterium (=Clavibacter) michiganensis

subsp. insidiosus

Coconut lethal yellowing mycoplasma like organism

Curtobacterium flaccumbaciens

Elsinoe australis

Erwinia amylovora

Erwinia cartovora

Erwinia stewartii

Fastidious bacterium (citrus greening disease)

Guidgnardia citircarpa

Mycobacterium avium

Mycobacterium bovis

Mycobacterium tuberculosis

Mycoplasma agalactiae

Mycoplasma mycoides

Pasteurella multocida type B

("buffalo" and other foreign virulent strains) Phytoplamas - Diseases caused by phytoplasmas (fomerly known as mycoplasmalike organisms(MLOs)) Pseudomonas solanacearum

Ralstonia solanacearum

Rickettsia - all species in genus except:

R. prowazekii

R. rickettsii

Salmonella typhi

Xanthomonas campestris pv. citri

Xanthomonas campestris pv. citricarpa

Xanthomonas campestris pv. vasculorum

Xanthomonas oryzae pv. oryzae

Xanthomonas oryzae pv. oryzicola

CYANOBACTERIA

Anabaena - all species in genus Aureococcus anophageefferens

Cylindrospermum - all species in genus

Microcystis - all species in genus

Nodularia - all species in genus

Pseudanabaena - all species in genus

Xenococcus - all species in genus

PLANT VIRUSES

abutilon mosaic virus

African cassava mosaic virus

Arabis mosaic virus

baculoviruses

banana bunchy top virus

banana badnavirus

banana mosaic virus

bean golden mosaic virus

bean yellow mosaic virus

broad bean strain virus

brome mosaic virus

cacao swollen shoot virus

carnation ring (cadang viroid)

citrus tristeza virus

citrus tristeza virus (mild strains)

coconut virus

cucumber mosaic virus

cymbidium mosaic virus

maize mosaic virus

odontoglossum ringspot virus

papaya ringspot virus-p (PRSV-p strain) except

PRSV-p mild strain

papaya ringspot virus-w (PRSV-w strain)

pineapple badnavirus

pineapple closterovirus

MCM virus (maize chlorotic mottle)

MRD virus (maize rough dwarf)

MRF virus (maize rayado fino)

maize streak virus

maize stripe virus

potato mop-top virus

potato virus T

potato Y virus

potato yellowed dwarf virus

Prunus necrotic ringspot virus

rice dwarf virus

satuma dwarf virus

sharka (plume pox) virus

southern bean mosaic virus

sugarcane badna virus

Sugarcane Fiji disease virus

tobacco mosaic virus

tobacco ringspot virus

tomato black ring (anepo virus)

tomato mosaic virus

tomato ringspot virus

tomato spotted wilt virus

tomato yellow leaf curl virus

turnip mosaic virus

veinal necrosis virus

watermelon mosaic 1 virus

watermelon mosaic 2 virus

zucchini yellow mosaic virus

HUMAN AND ANIMAL VIRUSES

African horse sickness virus

African swine fever virus

Akabane virus

Aujeszky disease virus

avian influenzae bluetongue virus

Borna disease virus

bovine infectious petechial fever agent

bovine spongiform encephalopathy (a prion)

Bunyavirus group

camelpox virus

chikungunya virus

classical swine fever virus

Coronavirus group

channel catfish virus

Creutzfeldt-Jacob Disease variant, bovine spongiform

dengue virus (types 1-4)

ephermeral fever virus

foot and mouth disease virus

hog cholera virus

human immunodieficiency virus (type 1-2)

human T-cell lymphotropic viruses

Japanese B encephalitis

lumpy skin disease virus

lymphocytic choriomeningitis virus

lymphocytic choriomeningitis (neurotropic) virus

monkey pox virus

Moribilli virus

Nairobi sheep disease virus Newcastle disease virus

Parvovirus (human)

Peste des pestitis ruminants virus

Polyomavirus (BK and JC viruses)

Porcine enterovirus type 9

rabies virus

rinderspest virus

Semliki Forest virus

sheep and goat pox virus

Sindbis virus

swine vesicular disease virus

vesicular exantema virus

Vesicular stomatidis virus

viral hemorrhagic disease of rabbits

Wesselsbron disease virus

Western equine encephalomyelitis virus

white pox virus

ALGAE

Alexandria monilata

Alexandrium sp.

Chrysochromulina - all species in genus

Ganblerdiscus toxicus

Gymnodinium aureolaum

Gymnodinium breve

Osteropsis lenticularis

Osteroopsis siamensis

Pflesteria-like dinoflagellates

Prorocentrum hoffmannianum

Prorocentrum lima

Pseudo-nitzschia australis

Pseudo-nitzschia pungens f. multiseries

History

October 25, 2001

Haw. Code R. tit. 4, subtit. 6, ch. 71A-RB LIST OF RESTRICTED MICROORGANISMS PART B

SCIENTIFIC NAME

FUNGI

Absidia - all species in genus except:

A. coerulea A. corymbifera

A. ramosa A. spinosa

Acremonium - all species in genus except:

A. falciforme A. kiliense

A. recifei A. vitis

Agaricus - all species in genus except:

A. bitorquis A. bisporus

A. campestris Agaricus sp. (Portabello mushroom)

Allescheria boydii

Aureobasidium - all species in genus except:

A. pullulans

Basidiobolus ranarum

Blakeslea trispora

Blastoschizomyces - all species in genus except:

B. capitatus

Brettanomyces - all species in genus

Candida - all species in genus except:

| C. albicans | C. famata | | --- | --- | | C. geochares | C. glabrata | | C. humicola | C. immitis | | C. kefyr | C. krusei | | C. lipolytica | C. lusitaniae | | C. parapsilosis | C. pseudotropicalis | | C. quilliermondii | C. rugosa | | C. stellatoidea | C. tropicalis | | C. zeylanoides | |

Chaetomium - all species in genus except:

C. globosum

Chalaropsis - all species in genus

Chrysosporium - all species in genus except:

C. keratinophilum C. liquorum

C. pruinosum

Cryptococcus - all species in genus except:

C. albidus C. gastricus

C. huminocola C. laurentii

C. luteolus C. neoformans

C. terrerus C. uniguttulatus

Cunninghamella - all species in genus except:

C. bertholletiae C. blakesleena

C. elegans

Curvularia - all species in genus except:

C. geniculata

C. lunata

Entomophthora coronata

Epicoccum - all species in genus except:

E. nigrum

Epidermophyton - all species in genus except:

E. floccosum

Exophiala - all species in genus except:

E. dermatitidis E. jeanselmei

E. spinifera E. werneckii

Fonsecaea - all species in genus except:

F. compacta

F. pedrosoi

Fusarium - all species in genus

Geotrichium - all species in genus except:

G. candidum

G. penicillatum

Gliocladium - all species in genus except:

G. roseum

Glomus - all species in genus except:

G. brasilianum G. clarum

G. deserticola G. etunicatum

G. fasciculatum G. intraradices

G. monosporus G. mosseae

Hansenula - all species in genus except:

H. anomala H. pollymoropha

H. wingei

Hormodendrom pedrosoi

Hyphochytrium catenodies

Lagenidium giganteum

Macrosporium laminanianum

Malassezia - all species in genus except:

M. furfur

M. pachydermatis

Mortierella ramannianda var. angulispora

Neurospora - all species in genus except:

N. crassa

N. tetrasperma

Nigrospora - all species in genus except:

N. oryzae

Phialophora - all species in genus except:

P. bubakii P. parasitica

P. repens P. richardsiae

P. verrucosa

Pichia - all species in genus except:

P. canadensis

P. pastoris

Pilobolus - all species in genus

Pleurotus - all species in genus except:

P. cystidiosus P. djamor

P. ostreatus P. sajor-caju

Pseudoallescheria - all species in genus except:

P. boydii

Rhizomucor - all species in genus

Rhizopus - all species in genus except:

R. stolonifer

Saccharomycopsis - all species in genus

Schizosaccharomyces - all species in genus

Sordaria - all species in genus except:

S. fimicola

Sporobolomyces - all species in genus except:

S. salmonicolor

Sporotrichum - all species in genus except:

S. pruinosum

Stemphylium - all species in genus except:

S. sarcinaeforme

Trichoderma - all species in genus except:

T. harzianum

T. virens

T. viridae

Trichothecium - all species in genus except:

T. roseum

Ulocladium - all species in genus except:

U. atrum

Wangiella - all species in genus except:

W. dermatitidis

Xylohypha - all species in genus

Yamadazyma - all species in genus

Yarrowia - all species in genus except:

Y. lipolytica

Zygorhynchus moelleri

SLIME MOLD

Acrasia rosea

Acytostelium leptosomum

Dictyostelium - all species in genus except:

D. discoideum

Physarum - all species in genus except:

P. polycephalum

Polysphondylium pallidum

Polysphondylium violaceum

BACTERIA

Acetobacter - all species in genus except:

A. aceti

A. oxydans

A. suboxydans

Achromobacter - all species in genus except:

A. fischeri

Acidaminococcus - all species in genus except:

A. fermentans

Acidovorax - all species in genus except:

A. delafieldii

A. facilis

Acinetobacter - all species in genus except:

A. baumanni

A. calcoaceticus

A. haemolyticus

A. lwofii

Actinobacillus - all species in genus except:

A. pleuropneumonias

A. suis

Actinomadura - all species in genus except:

A. madurae

A. pelletieri

Actinoplanes philippinensis

Actinomyces - all species in genus except:

A. odontolyticus

A. pyrogenes

Aerococcus - all species in genus except:

A. viridans

Aeromonas - all species in genus except:

A. caviae

A. hydrophila

A. sobria

A. veronii

Agrobacterium - all species in genus

Alcaligenes - all species in genus except:

A. acidocaldarius

A. acidoterrestris

A. cupidus

A. cycloheptanicus

A. dispar

A. eutrophus

A. faecalis

A. viscolactis

A. viscosus

Alteromonas - all species in genus except:

A. putrefaciens

Aquaspirillum - all species in genus

Arachnia propionica

Arcanobacterium - all species in genus except:

A. haemolyticum

Arizona - all species in genus except:

A. hinshawii

Arthrobacter - all species in genus except:

A. agalis

A. citreus

A. crystallopoietes

A. globiformis

A. marinus

A. paraffineus

Aureobacterium - all species in genus

Bifidobacterium - all species in genus

Brevundimonas - all species in genus

Capnocytophaga - all species in genus

Cardiobacterium - all species in genus

Caulobacter bacteroides Chlorobium - all species in genus

Chromatium - all species in genus except:

C. warmingii

Chryseomonas - all species in genus

Clavibacter - all species in genus except:

C. michiganensis subsp. insidiosus Comamonas - all species in genus except:

C. testosteroni

Curtobacterium - all species in genus except:

C. flaccumbaciens

Desulfotomaculum ruminis

Edwardsiella - all species in genus except:

E. tarda

Ectothiorhodospira - all species in genus

Eikenella - all species in genus except:

E. corrodens

Enterococcus - all species in genus except:

E. avium

E. durans

E. faecalis

E. faecium

E. hirae

Erwinia - all species in genus except:

E. amylovora

E. cartovora

E. stewartii

E. dissolvens

Eubacterium - all species in genus except:

E. lentum

Flavobacterium - all species in genus except:

F. multivorum

F. meningosepticum

F. odoratum

Flexibacter - all species in genus

Francisella - all species in genus except:

F. tularensis

Gemella - all species in genus

Halobacterium - all species in genus except:

H. salinarium

Haemophilus - all species in genus except:

H. ducreyi

H. influenzae

H. parahaemolyticus

H. paraphrophilus

H. parasuis

H. sommus

Kingella - all species in genus except:

K. kingae

Lactococcus - all species in genus except:

L. cremoris

L. lactis

Leuconostoc - all species in genus except:

L. citrovorum

L. cremoris

L. mesenteroides

Methanococcus - all species in genus

Methylobacterium - all species in genus

Microbacterium imperiale Microscilla - all species in genus

Morganella - all species in genus except:

M. morganii

Moraxella - all species in genus except:

M. catarrhalis

M. ureolytica

M. urethralis

M. osloensi

Neisseria - all species in genus except:

N. cinerea

N. flavascens

N. gonorrhoeae

N. lactamica

N. meningitidis

N. mucosa

N. perfalva

N. sicca

N. subflava

Norcardia farcinia

Nocardiopsis - all species in genus except:

N. dassonvillei

Ochrobactrum - all species in genus

Oerskovia - all species in genus except:

O. xanthieolytica

Oligella - all species in genus except:

O. ureolytica

O. uretharlis

Pasteurella pestis avirulent strain

Peptostreptococcus - all species in genus except:

P. anaerobium

P. elsdenii

P. magnus

P. micros

Polysphondylium pallidum

Polysphondylium violaceum

Porphyromonas - all species in genus except:

P. asaccharolytica

P. gingivalis

P. levii

Providencia - all species in genus

Prevotella - all species in genus except:

P. intermedia

P. loeschii

P. melaninogenica

Propionibacterium - all species in genus except:

P. acidipropionici

P. acnes

P. freudenreichii

P. jensenii

P. pentosaceum

P. shermanii

P. technicum

P. thoenii

Prosthecochloris - all species in genus

Proteus - all species in genus except:

P. mirabilis

P. penneri

P. rettgeri

P. vulgaris

Pseudomonas - all species in genus except:

| P. acidovorans | P. aeruginosa | | --- | --- | | P. alcaligenes | P. andropogonis | | P. avenae | P. caryophylii | | P. cattleyae | P. cepacia | | P. cichorii | P. citronellolis | | P. delafieldii | P. denitrificans | | P. facilis | P. flava | | P. flectens | P. fluorescens | | P. fuscovaginae | P. gladioli | | P. glumae | P. lucifera | | P. mallei | P. marginalis | | P. nactus | P. nigrifaciens | | P. oleovorans | P. oryzicola | | P. palleronii | P. phaseolicola | | P. pickettii | P. pseudoalcaligenes | | P. pseudoflava | P. pseudomallei | | P. putida | P. rubrilineans | | P. saccharophila | P. solanacearum | | P. stutzeri | P. syringae | | P. testosteroni | P. viridiflava | | P. woodsii | |

Rhodomicrobium - all species in genus

Shewanella - all species in genus except:

S. putrefaciens

Sphingobacterium - all species in genus except:

S. multivorum

S. serpens

Sphingomonas paucimobilis

Stenotrophomonas - all species in genus except:

S. maltophilia)

Stomatococcus - all species in genus

Streptobacillus moniliformis

Streptosporangium roseum

Thiobacillus - all species in genus except:

T. dinitrifleans

T. thioparus

Thiocystis - all species in genus

Thiodictyon - all species in genus

Thiospirillum - all species in genus

Variovorax - all species in genus

Veillonella - all species in genus except:

V. alcalescens

V. parvula

Vibrio - all species in genus except:

| V. adaptatus | V. algosus | | --- | --- | | V. anguillarum | V. fischeri | | V. haloplanktis | V. marinus | | V. marinagilis | V. marino vulgaris | | V. marinofulvus | V. noctiluca | | V. parahemolyticus | V. vulnificus |

Xanthomonas - all species in genus except:

X. campestri pv. citri

X. campestris pv. citricarpa

X. campestris pv. vasculorum

X. oryzae pv. oryzae

X. oryzae pv. oryzicola

CYANOBACTERIA

Aphanizomenon flos-aquae

Calothrix - all species in genus

Chamaesiphon - all species in genus

Chlorogloeopsis - all species in genus

Chroococcidiopsis - all species in genus

Dermocarpa - all species in genus

Fischerella - all species in genus

Gloeobacter - all species in genus

Gloeothece - all species in genus

Gloeocapsa - all species in genus

Hapalosiphon - all species in genus

Lyngbya - all species in genus

Microcoleus - all species in genus

Nostoc - all species in genus

Oscillatoria - all species in genus

Phormidium - all species in genus

Plectonema - all species in genus

Porphyrosiphon notarisii

Schizothrix - all species in genus

Scytonema - all species in genus

Spirulina - all species in genus

Symphyonemopsis

kataiensis Symploca muscorum

Synechococcus - all species in genus

Synechocystis - all species in genus

Tolypothrix - all species in genus

PLANT VIRUSES

mild strain of papaya ringspot virus-p

(PRSV-p mild strain)

zucchini yellow mosaic virus-weak strain

ALGAE

Achnanthes - all species in genus

Amphidinium - all species in genus

Amphiprora - all species in genus

Amphora - all species in genus

Anadyomene - all species in genus

Ankistrodesmus - all species in genus

Astasia - all species in genus

Asterococcus - all species in genus

Astrephomene - all species in genus

Atractomorpha - all species in genus

Axilosphaera - all species in genus

Bangia - all species in genus Basicladia - all species in genus

Batrachospermum - all species in genus

Boergesenia - all species in genus

Botryococcus - all species in genus

Borodinella - all species in genus

Borodinellopsis - all species in genus

Botrydiopsis - all species in genus

Botrydium - all species in genus

Brachiomonas - all species in genus

Bracteacoccus - all species in genus

Bulbochaete - all species in genus

Bumilleriopsis - all species in genus

Callithamnion - all species in genus

Calyptrosphaera -all species in genus

Capsosiphon - all species in genus

Carteria - all species in genus

Cephaleuros - all species in genus

Chaetoceros concavicornis

Chaetoceros convolutus

Chaetomorpha - all species in genus

Chaetopeltis - all species in genus

Chaetophora - all species in genus

Characium - all species in genus

Chattonella - all species in genus

Chlamydomonas - all species in genus

Chlorochytrium - all species in genus

Chlorocloster - all species in genus

Chlorococcum - all species in genus

Chlorogonium - all species in genus

Chlorosarcina - all species in genus

Chlorosarcinopsis - all species in genus

Chodatella - all species in genus

Chromulina - all species in genus

Chroomonas - all species in genus

Chrysosphaera - all species in genus

Cladophoropsis - all species in genus

Closteriopsis - all species in genus

Closterium - all species in genus

Coccolithophora - all species in genus

Coccolithus - all species in genus

Coccomyxa - all species in genus

Coelastrum - all species in genus

Colacium - all species in genus

Coleochaete - all species in genus

Compsopogon - all species in genus

Coronastrum - all species in genus

Cosmarium - all species in genus

Cricosphaera - all species in genus

Crucigeneiella - all species in genus

Crucigenia - all species in genus

Cryptoglena - all species in genus

Cryptochrysis - all species in genus

Cryptomonas - all species in genus

Ctenocladus - all species in genus

Cyanidium - all species in genus

Cyclotella - all species in genus

Cylindrocapsa - all species in genus

Cylindrocystis - all species in genus

Cylindrotheca - all species in genus

Dactylococcus - all species in genus

Desmidium - all species in genus

Dichotomosiphon - all species in genus

Dicrateria - all species in genus

Dictyosphaeria - all species in genus

Dimorphococcus - all species in genus

Dinobryon - all species in genus

Distigma - all species in genus

Draparnaldia - all species in genus

Dysmorphococcus - all species in genus

Ectocarpus -all species in genus

Elakatothrix - all species in genus

Ellipsoidon - all species in genus

Emiliana - all species in genus

Entocladia - all species in genus Eremosphaera - all species in genus

Euastrum - all species in genus

Eudorina - all species in genus

Eunotia - all species in genus

Eustigamatos - all species in genus

Eutreptia - all species in genus

Franceia - all species in genus

Fritschiella - all species in genus

Galdieria - all species in genus

Gelidium - all species in genus

Glenodinium - all species in genus

Gloeocystis - all species in genus

Gloeodinium - all species in genus

Gloeothamnion - all species in genus

Golenkinia - all species in genus

Gonatozygon - all species in genus

Gongrosira - all species in genus

Gonyostomum - all species in genus

Gloeomonas - all species in genus

Gracilaria - all species in genus

Gymnodinium - all species in genus except:

G. aureollaum

G. breve

Haematococcus - all species in genus

Hemiselmis - all species in genus

Heterococcus - all species in genus

Heteromastix - all species in genus

Heterothrix - all species in genus

Hormotila - all species in genus

Hormotilopsis - all species in genus

Hyalotheca - all species in genus

Hymenomonas - all species in genus

Hypnomonas - all species in genus

Kirchneriella - all species in genus

Klebsormidium - all species in genus

Laurencia - all species in genus

Lepocinclis -all species in genus

Leptosira - all species in genus

Lobomonas - all species in genus

Macrocystis pyrifera

Menoidium - all species in genus

Mesotaenium - all species in genus

Micrasterias - all species in genus

Microdictyon - all species in genus

Microspora - all species in genus

Microthamnion - all species in genus

Mischococcus - all species in genus

Monas (=Streptomonas) - all species in genus

Monodus - all species in genus

Mougeotia - all species in genus

Myrmecia - all species in genus

Nannochloris - all species in genus

Neospongiococcum - all species in genus

Netrium - all species in genus

Neochloris - all species in genus

Nephrochloris - all species in genus

Nephroselmis - all species in genus

Nitella - all species in genus

Nitzschia - all species in genus

Oedocladium - all species in genus

Oedogonium - all species in genus

Olistodiscus (=Heterosigma) - all species in genus

Onychonema (=Sphaerozosma) - all species in genus

Ophiocytium - all species in genus

Ourococcus - all species in genus

Oxyrrhia - all species in genus

Palmella - all species in genus

Palmellopsis - all species in genus

Paulschulzia - all species in genus

Pectodictyon - all species in genus

Pedinomonas - all species in genus

Penium - all species in genus

Phacotus - all species in genus

Phacus - all species in genus

Phaeodactylum - all species in genus

Percursaria - all species in genus

Peridinium - all species in genus

Physocytium - all species in genus

Pithophora - all species in genus

Pleurotaenium - all species in genus

Planktosphaeria - all species in genus

Planophila - all species in genus

Platydorina - all species in genus

Platymonas - all species in genus

Pleodorina - all species in genus

Pleurastrum - all species in genus

Pleurochloris - all species in genus

Pleurochrysis - all species in genus

Polytoma - all species in genus

Polytomella - all species in genus

Porphyra tenera

Porphyra yezoensis

Porphyridium - all species in genus

Prasinocladus - all species in genus

Protosiphon - all species in genus

Pseudendoclonium - all species in genus

Pseudocharaciopsis - all species in genus

Pseudocharacium - all species in genus

Pseudopleurococcus - all species in genus

Pseudotetracystis - all species in genus

Pseudotrebouxia - all species in genus

Pterocladia - all species in genus

Pteromonas - all species in genus

Pulchraspaera - all species in genus

Pyramimonas - all species in genus

Pyrobotrys (=Uva) - all species in genus

Radiofilum - all species in genus

Radiosphaera (=Actinochloris) - all species in genus

Raphidonema - all species in genus

Rhabdomonas - all species in genus

Rhizoclonium - all species in genus

Rhodamonas - all species in genus

Roya - all species in genus

Sarcinochrysis - all species in genus

Scenedesmus - all species in genus

Schizomeris - all species in genus

Selenastrum - all species in genus

Siphonocladus - all species in genus

Sirogonium - all species in genus

Spirotaenia - all species in genus

Spongiochloris - all species in genus

Staurastrum - all species in genus

Stephanoptera - all species in genus

Stichococcus - all species in genus

Stigeoclonium - all species in genus

Stephanosphaera - all species in genus

Struvea - all species in genus

Synura - all species in genus

Teradesmus (=Tetradesmus) - all species in genus

Tetracystis - all species in genus

Tetraedon - all species in genus

Tetrallantos - all species in genus

Tetraspora - all species in genus

Trachelomonas - all species in genus

Trebouxia - all species in genus

Trentepohlia - all species in genus

Tribonema - all species in genus

Trichosarcina - all species in genus

Trochischia - all species in genus

Ulothrix - all species in genus

Valonia - all species in genus

Vaucheria - all species in genus

Vischeria - all species in genus

Volvulina - all species in genus

Wislouchiella - all species in genus

Zooxanthella - all species in genus

PROTOZOA

Acanthamoeba - all species in genus except:

A. castellani

Entamoeba - all species in genus except:

E. histolytica

E. coli

E. gingivalis

E. hartamanii

Mansonella - all species in genus except:

M. ozzardi

M. perstans

Nosema - all species in genus

Trichomonas - all species in genus except:

T. hominis

T. tenax

T. vaginalis

Trypanosoma - all species in genus

History

October 25, 2001

Haw. Code R. tit. 4, subtit. 6, ch. 71A-SP LIST OF SELECTED HUMAN PATHOGENS

SCIENTIFIC NAME

FUNGI

Coccidioides immitis

BACTERIA

Bacillus anthracis

Brucella abortus

Brucella melitensis

Brucella suis

Burkholderia (Pseudomonas) mallei

Burkholderia (Pseudomonas) pseudomallei

Clostridium botulinum

Coxiella burnetii

Francisella tularensis

Rickettsia prowazekii

Rickettsia rickettsii

Yersinia pestis

VIRUSES

Crimean-Congo haemorrhagic fever virus

Eastern Equine Encephalitis virus

Ebola viruses

Equine Morbillivirus (Hendra virus)

Lassa fever virus

Marburg virus

Rift Valley fever virus

South American Haemorrhagic fever viruses

Tick-borne encephalitis complex viruses

Omsk hemorrhagi fever

Russian spring-Summer encephalitis

Variola major virus (Smallpox virus)

Venezuelan Equine Encephalitis virus

Viruses causing hantavirus pulmonary syndrome

Yellow fever virus

History

October 25, 2001

Haw. Code R. tit. 4, subtit. 6, ch. 71C LIST OF CONDITIONAL APPROVED ANIMALS

CONDITIONAL ANIMAL LIST

| SCIENTIFIC NAME | COMMON NAME | | --- | --- | | INVERTEBRATES | | | PHYLUM Annelida | | | CLASS Oligochaeta | | | ORDER Plesiopora | | | FAMILY Tubificidae | | | Tubifex (all species in genus) | worm, tubifex | | PHYLUM Arthropoda | | | CLASS Crustacea | | | ORDER Anostraca | | | FAMILY Artemiidae | | | Artemia (all species in genus) | shrimp, brine | | ORDER Cladocera | | | FAMILY Daphnidae | | | Daphnia (all species in genus) | flea, water | | ORDER Decapoda | | | FAMILY Atelecyclidae | | | Erimacrus isenbeckii | crab, horsehair | | FAMILY Cancridae | | | Cancer antennarius | crab, California rock | | Cancer anthonyi | crab, yellowstone | | Cancer borealis | crab, Jonah | | Cancer magister | crab, dungeness | | Cancer productus | crab, rock (red) | | FAMILY Geryonidae | | | Geryon affinis | crab, golden | | FAMILY Lithodidae | | | Paralithodes camtschatica | crab, Alaskan king | | FAMILY Majidae | | | Chionocetes bairdi | crab, snow | | Chionocetes opilio | crab, snow | | Chionocetes tanneri | crab, snow | | FAMILY Nephropidae | | | Homarus (all species in genus) | lobster, true | | FAMILY Palaemonidae | | | Macrobrachium lar | shrimp, freshwater | | Macrobrachium rosenbergi | prawn, giant long-legged | | FAMILY Palinuridae | | | Jasus (all species in genus) | crayfish, saltwater; | | | lobster | | Panulirus argus | lobster, Atlantic spiny | | Panulirus longipes femoristriga | crayfish, saltwater | | Panulirus pencillatus | lobster, spiny | | FAMILY Portunidae | | | Callinectes sapidus | crab, blue | | Scylla serrata | crab, Samoan; serrate, | | | swimming | | FAMILY Raninidae | | | Ranina ranina | crab, spanner; red frog, | | | Hawaiian | | CLASS Insecta | | | ORDER Coleoptera | | | FAMILY Tenebrionidae | | | Tenebrio molitor | mealworm, yellow | | ORDER Diptera | | | FAMILY Drosophilidae | | | Drosophila melanogaster | fly, pomace | | PHYLUM Cnidaria | | | CLASS Hydrozoa | | | ORDER Hydroida | | | FAMILY Hydridae | | | Hydra (all species in genus) | hydra | | PHYLUM Echinodermata | | | CLASS Echinoidea | | | ORDER Echinoida | | | FAMILY Strongylocentrotidae | | | Strongylocentrotus drobachiensis | sea urchin | | Strongylocentrotus franciscanus | sea urchin | | Strongylocentrotus purpuratus | sea urchin | | CLASS Holothuroida | | | ORDER Dactylochirotida | | | FAMILY Stichopodidae | | | Stichopus californicus | sea cucumber | | Stichopus japonicus | sea cucumber, Japanese | | PHYLUM Mollusca | | | CLASS Bivalvia | | | ORDER Myoida | | | FAMILY Hiatellidae | | | Panope generosa | clam, king (geoduck) | | FAMILY Myidae | | | Mya arenaria | clam, soft shell | | ORDER Mytiloida | | | FAMILY Mytilidae | | | Mytilus edulis | mussel, sea | | Mytilus edulis galloprovincialis | mussel, Mediterranean | | Perna canaliculus (viridis) | mussel, green lipped | | ORDER Ostreoida | | | FAMILY Ostreidae | | | Crassostrea (all species in genus) | oyster | | Ostrea (all species in genus) | oyster | | FAMILY Pectinidae | | | Argopecten irradians | scallops, bay | | Chlamys hastata | scallop, spiny | | Chlamys rubida | scallop, pink | | Pecten caurinus | scallop, weathervane | | ORDER Veneroida | | | FAMILY Cultellidae | | | Siliqua patula | clam, razor | | FAMILY Mactridae | | | Mactromeris polynyma | clam, Stimpson's surf | | Spisula solidissima | clam, east coast surf | | Tresus capax | clam, horse | | Tresus nuttalli | clam, horse | | FAMILY Mesodesmatidae | | | Paphies australis | clams, New Zealand pipi | | Paphies donacina | clam, tuatua | | Paphies subtriangulata | clams, tuatua | | FAMILY Veneridae | | | Chione stutchburyi | cockle, New Zealand | | Mercenaria mercenaria | clam, littleneck | | Tapes semidecussata | clam | | Venerupis japonicus | clam | | Venus mercenaria | clam, quahog | | CLASS Gastropoda | | | ORDER Archaeogastropoda | | | FAMILY Haliotidae | | | Haliotis (all species in genus) | abalone | | ORDER Basommatophora | | | FAMILY Lymnaeidae | | | Radix auricularia | snail, European freshwater | | FAMILY Physidae | | | Physa (all species in genus) | snail, freshwater | | FAMILY Planorbidae | | | Helisoma (all species in genus) | snail, ramshorn | | Planorbis (all species in genus) | snail, ramshorn | | ORDER Mesogastropoda | | | FAMILY Littorinidae | | | Littorina palliata | periwinkle; snail, sea | | FAMILY Strombidae | | | Strombus gigas | conch, queen | | FAMILY Viviparidae | | | Cipangopaludina chinensis | snail, Chinese freshwater | | PHYLUM Nemata (=Nematoda) | | | CLASS Secernentea | | | ORDER Rhabditida | | | FAMILY Rhabditidae | | | Caenorhabditis elegans | nematode | | FAMILY Steinernematidae | | | Steinernema carpocapsae | nematode, entomogenous | | PHYLUM Platyhelminthes | | | CLASS Trematoda | | | ORDER Plagiorchiida | | | FAMILY Dicrocoeliidae | | | Dicrococoelium dentriticum | trematode | | CLASS Turbellaria | | | ORDER Tricladida | | | FAMILY Planariidae | | | Planaria | planaria | | PHYLUM Rotifera | | | CLASS Monogononta | | | ORDER Ploima | | | Family Brachionidae | | | Brachionus (all species in genus) | rotifer | | AMPHIBIANS | | | PHYLUM Chordata | | | CLASS Amphibia | | | ORDER Caudata | | | FAMILY Ambystomidae | | | Ambystoma annulatum | salamander, ringed | | Ambystoma maculatum | salamander, spotted | | Ambystoma mexicanum | axolotl | | Ambystoma opacum | salamander, marbled | | Ambystoma talpoideum | salamander, mole | | Ambystoma tigrinum | salamander, tiger | | FAMILY Plethodontidae | | | Plethodon cinereus | salamander, red-backed | | Plethodon dorsalis | salamander, zigzag | | Plethodon dunni | salamander, Dunn's | | Plethodon elongatus | salamander, Del Norte | | Plethodon glutinosus | salamander, slimy | | Plethodon jordani | salamander, Jordan's | | Plethodon vehiculum | salamander, western red-backed | | Pseudotriton montanus | salamander, mud | | Pseudotriton ruber | salamander, red | | FAMILY Salamandridae | | | Cynops pyrrhogaster | newt, Japanese fire-bellied | | Salamandra atra | salamander, Alpine | | Salamandra salamandra | salamander, fire | | Taricha granulosa | newt, rough-skinned | | Taricha rivularis | newt, red-bellied | | Taricha torosa | newt, California | | Triturus alpestris | newt, Alpine | | Triturus cristatus | newt, northern crested | | Triturus helveticus | newt, palmate | | Triturus marmoratus | newt, marbled | | Triturus montandoni | newt, Carpathian | | Triturus vittatus | newt, banded | | Triturus vulgaris | newt, smooth | | ORDER Salientia | | | FAMILY Hylidae | | | Hyla andersoni | treefrog, pine barrens | | Hyla arenicolor | treefrog, canyon | | Hyla avivoca | treefrog, bird-voiced | | Hyla cadaverina | treefrog, California | | Hyla chrysoscelis | treefrog, Cope's gray | | Hyla cinerea | treefrog, green | | Hyla crucifer | treefrog, spring peeper | | Hyla eximia | treefrog, mountain | | Hyla femoralis | treefrog, pine woods | | Hyla gratiosa | treefrog, barking | | Hyla regilla | treefrog, Pacific | | Hyla squirella | treefrog, squirrel | | Hyla versicolor | treefrog, gray | | FAMILY Ranidae | | | Rana aurora | frog | | Rana boylei | frog | | Rana catesbeiana | frog, American bullfrog | | Rana clamitans | frog, American green | | Rana esculenta | frog, edible | | Rana nigromaculatus | frog | | Rana pipiens | frog, leopard | | Rana ridibunda | frog, marsh | | Rana rugosa | frog, wrinkled | | Rana septentrionalis | frog, mink | | Rana sylvatica | frog, wood | | Rana temporaria | frog, Eurasian common | | REPTILES | | | PHYLUM Chordata | | | CLASS Reptilia | | | ORDER Testudines | | | FAMILY Emydidae | | | Chinemys megalocephala | turtle, big headed pond | | Chrysemys (Pseudemys)(all | turtle, painted; sliders | | species in genus except C. | | | alabamensis and C. rubriventris) | | | Clemmys (all species in genus) | turtle, pond | | Cuora yunnanensis | turtle, Asian box | | Deirochelys reticularia | turtle, chicken | | Emydoidea blandingi | turtle, Blanding's | | Emys orbicularis | turtle, European pond | | Graptemys (all species in | turtle, map | | genus except G. oculifera) | | | Mauremys (Clemmys) caspica | turtle, Caspian pond | | Mauremys (Clemmys) japonica | turtle, Japanese pond | | Mauremys (Clemmys) leprosa | turtle, Iberian pond | | Mauremys (Clemmys) mutica | turtle, Taipei pond | | Terrapene (all species in genus | turtle, box | | except T. coahuila) | | | FAMILY Testudinidae | | | Asterochelys (all species in | tortoise | | genus except A. radiata and | | | A. yniphora) | | | Chelonoidis (all species in | tortoise, Galapagos | | genus except C. elephantopus) | | | Chersina angulata | tortoise, bow-sprit | | Geochelone (all species in genus) | tortoise | | Gopherus (Xerobates) (all | tortoise, gopher | | species in genus except | | | G. agassizi, G. flavomarginatus, | | | and G. polyphemus) | | | Homopus areolatus | tortoise, parrot-beaked | | Homopus boulengeri | tortoise, donner-weer | | Homopus femoralis | tortoise, karroo | | Homopus signatus | tortoise, speckled | | Megalochelys (all species in | tortoise | | genus) | | | Psammobates oculifer | tortoise, serrated | | | geometric | | Psammobates tentorius | tortoise, knobby geometric | | Pyxis (Acinixys) planicauda | tortoise, flat-back spider | | Testudo (all species in genus) | tortoise, European | | FISHES | | | PHYLUM Chordata | | | CLASS Osteichthyes | | | ORDER Atheriniformes | | | FAMILY Anablepidae | | | Anableps anableps | four-eyes | | Jenynsia lineata | livebearer, one-sided | | FAMILY Atherinidae | | | Allanetta harringtonensis | silversides, reef | | Atherinosoma wallacei | hardyhead, western | | Bedotia geayi | rainbow, Madagascar | | Craterocephalus cuneiceps | hardyhead, Murchison River | | Craterocephalus dalhousiensis | hardyhead, Dalhousie | | Craterocephalus lacustris | hardyhead, Lake Kutubu | | Craterocephalus majoriae | hardyhead, Marjorie's | | Craterocephalus randi | hardyhead, Kubuna River | | Craterocephalus | hardyhead, fly-specked | | stercusmuscarum | | | Quirichthys stramineus | strawman (blackmast) | | Telmatherina ladigesi | silversides, Celebes | | FAMILY Cyprinodontidae | | | Addamas formosus | panchax, starhead | | Adinia xenica | killifish, diamond | | Aphanius cypris | minnow | | Aphanius dispar | minnow, log-fin Arabian | | Aphanius fasciatus | minnow, banded | | Aphanius iberus | minnow, Spanish | | Aphanius mento | minnow, Persian | | Aphanius sophiae | killifish | | Aphyosemion abacinum | killie | | Aphyosemion ahli | killie, Ahl's lyretail | | Aphyosemion amieti | killie | | Aphyosemion amoenum | killie | | Aphyosemion arnoldi | killie, Arnold's lyretail | | Aphyosemion australe | lyretail | | Aphyosemion batesil | killie | | Aphyosemion bertholdi | killie, Berthold's | | Aphyosemion bivittatum | lyretail | | Aphyosemion bochtleri | killie | | Aphyosemion bualanum | killie, African swamp | | Aphyosemion calliurum | lyretail | | Aphyosemion cameronense | lyretail | | Aphyosemion celliae | killie | | Aphyosemion chaytori | killie, Chaytor's | | Aphyosemion christyi | killie, Christy's lyretail | | Aphyosemion cinnamomeum | killie, cinnamon | | Aphyosemion coeruleum | gularis, blue; lyretail | | Aphyosemion cognatum | killie, red spotted | | Aphyosemion cyanostictum | killifish, blue-spotted | | Aphyosemion elegans | killie | | Aphyosemion exiguum | killie | | Aphyosemion filamentosum | lyretail, Togo | | Aphyosemion fulgens | killie | | Aphyosemion gardneri | lyretail; steel-blue aphyosemion | | Aphyosemion georgiae | killie | | Aphyosemion geryi | killie, Gery's | | Aphyosemion guineense | killie, Guinean | | Aphyosemion gulare | lyretail | | Aphyosemion herzogi | killie | | Aphyosemion joergenscheeli | killie | | Aphyosemion labarrei | killie, Labarre's | | Aphyosemion liberiense | killie, Liberian | | Aphyosemion marmoratum | killifish, marbled | | Aphyosemion melanopteron | killie | | Aphyosemion mirabile-traudeae | killie, azure | | Aphyosemion ndianum | killie, red-tail | | Aphyosemion occidentalis | killie, golden pheasant | | Aphyosemion oeseri | killie | | Aphyosemion petersi | killie, yellow-eyed | | Aphyosemion seymouri | killie, Seymour's | | Aphyosemion sjoestedti | lyretail; blue gularis | | Aphyosemion splendopleuris | lyretail | | Aphyosemion splendum | killie | | Aphyosemion striatum | killie, five-lined | | Aphyosemion walkeri | killie, Walker's | | Aplocheilichthys flavipinnis | lampeye, yellow-finned | | Aplocheilichthys katangae | lampeye, katanga | | Aplocheilichthys loemensis | lampeye, loeme | | Aplocheilichthys macrophthalmus | lampeye, bigeye | | Aplocheilichthys meylburgi | lampeye | | Aplocheilichthys myersi | lampeye, Myer's | | Aplocheilichthys pumilus | lampeye, Tanganyika | | Aplocheilichthys schoelleri | lampeye, Egyptian | | Aplocheilichthys spilauchen | lampeye, banded | | Aplocheilus blocki | panchax, dwarf (green) | | Aplocheilus dayi | panchax, Day's (Singhalese) | | Aplocheilus javanicus | panchax | | Aplocheilus latipes | panchax | | Aplocheilus lineatus | panchax, lineatus (striped) | | Aplocheilus panchax | panchax, blue | | Austrofundulus dolichopterus | killie, sicklefin | | | (saberfin) | | Austrofundulus myersi | killie, Myer's | | Austrofundulus transilis | killifish, Venezuelan | | Chriopeodes pengelleyi | pupfish, Jamaican | | Chriopeops goodei | killifish, bluefin | | Cubanichthys cubensis | minnow, Cuban | | Cynolebias boitonei | lyretail, Brazilian | | Cynolebias adloffi | pearl fish, banded | | Cynolebias alexandri | pearl fish, entrerios | | Cynolebias antenori | pearl fish, red-finned | | Cynolebias bellottii | pearl fish, Argentine | | Cynolebias brucei | gaucho, Turner's | | Cynolebias constanciae | pearlfish, featherfin | | Cynolebias dolichopterus | killie, sicklefin | | Cynolebias ladigesi | gaucho, ladiges | | Cynolebias melanotaenia | gaucho, fighting | | Cynolebias minimus | gaucho, Myer's | | Cynolebias nigripinnis | pearl fish, black-finned | | Cynolebias viarius | pearl fish, blue | | Cynolebias whitei | pearl fish, White's | | Cynolebias wolterstorffi | pearl fish, Wolterstorff's | | Cyprinodon macularis | pupfish, desert | | Cyprinodon nevadensis | pupfish, amargosa | | Epiplatys annulatus | killie, clown | | Epiplatys barmoiensis | panchax | | Epiplatys bifasciatus | panchax | | Epiplatys chaperi chaperi | panchax, Chaper's | | Epiplatys chaperi sheljuzhkoi | panchax, Sheljuzhko's | | Epiplatys chevalieri | panchax, Chevalier's | | Epiplatys dageti | panchax, red-chinned | | Epiplatys dageti monroviae | killie, Arnold's | | Epiplatys fasciatus | epiplatys, banded | | Epiplatys fasciolatus | panchax, striped | | Epiplatys grahami | panchax, Graham's | | Epiplatys huberi | killifish, Huber's | | Epiplatys lamottei | panchax | | Epiplatys longiventralis | panchax, banded | | Epiplatys macrostigma | panchax, spotted | | Epiplatys multifasciatus | panchax | | Epiplatys nigricans | epiplatys, black-edged | | Epiplatys sexfasciatus | panchax, six-banded | | Epiplatys singa | panchax | | Epiplatys spilargyreius | panchax | | Fundulus chrysotus | minnow, golden ear (top) | | Fundulus cingulatus | minnow, banded top | | Fundulus heteroclitus | killie, zebra; mummichog | | Fundulus notatus | killifish, blackstripe | | Fundulus notti | minnow, star-head (masked) | | Garmanella pulchra | pupfish, Yucatan | | Hylopanchax stictopleuron | livebearer | | Hypsopanchax catenatus | livebearer | | Hypsopanchax platysternus | livebearer | | Jordanella floridae | flagfish, American | | Lamprichthys tanganicus | killie, Tanganyika pearl | | Leptolucania ommata | killifish, swamp pygmy | | Lucania goodei | killifish, bluefin | | Nothobranchius (all species | killifish | | in genus) | | | Oryzias celebensis | medaka, Celebes | | Oryzias javanicus | rice fish, Javanese | | Oryzias latipes | medaka | | Pachypanchax homalonotus | panchax, green | | Pachypanchax playfairi | panchax, Playfair's | | Plataplochilus loemensis | livebearer | | Plataplochilus miltotaenia | livebearer | | Plataplochilus ngaensis | livebearer | | Procatopus aberrans | lampeye, green | | Procatopus nototaenia | killie, blue lady | | Pseudoxiphophorus bimaculatus | swordtail, false | | Pterolebias longipinnis | longfin, common | | Pterolebias peruensis | longfin, Peruvian | | Pterolebias wischmann | pterolebias, Wischmann's | | Pterolebias zonatus | killie, lace-fin (banded longfin) | | Rivulus agilae | rivulus, agila | | Rivulus amphoreus | rivulus, guianas | | Rivulus atratus | rivulus, butterfly | | Rivulus beniensis | rivulus, reticulated | | Rivulus compressus | rivulus, blue | | Rivulus cylindraceus | rivulus, Cuban | | Rivulus harti | rivulus, Hart's (giant) | | Rivulus holmiae | rivulus, golden trail | | Rivulus isthmensis | rivulus | | Rivulus limoncochae | rivulus, Rio Napo | | Rivulus magdalenae | rivulus, magdalena | | | (bar-tailed) | | Rivulus milesi | rivulus, yellowtail | | Rivulus ocellatus | rivulus | | Rivulus ornatus | rivulus, red-flecked | | Rivulus peruanus | rivulus, perimparoo | | Rivulus punctatus | rivulus, spotted | | Rivulus roloffi | rivulus, Roloff's | | Rivulus santensis | rivulus, Santos | | Rivulus strigatus | rivulus | | Rivulus urophthalmus | rivulus, golden | | Rivulus xanthonotus | rivulus | | Rivulus xiphidius | rivulus, band-tailed | | Roloffia bertholdi | panchax | | Roloffia chaytori | killie, Chaytor's | | Roloffia geryi | panchax | | Roloffia liberiensis | panchax, blue lyretail | | Roloffia monroviae | panchax | | Roloffia occidentalis | pheasant, golden | | Roloffia petersi | panchax, Peter's | | Roloffia roloffi | panchax | | Roloffia toddi | panchax | | Trigonectes balzanii | rivulichthys | | Trigonectes strigabundus | panchax, Brazilian false | | FAMILY Goodeidae | | | Chapalichthys paradalis | goodeid polka-dot | | Characodon lateralis | goodeid, rainbow | | Goodea atripinnis | goodea, black-fin | | Neotoca bilineata | neotoca, two-lined | | Skiffia bilineata | goodeid | | Xenotoca eiseni | goodeid, red-tailed | | Zoogoneticus quitzeoensis | goodeid, picotee | | FAMILY Hemirhamphidae | | | Dermogenys pusillus | halfbeak, Malayan | | Nomorhamphus celebensis | halfbeak, Celebes | | FAMILY Melanotaeniidae Melanotaeniidae (all species in family) | rainbowfish | | FAMILY Poeciliidae | | | Alfaro cultratus | livebearer, knife | | Brachyrhaphis episcopi | bishop | | Brachyrhaphis terrabensis | livebearer, upland | | Gambusia affinis | mosquito fish | | Gambusia affinis holbrooki | gambusia, Holbrook's | | Gambusia puncticulata | gambusia, blue | | Girardinus metallicus | girardinus, the | | Glaridichthys talcatus | yellow belly | | Heterandria bimaculatus | swordtail, false | | Heterandria formosa | mosquito fish (killifish, least) | | Lebistes reticulata | guppy | | Limia tricolor | limia | | Limia caudofasciata | limia, blue | | Limia negrofasciatus | limia, ornate | | Limia vittata | limia, banded | | Micropoecilia branneri | livebearer, Branner's | | Mollienisia caucana | molly, cauca | | Mollienisia formosa | molly | | Mollienisia latipinna | molly, sailfin | | Mollienisia latipunctata | molly | | Mollienisia sphenops | molly, sphenops | | Mollienisia velifera | molly, Yucatan (sailfish) | | Phallichthys amates | merry widow | | Phallichthys isthmensis | tooth-carp | | Phalloceros caudomaculatus | caudo | | Platypoecilus maculatus | moonfish, platy | | Platypoecilus variatus | variatus | | Poecilia caucana | molly, cauca | | Poecilia caudofasciata | poecilia, blue | | Poecilia heterandria | limia, dwarf | | Poecilia latipinna | molly, sailfin | | Poecilia melanogaster | limia, blue (black-bellied) | | Poecilia mexicana | molly, Mexican shortfin | | Poecilia nigrofasciata | limia, humpbacked | | Poecilia ornata | limia, ornate | | Poecilia parae | livebearer, two-spot | | Poecilia petensis | molly, spiketail | | Poecilia reticulata | guppy | | Poecilia sphenops | molly, sphenops | | Poecilia velifera | molly, Yucatan sailfish | | Poecilia vittata | limia, banded | | Poecilia vivipara | livebearer, one-spot | | Poeciliopsis gracilis | livebearer, porthole | | Poecilistes pleurospilus | livebearer, porthole | | Priapella intermedia | livebearer, blue-eyed | | Quintana atrizona | livebearer, black-bared | | Xiphophorus clemenciae | swordtail, yellow | | Xiphophorus couchianus | platy, Monterey | | Xiphophorus evelynae | platy, puebla | | Xiphophorus helleri | swordtail | | Xiphophorus maculatus | platy, moonfish | | Xiphophorus montezumae | swordtail, Mexican | | Xiphophorus pygmaeus | swordtail, pygmy | | Xiphophorus variatus | platy, sunset (variatus) | | Xiphophorus xiphidium | platy, spiked-tailed | | FAMILY Pseudomugilidae | | | Pseudomugilidae (all species in family) | rainbowfish | | ORDER Beryciformes | | | FAMILY Anomalopidae | | | Anomalopidae (all species in family) | lanterneye fish | | FAMILY Holocentridae | | | Holocentridae (all species in family) | squirrelfish | | FAMILY Monocentrididae | | | Monocentrididae (all species in family) | pinecone fish | | ORDER Clupeiformes | | | FAMILY Clupeidae | | | Harengula clueola | pilchard, flase | | Harengula humeralis | sardine, redear | | FAMILY Engraulididae | | | Anchoa lyolepsis | anchovy, dusky | | ORDER Cypriniformes | | | FAMILY Alestidae | | | Lepidarchus adonis | adonis | | FAMILY Anostomidae | | | Anostomus anostomus | headstander, striped | | Anostomus faciatus | anostomus | | Anostomus garmani | anostomus, gray-lined | | Anostomus gracilis | anostomus, four-spot | | Anostomus plicatus | anostomus, black | | Anostomus proximus | anostomid banded | | Anostomus taeniatus | headstander, lisa | | Anostomus ternetzi | anostomus | | Anostomus trimaculatus | headstander, three-spot | | Leporinus agassizi | leporinus, half-striped | | Leporinus arcus | leporinus, lipstick | | Leporinus fasciatus | leporinus, banded | | Leporinus frederici | leporinus, Frederick's | | Leporinus jamesi | leporinus, James's | | Leporinus maculatus | leporinus, spotted | | Leporinus melanopleura | leporinus, spot-tailed | | Leporinus multifasciatus | leporinus, multi-banded | | Leporinus nigrotaeniata | leporinus | | Leporinus octofasciatus | leporinus, eight-banded | | Leporinus pearsoni | leporinus, Pearson's | | Leporinus pellegrini | leporinus, pellegrini | | Leporinus striatus | leporinus, striped | | Prochilodus insignis | prochilodus | | Prochilodus nigricans | small-mouth, spotted | | Prochilodus ortonianus | prochilodus, gray | | Prochilodus taeniurus | prochilodus, silver | | Prochilodus the raponura | flag tail | | FAMILY Catostomidae | | | Erimyzon sucetta | chubsucker, lake | | Myxocyprinus asiaticus | suckers, Asian | | FAMILY Characidae | | | Acuticurimata macrops | characin, hooked-nosed | | Alestes chaperi | characin, Chaper's | | Alestes longipinnis | tetra, long-finned African | | Alestes nurse | tetra, nurse | | Alestes taeniurus | characin (tetra, African) | | Alestopetersius caudalus | characin, yellow-tailed | | | African | | Anoptichthys jordani | cavefish, blind | | Aphyocharax alburnus | aphyocharax, | | | golden-crowned | | Aphyocharax anisitsi | tetra, bloodfin | | Aphyocharax axelrodi | pristella, red | | Aphyocharax dentatus | bloodfin, false | | Aphyocharax erythrurus | tetra, flame-tail | | Aphyocharax gracilis | tetra | | Aphyocharax megalamphodus | tetra, calypso | | Aphyocharax nattereri | tetra | | Aphyocharax paraguayensis | tetra, Rio Paraguay | | Aphyocharax pusillus | tetra | | Aphyocharax rathbuni | bloodfin, Rathburn's | | Aphyocharax rubripinnis | bloodfin | | Arnoldichthys spilopterus | characin, Arnold's | | | (red-eye) | | Asiphonichthys condei | tetra, glass | | Asiphonichthys unifasciatus | tetra, transparent | | Astyanax bimaculatus | astyanax, two-spotted | | Astyanax daguae | astyanax, plain-tailed | | Astyanax fasciatus | astyanax, banded (tetra) | | Astyanax fasciatus mexicanus | tetra, blind cave | | Astyanax gymnogenys | astyanax, one-spot | | Astyanax kennedyi | astyanax, Kennedy's | | Astyanax mexicanus | astynax | | Astyanax mutator | astynax; punkay | | Astyanax poetzschkei | astynax | | Astyanax ruberrimus | astynax | | Astyanax zonatus | astyanax, false Kennedy | | Axelrodia lindeae | tetra, lindy | | Axelrodia riesei | tetra, ruby | | Bario steindachneri | bario, blotch-tailed | | Bathethiops fowleri | moonfish, African | | Boehlkea fredcochui | tetra, Cochu's blue | | Brycinus chaperi | characin, Chaper's (green) | | Brycinus longipinnis | tetra, long-fin African | | Brycinus nurse | tetra, nurse | | Brycinus taeniurus | tetra, narrow-lined | | | African | | Bryconamericus loisae | piaco peixe | | Bryconops caudomaculatus | tetra, red cross | | Bryconops melanurus | anchovy, jumping | | Chalceus macrolepidotus | chalceus, pink-tailed | | Chalcinus elongatus | hatchetfish, elongated | | Characidium fasciatum | characidium, banded | | Characidium rachovi | characidium | | Charax gibbosus | headstander, glass | | Cheirodon arnoldi | tetra | | Cheirodon axelrodi | tetra, cardinal | | Cheirodon innesi | tetra, neon | | Cheirodon insignis | tetra, insignificant | | Cheirodon kriegi | tetra, three-spot | | Cheirodon leuciscus | tetra | | Cheirodon meinkeni | tetra | | Cheirodon piaba | tetra | | Chilodus punctatus | headstander, spotted | | Coelurichthys microlepis | tetra, croaking | | Coelurichthys tenuis | tetra, tenius | | Colossoma bidens | pacu, red-bellied | | Colossoma brachypomum | pacu, black | | Colossoma oculus | pacu, red-finned | | Copeina arnoldi | tetra, splashing | | Copeina callolepis | copeina, spotted | | Copeina guttata | copeina, red-spotted | | Copella arnoldi | characin, jumping (splash) | | Copella eigenmanni | copella, Eigenmann's | | Copella metae | pyrrhulina, black-banded | | Copella nattereri | copella, spotted | | Copella vilmae | copella, rainbow | | Corynopoma riisei | characin, swordtailed | | Creagrutus beni | tetra, benny | | Creagrutus cochui | tetra, cochui | | Creatochanes caudomaculatus | tetra, tail-spot | | Crenuchus spilurus | tetra, sailfin | | Ctenobrycon spilurus | tetra, silver | | Distichodus affinis | distichodus, silver | | Distichodus altus | moonfish | | Distichodus antonnii | moonfish | | Distichodus fasciolatus | distichodus, shark-tailed | | Distichodus lusosso | distichodus, long-nosed | | Distichodus noboli | distichodus, nobol | | Distichodus notospilus | distichodus red-finned | | Distichodus rostratus | moonfish | | Distichodus sexfasciatus | distichodus, six-barred | | Exodon paradoxus | tetra, bucktooth | | Gephyrocharax atracaudatus | silvertail | | Gephyrocharax caucanus | tetra, arrowhead | | Glandulocauda inequalis | tetra, croaking | | Gymnocorymbus ternetzi | tetra, black | | Gymnocorymbus thayeri | tetra, straight-fin black | | Hasemania marginata | tetra | | Hasemania nana | tetra, silver-tipped | | Hemigrammopetersius caudalis | tetra, yellow-tailed Congo | | Hemigrammopetersius intermedius | tetra, short-finned Congo | | Hemigrammopetersius rhodesiensis | tetra, Rhodesian | | Hemigrammus armstrongi | tetra, gold | | Hemigrammus barrigone | tetra, Henn's meta pink | | Hemigrammus bellottii | tetra, dash-dot | | Hemigrammus boesemani | tetra, Boeseman's | | Hemigrammus caudovittatus | tetra, Buenos Aires | | Hemigrammus coeurleus | tetra, coerulean | | Hemigrammus erythrozonus | tetra, glowlight | | Hemigrammus gracilis | tetra, glowlight | | Hemigrammus hyanuaryi | tetra, January | | Hemigrammus levis | tetra, golden neon | | Hemigrammus marginatus | tetra, bassam | | Hemigrammus mattei | tetra, slender head and | | | tail light | | Hemigrammus nanus | tetra, silver tip | | Hemigrammus ocellifer | tetra, head and tail light | | Hemigrammus proneki | tetra, Pronek's | | Hemigrammus pulcher | tetra, garnet | | Hemigrammus rhodostomus | tetra, rummy nose | | Hemigrammus rodwayi | tetra, gold | | Hemigrammus schmardae | tetra, Schmard | | Hemigrammus stictus | tetra | | Hemigrammus ulreyi | tetra, ulreyi | | Hemigrammus unilineatus | tetra, featherfin | | Hemigrammus vorderwinkleri | tetra, Vorderwinkler's | | Holobrycon pesu | tetra, mourning | | Hyphessobrycon agulha | tetra, red-tail flag | | Hyphessobrycon bellotti | tetra, dash-dot | | Hyphessobrycon bentosi | tetra, rosy | | Hyphessobrycon bifasciatus | tetra, yellow | | Hyphessobrycon callistus | tetra, callistus | | Hyphessobrycon copelandi | tetra, callistus | | Hyphessobrycon eos | tetra, dawn | | Hyphessobrycon erythrostigma | tetra, bleeding heart (Perez) | | Hyphessobrycon flammeus | tetra, flame (red) (rio) | | Hyphessobrycon georgettae | tetra, Georgette's | | Hyphessobrycon griemi | tetra, Griem's | | Hyphessobrycon haraldschultzi | tetra, Harald Schultz's | | Hyphessobrycon herbertaxelrodi | tetra, black neon | | Hyphessobrycon heterorhabdus | tetra, flag; false ulrey | | Hyphessobrycon innesi | tetra, neon | | Hyphessobrycon loretoensis | tetra, loreto | | Hyphessobrycon luetkeni | tetra, Lutken's | | Hyphessobrycon metae | tetra, purple | | Hyphessobrycon minimus | tetra, false gold | | Hyphessobrycon minor | tetra | | Hyphessobrycon ornatus | tetra, ornate | | Hyphessobrycon peruvianus | tetra, loreto | | Hyphessobrycon pulchripinnis | tetra, lemon | | Hyphessobrycon roberti | tetra | | Hyphessobrycon rosaceus | tetra, rosy | | Hyphessobrycon rubrostigma | tetra, bleeding heart | | Hyphessobrycon saizi | tetra, Saiz's | | Hyphessobrycon scholzei | tetra, black-lined | | Hyphessobrycon serpae | tetra, Harald Schultz's | | haraldsschultzi | | | Hyphessobrycon serpae serpae | tetra, serpae | | Hyphessobrycon simulans | neon, Schwartz's | | Hyphessobrycon socolofi | lesser bleeding heart | | Hyphessobrycon stegemanni | tetra, savannah | | Hyphessobrycon takasei | tetra, coffee bean | | Hyphessobrycon vilmae | tetra, vilma's | | Iguanodectes spilurus | tetra, slender | | Iguanodectes tennuis | tetra, slender | | Inpaichthys kerri | blue emperor | | Ladigesia roloffi | tetra, jelly bean | | Megalamphodus "Rubra" | megalamphodus, reed | | Megalamphodus axelrodi | pristella, red | | Megalamphodus axelrodi | tetra, calypso | | Megalamphodus megalopterus | tetra, black phantom | | Megalamphodus sweglesi | tetra, Swegle's | | Metynnis anisurus | silver dollar | | Metynnis argenteus | metynnis, silver | | Metynnis calichromis | silver dollar | | Metynnis dungerni | silver dollar | | Metynnis heinrothi | silver dollar | | Metynnis hypsauchen | metynnis, plain | | Metynnis luna | metynnis, moon | | Metynnis maculatus | metynnis, spotted | | Metynnis schreitmuelleri | silver dollar | | Micralestes acutidens | tetra, sharp-toothed | | Micralestes interruptus | tetra, Congo | | Microbrycon fredcochui | tetra, Cochu's blue | | Mimagoniates inequalis | tetra, croaking | | Mimagoniates microlepis | tetra, blue | | Moenkhausia agnesea | tetra, Agnes | | Moenkhausia colletti | tetra | | Moenkhausia dichroura | moenkhausia, spot-tailed | | Moenkhausia goergiae | tetra | | Moenkhausia gracilima | moenkhausia, graceful | | Moenkhausia intermedia | tetra | | Moenkhausia lepidura | tetra | | Moenkhausia oligolepis | tetra, glass | | Moenkhausia pittieri | tetra, diamond | | Moenkhausia robertsi | tetra | | Moenkhausia sanctaefilomenae | moenkhausia, yellow banded | | Moenkhausia takasae | tetra | | Myleus micans | dollar, golden | | Myleus pacu | myleus, brown | | Myleus rubripinnis | myleus, redhook | | Myleus schomburgki | myleus, black-barred | | Myleus ternetzi | myleus | | Myloplus asterias | myloplus, starry | | Myloplus schultzei | myloplus, Schultz's | | Mylossoma aganthogaster | mylossoma | | Mylossoma argenteum | mylossoma, silver | | Mylossoma aureum | silver dollar | | Mylossoma diriventre | characin, hard-bellied | | Nannaethiops tritaeniatus | tetra, three-lined African | | Nannaethiops unitaeniatus | tetra, African | | Nematobrycon amphiloxus | tetra, rainbow | | Nematobrycon gery | tetra | | Nematobrycon lacortei | tetra, rainbow | | Nematobrycon palmeri | tetra, emperor | | Paracheirodon innesi | tetra, neon | | Paracheirodon simulans | tetra, false neon | | Paradon affinis | tetra, Paraguay darter | | Paradon caliensis | tetra, barred darter | | Paradon piracicabae | tetra, Brazilian darter | | Paradon pongoense | pongo pongo | | Pedalibrycon felipponei | characin, Uruguay | | Petersius caudalis | characin, yellow Congo | | Petitella georgiae | nose, false rummy | | Phenacogaster bectinatus | pectinatus | | Phenacogaster pectinatus | tetra, glass | | Phenacogrammus aurantiacus | tetra, gold Congo | | Phenacogrammus caudomaculatus | tetra, African moon | | Phenacogrammus deheyni | tetra, Deheyni's Congo | | Phenacogrammus interruptus | tetra, Congo | | Phoxinopsis typicus | tetra | | Piabucas dentatus | tetra, golden-striped | | | slender | | Poptella orbicularis | tetra, disk | | Prionobrama filigera | bloodfin, glass | | Prionobrama paraguayensis | bloodfin, southern | | Pristella maxillaris | pristella | | Pristella riddlei | pristella (goldfinch, | | | water) | | Pseudochalceus kyburzi | tetra, kyburz | | Pseudocorynopoma doriae | tetra, dragonfin | | Pseudocorynopoma riisei | characin, swordtail | | Pyrrhulina beni | pyrrhulina | | Pyrrhulina brevis | pyrrhulina, short-lined | | Pyrrhulina filamentosa | pyrrhulina | | Pyrrhulina laeta | pyrrhulina | | Pyrrhulina natteri | pyrrhulina, Natter's | | Pyrrhulina nigrofasciata | pyrrhulina, black-banded | | Pyrrhulina rachoviana | pyrrhulina, Rachow's | | Pyrrhulina spilota | pyrrhulina, blotched | | Pyrrhulina vittata | pyrrhulina, banded | | Rachoviscus crassiceps | tetra, golden | | Roeboides guatemalensis | headstander, Guatemalan | | Stethaprion erythrops | silver dollar, bumpy-back | | Stethaprion innesi | characin | | Stevardia riisei | characin, swordtail | | Stichonodon insignis | tefe gymnocorymbus | | Tetragonopterus argenteus | tetra, silver | | Tetragonopterus chalceus | tetra, false silver | | Thayeria boehlkei | penguin, Bohlke's | | Thayeria ifati | penguin | | Thayeria obliqua | penguin, short-striped | | Thayeria sanctae-marieae | tetra, penguin | | Triportheus angulatus | hatchetfish, narrow | | Tyttocharax madeirae | tetra, bristle mouthed | | FAMILY Citharinidae | | | Neolebias ansorgei | neolebias, Ansorge's | | Neolebias landgrafi | neolebias, blue-banded | | Neolebias trewavasae | neolebias, Trewavas's | | Neolebias trilineatus | neolebias, three-lines | | Neolebias unifasciatus | tetra, one-lined African | | FAMILY Cobitididae | | | Acanthophthalmus cuneovirgatus | loach | | Acanthophthalmus javanicus | loach, Javanese | | Acanthophthalmus kuhli | loach, codie; eel, | | | leopard | | Acanthophthalmus myersi | loach, slimy | | Acanthophthalmus robiginosus | loach | | Acanthophthalmus semicinctus | loach, half-banded | | Acanthophthalmus shelfordi | loach, Shelford's | | Acanthopsis choirorhynchus | loach, longnose | | Botia beauforti | loach, Beaufort's | | Botia berdmorei | loach, Berdmore's | | Botia dario | loach, dario | | Botia horae | loach, Hora's | | Botia hymenophysa | loach, banded | | Botia lecontei | loach, Leconte's | | Botia lohachata | loach, Pakistani | | Botia lucas-bahi | loach, barred | | Botia macracantha | loach, clown | | Botia modesta | loach, orange-fin | | Botia morletii | loach | | Botia sidthimunki | loach, dwarf | | Botia striata | loach, cross-banded | | | (zebra) | | Cobitis taenia | weatherfish, spined loach | | Lepidocephalus guntea | loach, barbeled | | Lepidocephalus thermalis | loach, lesser | | Misgurnus anguillicaudatus | weatherfish | | Neomacheilus botia | plecostomus, Hong Kong | | Neomacheilus fasciatus | loach, barred | | Neomacheilus notostigma | loach, fighting | | Noemacheilus kuiperi | loach, fighting | | FAMILY Curimatidae | | | Curimata lineopunctata | curimata, spotted | | Curimata microcephala | curimata | | Curimata spilura | curimata, diamond-spot | | Semaprochilodus squamilentus | prochilodus, sailfinned | | Semaprochilodus taeniurus | prochilodus, silver | | Semaprochilodus theraponura | prochilodus, flag-tailed | | FAMILY Cyprinidae | | | Abramis brama | bream | | Alburnoides bipunctatus | tailor | | Aphyocypris pooni | fish, venus | | Balantiocheilos melanopterus | shark, bala | | Barbichthys laevis | barb, sucker | | Barbodes binotatus | barb, spotted | | Barbodes callipterus | barb, clipper | | Barbodes camptacanthus | barb, African red-finned | | Barbodes daruphani | barb, pale | | Barbodes dorsimaculatus | barb, black-line | | Barbodes dunckeri | barb, big-spot (Duncker's) | | Barbodes eutaenia | barb, African red-fin | | Barbodes everetti | barb, clown | | Barbodes fasciatus | barb, striped | | Barbodes fasciolatus | barb, African banded | | Barbodes hexazona | barb, belted (six-banded) | | Barbodes holotaenia | barb, spot-scale | | Barbodes kerstenii | barb, Kersten's | | Barbodes lateristriga | barb, t-barb (spanner) | | Barbodes pentazona | barb, banded (five-banded) | | Barbodes pinnauratus | barb, gold-finned | | Barbodes schwanenfeldi | barb, tinfoil | | Barbodes unitaeniatus | barb, Indian strip | | Barbodes usambarae | barb, peppered | | Barbodes viviparus | barb, viviparous | | Barbus arulius | barb, longfin | | Barbus bariloides | minnow, orange-fin | | Barbus binotatus | barb, spotted | | Barbus chola | barb, swamp | | Barbus conchonius | barb, rose | | Barbus cummingi | barb, Cumming's | | Barbus dunckeri | barb, Duncker's | | Barbus everetti | barb, clown | | Barbus fasciatus | barb, stripped | | Barbus filamentosus | barb, filament | | Barbus gelius | barb, golden dwarf | | Barbus holotaenia | barb, African spot-scale | | Barbus hulstaerti | barb, butterfly | | Barbus hulsteri | barb | | Barbus jae | barb | | Barbus lateristriga | barb, spanner spanner | | Barbus lineatus | barb, striped | | Barbus multilineatus | barb, African red-finned | | Barbus nigrofaciatus | barb, black-ruby | | Barbus oligolepsis | barb, checker | | Barbus partipentazona | barb | | Barbus pentazona | barb, five-banded (tiger) | | Barbus phutunio | barb, dwarf | | Barbus schuberti | barb, golden (Schubert's) | | Barbus semifasciolatus | barb, half-striped | | Barbus stigma | barb | | Barbus stoliczkanus | barb, Stoliczka's | | Barbus terio | barb, one-spot | | Barbus tetrazona | barb, tiger | | Barbus ticto | barb, ticto | | Barbus titteya | barb, cherry | | Barbus vittatus | barb, banded | | Barilius christyi | minnow, copper-nose | | Brachydanio albolineatus | danio, pearl | | Brachydanio frankei | danio, leopard | | Brachydanio kerri | danio, Kerr's | | Brachydanio nigrofasciatus | danio, spotted | | Brachydanio rerio | danio, zebra striped | | Calcobarbus geertsi | geertsi, blind African | | Capoeta arulius | barb, longfin | | Capoeta binotatus | barb, false two-spot | | Capoeta chola | barb, swamp | | Capoeta hulstaerti | barb, butterfly | | Capoeta melanampyx | barb, ember | | Capoeta oligolepis | barb, checker | | Capoeta partipentazona | barb, banded | | Capoeta puckelli | barb, two-spot African | | Capoeta semifasciolatus | barb, half-striped | | Capoeta tetrazona | barb, Sumatra tiger | | Capoeta titteya | barb, cherry | | Carassius auratus | barb, goldfish | | Carassius auratus gibelio | carp, gibel (koi) | | Carassius carassius | carp, crucian (koi) | | Chela laubuca | barb, Indian glass | | Crossocheilus oblongus | flying fox, short-nosed | | Cyclocheilichthys apogon | barb, skin-head | | Cyprinus carpio | carp; koi | | Danio aequipinnatus | danio, giant | | Danio devario | danio, bengal | | Danio malabaricus | danio, giant | | Eirmotus octozona | barb, false | | Epalzeorhynchus kalopterus | flying fox | | Epalzeorhynchus siamensis | flying fox, Siamese | | Esomus danricus | barb, flying | | Esomus malayensis | barb, Malayan flying | | Garra taeniata | stone-lapping fish, | | | Siamese | | Gyrinocheilus aymonieri | algae eater, Chinese | | Hampla macrolepidota | barb, silver and red | | Hemigrammocypris lini | minnow, garnet | | Horadandia atukorali | minnow, midget | | | green cardlet | | Labeo bicolor | shark, red-tailed | | Labeo chrysphekadeon | shark, black | | Labeo cylindricus | shark, cylindricus | | Labeo erythrurus | shark, rainbow | | Labeo forskalii | shark, plain | | Labeo frenatus | shark, rainbow | | Labeo munensis | shark | | Labeo rubropunctatus | shark, red-spotted | | Labeo variegatus | shark, harlequin | | | (variegated) | | Labiobarbus burmanicus | shark, long-finned | | Labiobarbus festiva | apollo shark, festive | | Labiobarbus festivus | barb, signal | | Laubuca laubuca | hatchetfish, Indian | | Laubuca dadiburjori | dadio; orange chela | | Leuciscus idus | ide | | Luciosoma bleekeri | apollo shark, Bleeker's | | Luciosoma setigerum | apollo shark, long-finned | | Luciosoma spilopleura | apollo shark | | Morulius chrysophekadion | shark, black | | Notropis atherinoides | shiner, emerald | | Notropis cornutus | shiner, common | | Notropis hypselopterus | shiner, sailfin | | Notropis lutrensis | minnow, red horse; shiner, | | | red | | Notropis welaka | shiner, bluenose | | Osteochilus hasselti | barb, hard-lipped | | Osteochilus vittatus | osteochilus, black-banded | | Oxygaster anomalura | barb, knife | | Oxygaster oxygastroides | barb, knife (glass) | | Paracrossocheilus vittatus | flying fox, dusky | | Puntioplites proctotozysron | barb, yellow-cheeked | | Puntius amphibius | barb, big-scale | | Puntius conchonius | barb, rosy | | Puntius dorsalis | barb, wedge | | Puntius filamentosus | barb, black-spot | | Puntius gelius | barb, dwarf | | Puntius lineatus | barb, striped | | Puntius narayani | barb, Shri Lankan two-spot | | Puntius nigrofasciatus | barb, black ruby | | Puntius pleurotaenia | barb, triple-stripe | | Puntius sachsi | barb, golden | | Puntius schuberti | barb, golden | | Puntius somphongsi | barb, Somphong's | | Puntius stigma | barb, two-spot | | Puntius stoliczkai | barb, Stoliczka's | | Puntius ticto | barb, tic-tac-toe | | Puntius vittatus | barb, banded | | Puntius woehlerti | barb, sickle | | Rasbora agilis | rasbora, black-striped | | Rasbora argyrotaenia | rasbora, silver | | Rasbora bankanensis | rasbora, banka | | Rasbora borapetensis | rasbora, red-tailed | | Rasbora caudimaculata | rasbora, greater | | | scissortail | | Rasbora cephalotaenia | rasbora, portfole | | Rasbora daniconius | rasbora, golden-stripe | | Rasbora dorsiocellata | rasbora, hi-spot | | Rasbora dusonensis | rasbora, yellowtail | | Rasbora einthoveni | rasbora, brilliant | | Rasbora elegans | rasbora, elegant; rasbora, | | Rasbora hengelii | two-spot | | Rasbora heteromorpha | rasbora, harlequin | | Rasbora kalochroma | rasbora, big-spot | | Rasbora lateristrata elegans | rasbora | | Rasbora lateristrata | rasbora, lateristrata | | Rasbora leptosoma | rasbora, copper-striped | | Rasbora maculata | rasbora, spotted (dwarf) | | Rasbora meinkeni | rasbora, Meinken's | | Rasbora myersi | rasbora, Myer's | | Rasbora pauciperforata | rasbora, red-line | | Rasbora sarawakensis | rasbora, Sarawak | | Rasbora somphongsi | rasbora, Somphong's | | Rasbora steineri | rasbora, Chinese | | Rasbora sumatrana | rasbora, Sumatran | | Rasbora taeniata | rasbora, black-stripped | | Rasbora tornieri | rasbora, yellow-tailed | | Rasbora trilineata | rasbora, scissortail | | | (three-line) | | Rasbora urophthalma | rasbora, ocellated dwarf | | Rasbora vaterifloris | barb, Singhalese fire | | Rasborichthys altior | rasbora, green false | | Rhodeus sericeus | bitterling | | Rohtee alfrediana | minnow, copper | | Tanichthys albonubes | minnow, white cloud | | | mountain | | Triportheus angulatus | hatchetfish, narrow | | Triportheus elongatus | hatchetfish, elongated | | FAMILY Gasteropelecidae | | | Carnegiella marthae | hatchetfish, black-winged | | Carnegiella myersi | hatchetfish, Myer's | | Carnegiella strigata fasciata | hatchetfish, marbled | | Carnegiella strigata strigata | hatchetfish, marbled | | Gasteropelecus levis | hatchetfish | | Gasteropelecus maculatus | hatchetfish, spotted | | Gasteropelecus sternicla | hatchetfish, silver | | Thoracocharax securis | hatchetfish, long fin | | Thoracocharax stellatus | hatchetfish, silver | | FAMILY Gymnotidae | | | Apteronotus albifrons | black ghost | | Apteronotus leptorhynchus | ghost, long-nosed black | | | (brown) | | Distocyclus conirostris | knifefish, yellow | | Eigenmannia virescens | knifefish, green | | Gymnorhamphichthys hypostomus | knifefish, long-nosed | | Gymnorhamphichthys rondoni | knifefish, mousetail | | Gymnotus anguillaris | knifefish, stripped | | Gymnotus carapo | knifefish, banded | | Hypopomus artedi | knifefish, spotted | | Rhabdolichops troscheli | knifefish short-headed | | Rhamphichthys rostratus | knifefish, trumpet | | Steatogenys elegans | knifefish, mottled | | Sternarchorhamphus muelleri | knifefish, Mueller's | | Sternarchus albifrons | black ghost | | Sternarchus hasemani | knifefish, short-nose | | Sternopygus macrurus | knifefish, variable ghost | | Uramara rondoni | knifefish, mousetail | | FAMILY Hemiodidae | | | Hemiodopsis goeldii | hemiodus, Goeldi's | | Hemiodopsis gracilis | hemiodus, slender | | Hemiodopsis parnaguae | hemiodus, one-spot | | Hemiodopsis quadrimaculatus | hemiodus, bared | | Hemiodopsis semitaeniatus | hemiodus black and white | | | tailed | | Hemiodopsis sterni | hemiodus, Stern's | | Hemiodus gracilis | hemiodus, red tail | | Hemiodus quadrimaculatus | hemiodus, banded | | vorderwinkler | | | Hemiodus semitaeniatus | hemiodus | | FAMILY Homalopteridae | | | Homaloptera orthogoniata | loach, saddlespot | | Pseudogastromyzon myersi | plecostomus, Hong Kong | | FAMILY Lebiasinidae | | | Nannobrycon eques | pencilfish | | Nannobrycon unifasciatus | penguin | | Nannostomus anomalus | pencilfish | | Nannostomus aripirangensis | pencilfish, aripiranga | | Nannostomus beckfordi | pencilfish, Beckford's | | Nannostomus bifasciatus | pencilfish, two-striped | | Nannostomus eques | pencilfish, brown-tailed | | Nannostomus espei | pencilfish, barred | | Nannostomus harrisoni | pencilfish, Harrison's | | Nannostomus marginatus | pencilfish, dwarf | | Nannostomus trifasciatus | pencilfish, three-lined | | Nannostomus unifasciatus | pencilfish, one-lined | | Poecilobrycon auratus | pencilfish | | Poecilobrycon digrammus | pencilfish, two-striped | | Poecilobrycon eques | pencilfish, tube-mouthed | | Poecilobrycon harrison | pencilfish, Harrison's | | Poecilobrycon unifasciatus | pencilfish, one-lined | | FAMILY Lepidogalaxiidae | | | Lepidoglaxias salamandroides | mud minnow, salamander | | ORDER Dactylopteriformes | | | FAMILY Dactylopteridae | | | Dactylopteridae (all species in family) | gurnard, flying | | ORDER Elopiformes | | | FAMILY Albulidae | | | Albulidae (all species in family) | bonefish | | FAMILY Elopidae | | | Elopidae (all species in family) | ladyfish | | ORDER Gadiformes | | | FAMILY Bythitidae | | | Bythitidae (all species in family) | brotulid | | FAMILY Carapodidae | | | Carapodidae (all species in family) | pearl fish | | ORDER Gasterosteiformes | | | FAMILY Aulostomidae | | | Aulostomidae (all species in family) | trumpetfish | | FAMILY Centriscidae | | | Centriscidae (all species in family) | shrimpfish | | FAMILY Fistulariidae | | | Fistulariidae (all species in family) | cornetfish | | FAMILY Gasterosteidae | | | Apeltes quadracus | stickleback, four-spined | | Culaea inconstans | stickleback, five-spined (brook) | | Gasterosteus aculeatus | stickleback, three-spined | | FAMILY Indostomidae | | | Indostomus paradoxus | paradox fish | | FAMILY Syngnathidae | | | Syngnathidae (all species in family) | pipefish | | ORDER Gobiesociformes | | | FAMILY Callionymidae | | | Callionymidae (all species in family) | dragonet | | FAMILY Gobiesocidae | | | Gobiesocidae (all species in family) | clingfish | | ORDER Lophiiformes | | | FAMILY Antennariidae | | | Antennariidae (all species in family) | anglerfish | | FAMILY Ogcocephalidae | | | Ogcocephalidae (all species in family) | batfish | | ORDER Mormyriformes | | | FAMILY Gymnarchidae | | | Gymnarchus niloticus | aba aba; Nile fish | | FAMILY Mormyridae | | | Brienomyrus brachistius | whale, white-faced | | Campylomormyrus cassaicus | whale, donkey-faced | | Campylomormyrus rhychophorus | down-polker | | Campylomormyrus tamandua | mormyrid, worm-jawed | | Cyprinoides dicorhynchus | mormyrid | | Genyomrus donnyi | mormyrid | | Gnathonemus abadii | elephantnose | | Gnathonemus cyprinoides | elephantnose | | Gnathonemus deboensis | elephantnose | | Gnathonemus elephas | black elephant | | Gnathonemus leopoldianus | elephantnose | | Gnathonemus macrolepidotus | mormyrid, scaly | | Gnathonemus moori | elephant fish, roundnosed | | Gnathonemus niger | elephantnose | | Gnathonemus numenius | elephantnose | | Gnathonemus petersi | elephantnose, Peter's | | Gnathonemus senegalensis | elephantnose | | Gnathonemus shilthuisiae | elephantnose | | Gnathonemus stanleyanus | elephantnose | | Gnathonemus tamandua | mormyrid, the worm-jawed | | Gnathonemus victoriae | elephant fish | | Hippopotamyrus discorhynchus | mormyrid, scaly | | Hyperopius bebe | mormyrid | | Isichtys henri | mormyrid | | Marcucenius ansorgii | elephantnose | | Marcucenius brachistius | elephantnose | | Marcucenius castelnaui | elephantnose | | Marcucenius harringtoni | elephantnose | | Marcucenius ihuysi | elephantnose | | Marcucenius isidori | elephantnose | | Marcucenius longianalis | elephantnose | | Marcucenius macrolepidotus | elephantnose | | Marcucenius petricolas | elephantnose | | Marcucenius plagiostoma | elephantnose | | Marcucenius psittacus | elephantnose | | Mormyrops caballus | mormyrid | | Mormyrops engystoma | mormyrid, torpedo | | Mormyrops nigricans | mormyrid | | Mormyrops oudoti | mormyrid | | Mormyrus cashive | mormyrid | | Mormyrus ellenbergei | mormyrid | | Mormyrus hasselquisti | mormyrid | | Mormyrus kannume | mormyrid | | Mormyrus lacerda | mormyrid | | Mormyrus longirostris | whale, short-nose; dolphin | | | fish | | Mormyrus macrodon | mormyrid | | Mormyrus niloticus | elephantnose | | Mormyrus oris | mormyrid | | Mormyrus rume | mormyrid | | Mormyrus thomasai | elephantnose | | Petrocephalus bane | whale | | Petrocephalus bovei | whale, gray | | Petrocephalus catostoma | whale, African | | Petrocephalus sauvagei | whale | | Petrocephalus simus | whale, dorsal band | | Pollimyrus angolensis | whale, bottle-nose | | Pollimyrus cattelnaui | whale, baby; whale, silver | | Pollimyrus nigripinis | whale, dusky | | Stomatochinus corneti | mormyrid | | ORDER Osteoglossiformes | | | FAMILY Notopteridae | | | Notopterus afer | featherfin, African flag | | Notopterus chitala | featherback, clown | | Notopterus notopterus | featherback, Malayan | | | (Sumatra) | | Papyrocranus afer | featherfin, African flag | | Xenomystus nigri | featherback, African | | FAMILY Osteoglossidae | | | Clupisudis niloticus | heterotis | | Osteoglossum bicirrhosum | arowana | | Osteoglossum ferreirai | arowana, black | | Scleropages jardini | Saratoga, gulf (northern) | | Scleropages leichardti | Saratoga; baramundi, | | | spotted | | FAMILY Pantodontidae | | | Pantodon buchholzi | butterflyfish | | ORDER Perciformes | | | FAMILY Acanthuridae | | | Acanthuridae (all species in family) | surgeonfish | | FAMILY Anabantidae | | | Anabas testudineus | perch, climbing | | Ctenopoma acutirostre | perch, spotted climbing | | Ctenopoma ansorgei | ctenopoma, ornate | | Ctenopoma congicum | ctenopoma, Congo | | Ctenopoma fasciolatum | ctenopoma, banded | | Ctenopoma kingsleyi | ctenopoma, Kingsley's | | Ctenopoma nanum | perch, dwarf climbing | | Ctenopoma ocellatum | bushfish, chocolate | | Ctenopoma oxyrhynchus | ctenopoma, mottled | | FAMILY Anarhichadidae | | | Anarhichas lupus | wolffish, atlantic | | FAMILY Apocrypteidae | | | Parapocryptes serperaster | mudskipper, slim | | FAMILY Apogonidae | | | Apogonidae (all species in family) | cardinalfish | | FAMILY Belontiidae | | | Belontia hasselti | combtail, Java | | Belontia signata | combtail | | Betta bellica | betta, slender | | Betta brederi | betta, Breder's | | Betta coccina | fighting fish, red | | Betta fisciata | fighting fish, stripe | | Betta imbellis | betta, peaceful (crescent) | | Betta macrostoma | brunei beauty | | Betta pugnax | betta, mouth brooding | | Betta smaragdina | betta, peaceful | | Betta splendens | fighting fish, Siamese | | Colisa chuna | gourami, honey | | Colisa fasciata | gourami, giant | | Colisa labiosa | gourami, thick-lipped | | Colisa lalia | gourami, dwarf | | Macropodus chinensis | paradise fish, round-tail | | Macropodus concolor | paradise fish, black | | Macropodus cupanus cupanus | paradise fish, spike-tail | | Macropodus cupanus dayi | paradise fish, Day's | | Macropodus opercularis | paradise fish | | Malpulutta kretseri | malpulatta | | Parosphromenus dreissneri | gourami, licorice | | Parosphromenus filimentosus | gourami, spike tailed | | | licorice | | Pseudosphromenus cupans | paradise fish, spike-tailed | | Sphaerichthys osphromenoides | gourami, chocolate | | Trichogaster leeri | gourami, pearl | | Trichogaster microlepis | gourami, moonbeam | | Trichogaster pectoralis | gourami, snakeskin | | Trichogaster trichopterus | gourami, three-spot (blue) | | Trichopsis pumilus | gourami, pygmy | | Trichopsis schalleri | gourami, three-stripe | | | croaking | | Trichopsis vittatus | gourami, croaking | | FAMILY Blenniidae | | | Blenniidae (all species in family) | blenny | | FAMILY Caesionidae | | | Caesio pulcherrimus | caesio fish | | FAMILY Carangidae | | | Carangidae (all species in family) | jack | | FAMILY Centrarchidae | | | Centrarchus macropterus | flier; bass, peacock-eyed | | Elassoma evergladei | sunfish, everglades pygmy | | Elassoma zonatum | sunfish, banded dwarf | | Enneacanthus chaetodon | sunfish, black-banded | | Enneacanthus gloriosus | sunfish, bluespotted | | Enneacanthus obesus | sunfish, banded | | Lepomis gibbosus | sunfish, pumpkinseed | | Lepomis gulosus | warmouth | | Lepomis humilis | sunfish, orangespotted | | Lepomis macrochirus | bluegill | | Lepomis megalotis | sunfish, longeared | | Mesogonistius chaetodon | sunfish, blackbanded | | FAMILY Centropomidae | | | Ambassis agrammus | perchlet, sailfin | | Ambassis agrammus agassiz | glassfish, olive | | Ambassis ambassis | perch, African glass | | Ambassis buruensis | glassfish, buru | | Ambassis commersoni | glassfish, Commerson's | | Ambassis elongatus | glassfish, yellowfin | | Ambassis lala | glassfish | | Ambassis macleayi | glassfish, reticulated | | Ambassis marianus | glassfish, Mary River | | Ambassis miops | glassfish, flag-tailed | | Ambassis reticulata | perchlet, reticulated | | Ambassis interruptus | glassfish, long-spined | | Centropomus undecimalis | snook | | Chanda ambassis | perch, African glass | | Chanda baculis | glassfish, Burmese | | Chanda buruensis | glassfish, Siamese | | Chanda lala | glassfish, Indian | | Chanda ranga | glassfish, glass perch | | Chanda wolfei | glassfish | | FAMILY Cepolidae | | | Acanthocepola indica | bandfish, Philippine | | Acanthocepola limbata | bandfish, spotfin | | Cepola australis | bandfish, Australian | | FAMILY Chaenopsidae | | | Chaenopsidae (all species in family) | pikeblenny | | FAMILY Chaetodontidae | | | Chaetodontidae (all species in family) | butterflyfish | | FAMILY Cheilodactylidae | | | Cheilodactylidae (all species in family) | morwong | | FAMILY Cichlidae | | | Acarichthys heckelii | cichlid, elusive | | Acarichthys thayeri | cichlid | | Acaronia nassa | cichlid, big-eyed | | Acaronia trimaculata | cichlid | | Aequidens awani | cichlid, golden | | Aequidens bimaculatum | cichlid | | Aequidens coeruleopunctatus | cichlid, blue-point flag | | Aequidens duopunctata | cichlid | | Aequidens freniferus | cichlid | | Aequidens geayi | cichlid | | Aequidens guianensis | cichlid | | Aequidens hercules | cichlid, hercules | | Aequidens itanyi | cichlid, dolphin | | Aequidens latifrons | acara, blue | | Aequidens mariae | cichlid, Maria's | | Aequidens maroni | cichlid, keyhole | | Aequidens metae | cichlid | | Aequidens parahuayensis | cichlid | | Aequidens portalegrensis | acara, port (black) | | Aequidens pulcher | acara, blue | | Aequidens rivulatus | green terror | | Aequidens sapayensis | cichlid | | Aequidens subocularis | cichlid | | Aequidens syspilus | cichlid | | Aequidens tetramerus | cichlid, blue flag | | Aequidens vittata | cichlid | | Aequidens zamorensus | cichlid | | Apistogramma (all species in genus) | cichlid, dwarf | | Astatoreochromis straeleni | cichlid, yellow-bellied | | Astatotilapia bloyeti | mouthbrooder, Bloyet's | | Astronotus ocellatus | cichlid, peacock oscar (velvet) | | Aulonocara jacobfreibergi | cichlid, African | | Aulonocara nyassae | cichlid, African peacock | | Benthochromis tricoti | featherfin, giant | | Bioteocus opercularis | cichlid, green dwarf | | Biotodoma cupido | cichlid, cupid | | Callochromis macrops melanostigma | cichlid | | Callochromis pleurospilus | cichlid, pastel | | Chaetobranchus bitaeniatus | cichlid, two-striped | | Chaetobranchus flavescens | cichlid, red-eye | | Chalinochromis brichardi | cichlid, lyretail | | | (Brichard's) | | Chromidotilapia guentheri | mouthbrooder, Gunther's | | Cichla ocellaris | cichlid, eye-spot; | | | tuconary | | Cichla temensis | cichlid, spot-line peacock | | Cichlasoma adspersum | cichlid | | Cichlasoma alfari | cichlid, pastel | | Cichlasoma arnoldi | cichlid | | Cichlasoma atromaculatum | cichlid, three-spot | | Cichlasoma aureum | cichlid, golden | | Cichlasoma autochthom | cichlid | | Cichlasoma axelrodi | chuco, black | | Cichlasoma bartoni | cichlid, Barton's | | Cichlasoma beani | cichlid | | Cichlasoma bifasciatum | cichlid, red-spotted | | Cichlasoma bimaculatum | cichlid, two-spot | | Cichlasoma biocellatum | Jack Dempsey | | Cichlasoma carpinte | cichlid, pearlscale | | Cichlasoma centrarchus | cichlid, flier | | Cichlasoma citrinellum | cichlid, midas | | Cichlasoma coryphaenoides | cichlid, chocolate | | Cichlasoma crassa | cichlid | | Cichlasoma cutteri | cichlid, Cutter's | | Cichlasoma cyanoguttatum | cichlid, Texas | | Cichlasoma dovii | cichlid, Dow's | | Cichlasoma erythraeum | devil, red | | Cichlasoma facetum | chanchito | | Cichlasoma fenestratum | cichlid | | Cichlasoma festae | cichlid, Festa's | | Cichlasoma festivum | cichlid, flag | | Cichlasoma friedrichsthali | cichlid, Friedrichsthal's | | Cichlasoma grammodes | cichlid, many-pointed | | Cichlasoma guttulatum | cichlid, gold-cheeked | | Cichlasoma haitiensis | cichlid | | Cichlasoma hartwegi | cichlid, Hartweg's | | Cichlasoma hellabrunni | cichlid | | Cichlasoma intermedium | cichlid, Jordan's | | Cichlasoma kraussi | cichlid, sharpheaded | | Cichlasoma labiatum | cichlid, red devil | | Cichlasoma labridens | cichlid, curve-bar | | Cichlasoma longimanus | cichlid, longfin | | Cichlasoma macracanthus | cichlid, high-spine | | Cichlasoma maculicauda | cichlid, blackbelt | | Cichlasoma managuense | managuense | | Cichlasoma meeki | firemouth | | Cichlasoma melanurum | cichlid | | Cichlasoma minkleyi | cichlid, Minkley's | | Cichlasoma motaguense | motaguense | | Cichlasoma nicaraguense | spilotum | | Cichlasoma nigrofasciatum | cichlid, convict | | Cichlasoma octofasciatum | Jack Dempsey | | Cichlasoma ornatum | cichlid | | Cichlasoma panamense | cichlid | | Cichlasoma popenoi | cichlid | | Cichlasoma psitticum | cichlid, parrot | | Cichlasoma ramsdeni | cichlid | | Cichlasoma robertsoni | cichlid, Robertson's | | Cichlasoma rostratum | cichlid | | Cichlasoma sajica | cichlid, t-bar; sajica | | Cichlasoma salvini | cichlid, Salvin's | | | yellow-belly | | Cichlasoma severum | severum | | Cichlasoma sexfaciatum | cichlid | | Cichlasoma sieboldi | cichlid | | Cichlasoma spectabile | cichlid | | Cichlasoma spilotum | cichlid | | Cichlasoma spilurum | cichlid, blue-eye | | Cichlasoma spinosissimum | cichlid | | Cichlasoma temporale | cichlid | | Cichlasoma terrabae | cichlid | | Cichlasoma tetracanthus | cichlid, Cuban | | Cichlasoma trimaculatum | cichlid, three-spot | | Cichlasoma tuba | cichlid | | Cichlasoma umbriferum | umbriferum | | Cichlasoma urophthalmus | cichlid, eight-barred | | Cichlasoma zonatum | cichlid | | Corematodus shiranus | cichlid | | Crenicara (all species in genus) | cichlid, checkered | | Cyathochromis obliquidens | cichlid | | Cyathopharynx furcifer | furcifer | | Cynotilapia afra | cichlid, dwarf zebra | | | (dogtooth) | | Cynotilapia axelrodi | cichlid, Axelrod's | | | dogtooth | | Cyphotilapia frontosa | frontosa | | Cyprichromis brieni | cichlid, slender | | Cyprichromis leptosoma | cichlid, black-finned | | | slender | | Cyprichromis microlepidotus | cichlid | | Cyprichromis nigripinnis | cichlid | | Cyrtocara annectens | cichlid | | Cyrtocara moorei | cichlid | | Cyrtocara venusta | cichlid | | Dicrossus (all species in genus) | cichlid, checkered | | Docimodus johnstoni | cichlid | | Eretmodus cyanostictus | cichlid, striped goby | | Etroplus maculatus | chromide, orange | | Etroplus suratensis | chromide, banded | | Genyochromis mento | scale-eater, Malawian | | Geophagus australis | eartheater, austral | | Geophagus auticeps | cutie | | Geophagus balzanii | mouthbrooder, Paraguay | | Geophagus brasiliensis | cichlid, Brazil high hat | | | (pearl) | | Geophagus cupido | geophagus | | Geophagus gymnoglenys | geophagus, squarehead | | Geophagus hondae | geophagus, redhump | | Geophagus jurupari | eartheater, demon fish | | Geophagus rhabdotus | geophagus, pearl-striped | | Geophagus steindachneri | geophagus, redrump | | Geophagus surinamensis | geophagus, Surinam | | Gephyrochromis lawsi | cichlid, violet | | Gephyrochromis moovei | cichlid | | Gephyrochromis morii | cichlid, yellow-tailed | | | violet | | Gobiochromis timanti | cichlid, dwarf African | | Gynogeophagus australis | cichlid, eartheater | | Gynogeophagus balzanii | cichlid, eartheater | | Haplochromis ahli | haplochromis, electric | | | blue | | Haplochromis anaphyrmus | cichlid | | Haplochromis annectens | annectens | | Haplochromis argyrosoma | cichlid | | Haplochromis atritaeniata | cichlid | | Haplochromis auromarginatus | cichlid | | Haplochromis boadzulu | cichlid | | Haplochromis burtoni | mouthbrooder, Burton's | | Haplochromis callipterus | callipterus | | Haplochromis chrysonotus | cichlid | | Haplochromis cinereus | hap, ashy | | Haplochromis compressiceps | eye-biter, Malawian | | Haplochromis decorus | cichlid | | Haplochromis desfontainesi | mouthbrooder, desert | | Haplochromis dichrourus | hap, Victoria lavender | | Haplochromis electra | hap, deep-water | | Haplochromis epichorialis | cichlid | | Haplochromis ericotaenia | hap | | Haplochromis euchilus | euchilus, big lips | | Haplochromis eucinostomus | cichlid | | Haplochromis favimanus | cichlid | | Haplochromis fenestratus | cichlid | | Haplochromis fuscotaeniatus | cichlid | | Haplochromis guentheri | hap | | Haplochromis hennydaviesae | cichlid | | Haplochromis heterotaenia | cichlid | | Haplochromis horei | haplochromis, spothead | | Haplochromis ineda | hap | | Haplochromis jacksoni | cichlid | | Haplochromis kiwinge | cichlid | | Haplochromis labridens | cichlid | | Haplochromis labrosus | labrosus | | Haplochromis lacrymosus | hap, tear-drop | | Haplochromis lacteristriga | hap, basket | | Haplochromis lepturus | cichlid | | Haplochromis linni | polystigma, elephant-nose | | Haplochromis livingstoni | livingstoni | | Haplochromis lobochilus | livingstoni | | Haplochromis longimanus | cichlid | | Haplochromis macrognathus | hap, Victoria big-mouth | | Haplochromis macrostoma | livingstoni | | Haplochromis margarita | livingstoni | | Haplochromis melanotaenia | hap, black-fin | | Haplochromis mloto | livingstoni | | Haplochromis modestus | livingstoni | | Haplochromis mollis | hap, softly | | Haplochromis moorii | lumphead, blue | | Haplochromis multicolor | mouthbreeder, Egyptian | | Haplochromis nigritaeniatus | mouthbreeder, Egyptian | | Haplochromis nitidus | mouthbreeder, Egyptian | | Haplochromis nkatae | nkatae, common | | Haplochromis nototaenia | hap, stripe-back | | Haplochromis nubilus | cichlid | | Haplochromis obtusus | hap, pig-nose | | Haplochromis ovatus | mouthbreeder, Egyptian | | Haplochromis pardalis | hap | | Haplochromis pectoralis | hap | | Haplochromis pfefferi | hap, Tanganyika | | Haplochromis philander | mouthbreeder, Egyptian | | Haplochromis pholidophorus | mouthbreeder, Egyptian | | Haplochromis placodon | mouthbreeder, Egyptian | | Haplochromis plagiotaenia | hap, rainbow | | Haplochromis polyodon | hap | | Haplochromis polystigma | polystigma, polly | | Haplochromis quadrimaculatus | polystigma, polly | | Haplochromis riponianus | hap, Victoria red-tail | | Haplochromis rostratus | rostratus | | Haplochromis sauvagei | hap, Victoria mottled | | Haplochromis similis | polystigma, polly | | Haplochromis sphaerodon | polystigma, polly | | Haplochromis spilonotus | polystigma, polly | | Haplochromis spilostichus | polystigma, polly | | Haplochromis stonemani | polystigma, polly | | Haplochromis strigatus | polystigma, polly | | Haplochromis subocularis | polystigma, polly | | Haplochromis taeniolatus | rostratus | | Haplochromis tetrastigma | rostratus | | Haplochromis venustus | rostratus | | Haplochromis virginalis | rostratus | | Haplochromis wingati | mouthbrooder, Nigerian | | Haplochromis woodi | rostratus | | Hemichromis bimaculatus | cichlid, jewel | | Hemichromis cristatus | cichlid, crown jewel | | Hemichromis fasciatus | hemichromis, five-spotted | | Hemichromis lifalili | cichlid, blood-red jewel | | Hemichromis paynei | cichlid, Payne's jewel | | Hemichromis tersquamatus | cichlid | | Hemichromis thomasi | cichlid | | Hemichromis voltae | cichlid | | Hemihaplochromis multicolor | mouthbrooder, Egyptian | | Hemihaplochromis philander | mouthbrooder, South | | | African | | Hemitilapia oxyrhnchus | cichlid, oxyrhnchus | | Herichthys cyanoguttatus | cichlid, Texas | | Heros affinis | cichlid | | Heros facetus | cichlid | | Heros septemfasciatus | cichlid | | Herotilapia multispinosa | cichlid, rainbow | | Iodotropheus sprengerae | cichlid, rusty | | Julidochromis (all species in genus) cichlid, dwarf | | | Labeotropheus fuelleborni | cichlid, Fuelleborn's | | Labeotropheus trewavasae | trewavasae, red-top | | Labidochromis caeruleus | labido, blue-white | | Labidochromis fryeri | labido, white | | Labidochromis vellicans | vellicans | | Laetacara (all species in genus) | cichlid, dwarf | | Lamprologus attenuatus | lamprologus, marbled | | Lamprologus brevis | brevis | | Lamprologus brichardi | lamprologus, lyretail | | Lamprologus buescheri | lamprologus, Buescher's | | Lamprologus callipterus | callipterus | | Lamprologus calvus | lamprologus, pearly | | Lamprologus compressiceps | compressiceps | | Lamprologus congoensis | lamprologus, Congo | | Lamprologus cunningtoni | lamprologus, black | | Lamprologus elongatus | elongatus | | Lamprologus falcicula | lamprologus, long-fin | | Lamprologus fasciatus | lamprologus, barred | | Lamprologus furcifer | cichlid, sail-fin | | Lamprologus gracilis | lamprologus, graceful | | Lamprologus kendalli | nkambe | | Lamprologus leleupi | cichlid, lemon | | Lamprologus lemairii | lamprologus, Lemaire's | | Lamprologus magarae | shell-dweller, magara | | Lamprologus meeli | meeli | | Lamprologus mocquardi | lamprologus, Mocquard's | | Lamprologus mondabu | lamprologus, mondabu | | Lamprologus moorii | lamprologus, moorii | | Lamprologus multifasciatus | lamprologus, many-banded dwarf | | Lamprologus mustax | lamprologus, white-cheeked | | Lamprologus niger | lamprologus, muddy | | Lamprologus nkambae | cichlid | | Lamprologus obscurus | lamprologus, mottly | | Lamprologus ocellatus | shell-dweller, oscellated | | Lamprologus olivaceus | lamprologus, olive | | Lamprologus ornatipinnis | lamprologus | | Lamprologus pleuromaculatus | lamprologus, blotched | | Lamprologus prochilus | lamprologus, sling-jaw | | Lamprologus profundicola | lamprologus, deep-water | | Lamprologus savoryi elongatus | lamprologus, lyretail | | Lamprologus sexfasciatus | lamprologus, six-bar | | Lamprologus tetracanthus | lamprologus, pearl-lined | | Lamprologus toae | lamprologus | | Lamprologus tretocephalus | cichlid, five-bar | | Lamprologus werneri | lamprologus | | Leptotilapia irvinei | cichlid | | Leptotilapia tinanti | cichlid | | Limnochromis auritus | auritus | | Lobochilotes labiatus | cichlid, zebra | | Melanochromis auratus | cichlid, malawi golden | | Melanochromis brevis | mbuna | | Melanochromis chipokae | mbuna, Chipokee | | Melanochromis exasperatus | mbuna | | Melanochromis johanni | johanni | | Melanochromis labrosus | mbuna | | Melanochromis melanopterus | mbuna, black | | Melanochromis parallelus | mbuna, parallel-striped | | Melanochromis perspicax | mbuna, violet-striped | | Melanochromis simulans | mbuna, longsnout | | Melanochromis vermivorus | mbuna, purple | | Nannacara anomala | cichlid, golden dwarf | | Nannacara aureocephalus | cichlid, golden-head dwarf | | Nannacara taenia | cichlid | | Nanochromis (all species in genus) | cichlid, dwarf | | Neetroplus nematopus | cichlid, little lake | | Otopharynx auromarginatus | cichlid | | Otopharynx selenurus | cichlid | | Oxylapia polli | cichlid | | Papiliochromis (all species | cichlid, butterfly | | in genus) | | | Paratilapia dorsalis | cichlid | | Paratilapia longipinnis | cichlid | | Paratilapia nigrofasciata | cichlid | | Paratilapia polleni | cichlid | | Paretroplus (all species in genus | cichlid, Damba | | except Paretroplus polyactis and | | | P. sp. "lamena") | | | Pelmatochromis aerocephalus | cichlid | | Pelmatochromis annectens | cichlid, five-spot African | | Pelmatochromis ansorgei | cichlid, five-spot African | | Pelmatochromis arnoldi | cichlid, five-spot African | | Pelmatochromis batesii | cichlid | | Pelmatochromis buettikoferi | cichlid | | Pelmatochromis camerunensis | cichlid | | Pelmatochromis caudifasciatus | cichlid | | Pelmatochromis cerasogaster | cichlid | | Pelmatochromis congicus | cichlid | | Pelmatochromis corbali | cichlid | | Pelmatochromis exsul | cichlid | | Pelmatochromis guentheri | mouthbreeder, Guenther's | | Pelmatochromis haugi | cichlid | | Pelmatochromis humilis | cichlid | | Pelmatochromis kingleyae | cichlid | | Pelmatochromis klugei | cichlid, Kluge's dwarf | | Pelmatochromis kribensis | kribensis | | Pelmatochromis loennbergi | cichlid | | Pelmatochromis longirostris | cichlid | | Pelmatochromis ocellifer | cichlid | | Pelmatochromis pellegrini | cichlid | | Pelmatochromis pulcher | cichlid | | Pelmatochromis roloffi | cichlid | | Pelmatochromis ruweti | cichlid | | Pelmatochromis schoutedeni | cichlid | | Pelmatochromis subocellatus | cichlid, violet | | Pelmatochromis thomasi | cichlid, African butterfly | | Pelvicachromis (all species | cichlid, dwarf | | in genus) | | | Petenia kraussi | cichlid | | Petenia myersi | cichlid | | Petenia spectailis | cichlid | | Petenia spendida | cichlid | | Petrochromis "golden" | cichlid | | Petrochromis fasciolatus | petrochromis, banded | | Petrochromis orthognatus | petrochromis, plain-mouth | | Petrochromis polyodon | petrochromis, brown | | Petrochromis trewavasae | petrochromis, filament-fin | | Petrotilapia nigra | petrotilapia, dusky | | Petrotilapia tridentiger | petrotilapia, blue | | Pseudocrenilabrus multicolor | mouthbrooder, dwarf | | | Egyptian | | Pseudocrenilabrus philander | mouthbrooder, South | | | African | | Pseudotropheus auratus | cichlid, Nyasa golden | | Pseudotropheus aurora | cichlid, aurora | | Pseudotropheus brevis | mbuna, silver-blue | | Pseudotropheus eduardi | mbuna | | Pseudotropheus elegans | elegans | | Pseudotropheus elongatus | mbuna, slender | | Pseudotropheus fucoides | mbuna | | Pseudotropheus fuscus | mbuna | | Pseudotropheus lanisticola | mbuna, snail-shell | | Pseudotropheus livingstoni | mbuna, Livingstone's | | Pseudotropheus lombardoi | kennyi | | Pseudotropheus lucerns | mbuna | | Pseudotropheus macropthalmus | mbuna | | Pseudotropheus microstoma | tropheops, small-mouthed | | Pseudotropheus minutus | mbuna | | Pseudotropheus novemfasciatus | novemfasciatus | | Pseudotropheus tropheops | tropheops | | Pseudotropheus tursiops | mbuna, dolphin | | Pseudotropheus williamsi | mbuna, Williams | | Pseudotropheus zebra | cichlid, Malawi blue | | | (zebra) | | Pterophyllum altum | angelfish, long-finned | | Pterophyllum dumerili | angelfish, long-nose | | Pterophyllum scalare | angelfish | | Reganochromis calliurum | calliurus | | Sciaenochromis ahli | cichlid, African | | Simochromis diagramma | simochromis, diagonal bar | | Spathodus erythrodon | cichlid, blue-spotted goby | | Spathodus marlieri | cichlid, goby | | Steatocranus casuarius | cichlid, lionhead | | Steatocranus tinanti | cichlid, slender lionhead | | Symphysodon aequifasciata | discus, green | | aequifasciata | | | Symphysodon aequifasciata | discus, brown | | axelrodi | | | Symphysodon aequifasciata | discus, blue | | haraldi | | | Symphysodon discus | discus, red (Heckel's) | | Taeniacara candidi | cichlid | | Tanganicodus irsacae | cichlid, spotfin goby | | Teleogramma brichardi | cichlid, Brichard's | | | slender | | Teleogramma gracile | cichlid | | Teleogramma monogramma | cichlid | | Telmatochromis bifrenatus | telmat, striped | | Telmatochromis caninus | caninus | | Telmatochromis temporales | cichlid, temporalis | | Telmatochromis vittatus | telmat, blunt-head | | Thysia ansorgii | cichlid, five-spot African | | Trematocranus jacobfreibergi | j acobfreibergi | | Trematocranus peterdaviesi | cichlid | | Tropheus (all species in genus) | cichlid, dwarf | | Xenotilapia boulengeri | cichlid | | FAMILY Cirrhitidae | | | Cirrhitidae (all species in family) | hawkfish | | FAMILY Echeneidae | | | Echeneis naucrates | sucker, shark; remora, | | | striped | | FAMILY Eleotrididae | | | Eleotriodes elapoides | goby, silk | | Eleotriodes strigata | sleeper, golden-headed | | Gobiomorphus australis | gudgeon, striped | | Gobiomorphus coxii | gudgeon, Cox's | | Hypseleotris aurea | gudgeon, golden | | Hypseleotris compressa | gudgeon, carp; fish, empire | | Hypseleotris cyprinoides | goby, chameleon | | Hypseleotris ejuncida | gudgeon, slender | | Hypseleotris galii | gudgeon, firetail | | Hypseleotris guentheri | sleeper, chameleon | | Hypseleotris kimberleyensis | gudgeon, Barnett River | | Hypseleotris klunzingeri | sleeper, Australian pink (goby) | | Hypseleotris modestus | gudgeon | | Hypseleotris regalis | gudgeon, prince regent | | Milyeringa Veritas | gudgeon, blind (cave) | | Philypnodon grandiceps | gudgeon, big-headed | | Prionobutis microps | gudgeon, small-eyed | | FAMILY Enoplosidae | | | Enoplosus armatus | oldwife | | FAMILY Ephippididae | | | Ephippididae (all species in family) | spadefish | | FAMILY Gerreidae | | | Gerreidae (all species in family) | mojarra, spotfin | | FAMILY Gobiidae | | | Gobiidae (all species in family) | goby | | FAMILY Grammidae | | | Grammidae (all species in family) | basslet | | FAMILY Grammistidae | | | Grammistidae (all species in family) | soapfish | | FAMILY Haemulidae | | | Haemulidae (all species in family) | grunt | | FAMILY Helostomatidae | | | Helostoma rudolfi | gourami, kissing | | Helostoma temmincki | gourami, kissing | | FAMILY Inermiidae | | | Emmelichthyops atlanticus | bogita | | FAMILY Kuhliidae | | | Kuhliidae (all species in family) | aholehole | | FAMILY Kyphosidae | | | Kyphosidae (all species in family) | rudder fish | | FAMILY Labridae | | | Labridae (all species in family) | wrasse | | FAMILY Lobotidae | | | Datnoides microlepis | tiger fish, Siamese | | Datnoides quadrifasciatus | tiger fish, many-barred | | Lobotes surinamensis | tiger fish | | FAMILY Lutjanidae | | | Lutjanidae (all species in family) | snapper | | FAMILY Malacanthidae | | | Malacanthidae (all species in family) | tilefish | | FAMILY Mastacembelidae | | | Macrognathus aculeatus | eel, spiny; eel, peacock | | Macrognathus siamensis | eel, spiny spot-fin | | | (peacock) | | Mastacembelus aculeata | eel, spiny | | Mastacembelus argus | eel, spiny | | Mastacembelus armatus | eel, white-spotted spiny | | Mastacembelus circumcinctus | eel, half-banded spiny | | Mastacembelus ellipsifer | eel, spiny | | Mastacembelus erythrotaenia | eel, spotted fire | | Mastacembelus frenatus | eel, spiny | | Mastacembelus moori | eel, spiny | | Mastacembelus ophidium | eel, spiny | | Mastacembelus pancalus | eel, spiny | | Mastacembelus reticulatus | eel, spiny | | Mastacembelus siamensis | eel, spot-finned spiny | | Mastacembelus smith | eel, false armatus spiny | | Mastacembelus tanganicea | eel, spiny | | Mastacembelus zebrinus | eel, zebra spiny (zigzag) | | Rhynchobdella aculeata | eel, spiny | | FAMILY Microdesmidae | | | Nemateleotris decora | firefish, blue | | Nemateleotris helfrichi | firefish, purple | | Nemateleotris magnificus | firefish | | Ptereleotris microlepis | gudgeon, blue | | Ptereleotris splendidum | firefish | | Ptereleotris tricolor | scissortail | | FAMILY Monodactylidae | | | Monodactylidae (all species in family) | mono | | FAMILY Mugiloididae | | | Parapercis schauinslandi | grub fish, red | | FAMILY Mullidae | | | Mullidae (all species in family) | goatfish | | FAMILY Nandidae | | | Badis badis badis | badis; fish, dwarf | | | chameleon | | Badis badis burmanicus | badis, Burmese | | Monocirrhus polyacanthus | leaf fish | | Nandus nandus | leaf fish, Asian; nandus | | Polycentropsis abbreviata | leaf fish, African | | Polycentrus schomburgki | leaf fish, Schomburgk's | | FAMILY Nemipteridae | | | Scolopsis bilineatus | snapper, two-lined | | Scolopsis cancellatus | snapper, yellow stripe | | FAMILY Opistognathidae | | | Opistognathidae (all species in family) | j awfish | | FAMILY Osphronemidae | | | Osphronemus gouramy | gourami, giant | | FAMILY Pempherididae | | | Pempherididae (all species in family) | sweeper | | FAMILY Pentacerotidae | | | Pentacerotidae (all species in family) | armorhead | | FAMILY Percichthyidae | | | Nannoperca vittata | perch, Australian pygmy | | FAMILY Percidae | | | Acerina cernua | perch, European | | Etheostoma caeruleum | darter, rainbow | | FAMILY Pholidichthyidae | | | Pholidichthys leucotaenia | goby, convict worm | | FAMILY Plesiopidae | | | Plesiopidae (all species in family) | betta, marine | | FAMILY Pomacanthidae | | | Pomacanthidae (all species in family) | angelfish | | FAMILY Pomacentridae | | | Pomacentridae (all species in family) | damselfish | | FAMILY Priacanthidae | | | Priacanthidae (all species in family) | big-eye | | FAMILY Pseudochromidae | | | Pseudochromidae (all specie in family) | dottyback | | FAMILY Scaridae | | | Scaridae (all species in family) | parrotfish | | FAMILY Scatophagidae | | | Scatophagidae (all species in family) | scat | | FAMILY Sciaenidae | | | Equetus acuminatus | cubbyu; cubbyu, high hat | | Equetus lanceolatus | jackknife fish | | Equetus punctatus | drum, spotted | | FAMILY Scombridae | | | Scombridae (all species in family) | tuna | | FAMILY Scorpididae | | | Scorpididae (all species in family) | stripey | | FAMILY Serranidae | | | Serranidae (all species in family) | grouper | | FAMILY Sparidae | | | Archosargus probatocephalus | sheepshead, black-barred | | Archosargus rhomoboidalis | bream, sea | | Calamus bajonado | porgy, jolthead | | Calamus calamus | porgy, saucereye | | Calamus penna | porgy, sheepshead | | Calamus pennatula | pluma | | Diplodus caudimacula | porgy, roundspot | | Sargus vulgaris | bream, two-banded | | FAMILY Theraponidae | | | Therapon jarbua | tigerfish, three-striped | | FAMILY Toxotidae | | | Toxotes chatareus | archerfish, seven-spot | | Toxotes jaculator | archerfish | | Toxotes lorentzi | archerfish, primitive | | Toxotes oligolepis | archerfish, few-scaled | | FAMILY Tripterygiidae | | | Tripterygiidae (all species in family) | triplefin | | ORDER Percopsiformes | | | FAMILY Aphredoderidae | | | Aphredoderus sayanus | perch, pirate | | ORDER Pleuronectiformes | | | FAMILY Bothidae | | | Bothus lunatus | flounder, peacock | | Bothus mancus | flounder, tropical | | Bothus ocellatus | flounder, eyed | | Paralichthys tropicus | flounder, tropical | | Pseudorhombus cinnamoneus | flounder, cinnamon | | FAMILY Cynoglossidae | | | Cynoglossidae (all species in family) | tonguefish | | FAMILY Soleidae | | | Achirus errans | sole, Brazilian freshwater | | Achirus lineatus | flounder, freshwater | | Trinectes maculatus | sole, freshwater | | ORDER Salmoniformes | | | FAMILY Umbridae | | | Leptobarbus hoeveni | barb, pink-tailed | | ORDER Scorpaeniformes | | | FAMILY Cottidae | | | Cottus bairdi | sculpin, mottled | | ORDER Siluriformes | | | FAMILY Amphiliidae | | | Phractura ansorgei | catfish, African whiptailed | | FAMILY Aspredinidae | | | Agmus lyriformia | catfish, lumpy banjo | | Aspredo aspredo | catfish | | Bunocephalus amaurus | catfish | | Bunocephalus amaurus | catfish, banjo | | Bunocephalus bicolor | catfish, frying-pan | | Bunocephalus coracoideus | catfish, z-color banjo | | Bunocephalus kneri | catfish | | FAMILY Auchenipteridae | | | Auchanipterichthys thoracatus | woodcat, zamora | | Auchenipterus damerarae | woodcat, demerara | | Centromochlus heckili | woodcat, Heckel's | | Pseudauchenipterus nodosus | catfish, black tailband | | Pseudepapterus hasemani | woodcat, haseman's | | Tatia aulopygia | woodcat, snowflake | | Tatia creutzbergi | woodcat, Creutzberg's | | Tetranematichthys quadrifilia | woodcat, hi-hat | | Trachelyopterichthys taeniatus | woodcat, striped | | FAMILY Bagridae | | | Leiocassis brashnikowi | catfish, Russian | | Leiocassis siamensis | catfish, barred Siamese | | Mystus micracanthus | catfish, two-spot | | Mystus tengara | catfish, Asiatic | | Mystus vittatus | catfish | | Parauchenipterus galeatus | catfish, starry | | Parauchenoglanis guttatus | catfish, African flathead | | Parauchenoglanis macrostoma | catfish, African spotted | | Pseudobagrus fulvidraco | catfish, tawny dragon | | FAMILY Callichthyidae | | | Aspidoras (all species in genus) | catfish, dwarf armored | | Brochis (all species in genus) | catfish, dwarf armored | | Callichthys callichthys | catfish, slender armored | | Corydoras (all species in genus) | catfish, dwarf armored | | Dianema longibarbis | catfish, porthole | | Dianema urostriata | catfish, stripe-tailed | | Hoplosternum littorale | hoplo; cascudo | | Hoplosternum pectorale | catfish | | Hoplosternum thoracatum | hoplo, port; atipa | | FAMILY Helogenidae | | | Helogene marmoratus | helogenes, marbled | | FAMILY Ictaluridae | | | Ictalurus punctatus | catfish, channel | | FAMILY Loricariidae | | | Ancistrus cirrhus | catfish | | Ancistrus dolichopterus | catfish | | Ancistrus hoplogenys | sucker, pearl | | Ancistrus lineolatus | bristle-nose | | Ancistrus temmincki | bristle-nose, Temminck's | | Ancistrus triradiatus | bristle-nose, branched | | Cochliodon plecostomoides | catfish, spoon-tooth sucker | | Cteniloricaria fowleri | catfish | | Cteniloricaria maculata | catfish | | Cteniloricaria platystoma | catfish | | Farlowella acus | farlowella | | Farlowella gracilis | twig fish | | Farlowella schreitmuelleri | farlowella, royal | | Hemiancistrus nicefordi | catfish, clown sucker | | Hemiancistrus vittatus | catfish, striped sucker | | Hemidonichthyes acispenserinus | catfish | | Hypancistrus zebra | plecostomus, zebra | | Hypoptopoma inexpectatum | catfish, dwarf sucker | | Hypoptopoma guentheri | catfish, dwarf sucker | | Hypostomus plecostomus | catfish, sucker | | Hypostomus punctatus | catfish | | Loricaria filamentosa | catfish, whiptail | | Loricaria lanceolata | catfish | | Loricaria parva | catfish, whiptail | | Microlepidogaster oxypropsis | catfish, dwarf sucker | | Monistiancistrus carachama | catfish | | Otocinclus affinis | catfish, midget sucker | | Otocinclus arnoldi | catfish, Arnold's sucker | | Otocinclus flexilis | catfish, sucker imitator | | Otocinclus mariae | otocinclus, Maria's | | Otocinclus paulinus | otocinclus | | Otocinclus vestitus | catfish, Ampiyacu dwarf sucker | | Otocinclus vittatus | catfish, striped sucker | | Panaque nigrolineatus | panaque; royal plecostomus | | Panaque suttoni | plecostomus, blue-eyed | | Parancistrus aurantiacus | catfish, sucker | | Parotocinclus maculicauda | catfish | | Peckoltia arenaria | peckoltia | | Peckoltia brevis | catfish, spotted head | | Peckoltia oligospila | peckoltia | | Peckoltia platyrhyncha | catfish, flat faced | | Peckoltia pulcher | catfish, pretty | | Peckoltia vittatus | catfish, banded | | Plecostomus bolivianus | catfish, Bolivian sucker | | Pseudacanthius leopardus | catfish | | Pterygoplichthys anisitsi | pleco, snow king | | Pterygoplichthys gibbiceps | plecostomus, sailfin | | Pterygoplichthys bolivianus | catfish, Bolivian sucker | | Rineloricaria castrol | cat, whiptail | | Rineloricaria fallax | catfish | | Rineloricaria hasemani | catfish | | Rineloricaria lanceolata | catfish | | Stoneiella leopardus | catfish, orange-trim sucker | | Xenocara dolichoptera | catfish, bushy-mouth | | FAMILY Mochokidae | | | Brachysynodontis batensoda | catfish | | Hemisynodontis schall | catfish | | Synodontis acanthomias | catfish | | Synodontis afro-fischeri | catfish | | Synodontis alberti | catfish | | Synodontis albolineatus | catfish | | Synodontis angelicus | catfish, polka-dot African | | Synodontis angierasi | catfish | | Synodontis annectens | catfish | | Synodontis ansorgii | catfish | | Synodontis arabi | catfish | | Synodontis arnoulti | catfish | | Synodontis aterrimus | catfish | | Synodontis augierasi | catfish | | Synodontis bastiani | catfish | | Synodontis batensoda | catfish | | Synodontis batesi | catfish | | Synodontis brichardi | catfish | | Synodontis budgetti | catfish | | Synodontis camelopardalis | catfish | | Synodontis caudalis | catfish | | Synodontis caudovittatus | catfish | | Synodontis centralis | catfish | | Synodontis citernii | catfish | | Synodontis clarias | catfish | | Synodontis colyeri | catfish | | Synodontis congicus | catfish | | Synodontis contractus | catfish, David's upside-down | | Synodontis courteti | catfish | | Synodontis cuangoanus | catfish | | Synodontis dageti | catfish | | Synodontis davidi | catfish | | Synodontis decorus | catfish | | Synodontis depauwi | catfish | | Synodontis dhonti | catfish | | Synodontis dorsomaculatus | catfish | | Synodontis eburneensis | catfish | | Synodontis eupterus | catfish | | Synodontis eurystomus | catfish | | Synodontis fascipinna | catfish | | Synodontis filimentosus | catfish | | Synodontis flavitaeniatus | synodontis, yellow-striped | | Synodontis frontosus | catfish | | Synodontis fuelleborni | catfish | | Synodontis gambiensis | catfish | | Synodontis geledensis | catfish | | Synodontis gobroni | catfish | | Synodontis granulosus | catfish | | Synodontis greshoffi | catfish | | Synodontis guentheri | catfish | | Synodontis guttatus | catfish | | Synodontis haugi | catfish | | Synodontis hollyi | catfish | | Synodontis holopercnus | catfish | | Synodontis humeratus | catfish | | Synodontis irsacae | catfish | | Synodontis ituriensis | catfish | | Synodontis iturii | catfish | | Synodontis jallae | squeaker, Jalla's | | Synodontis katangae | catfish | | Synodontis khartoumensis | catfish | | Synodontis koensis | catfish | | Synodontis labeo | catfish | | Synodontis lacustricolus | catfish | | Synodontis leopardinus | squeaker, spotted | | Synodontis longirostris | catfish | | Synodontis longispinis | catfish | | Synodontis loppei | catfish | | Synodontis lufirae | catfish | | Synodontis macrepipterus | catfish | | Synodontis macrodon | catfish | | Synodontis macrophthalmus | catfish | | Synodontis macrops | catfish | | Synodontis macrostigma | squeaker, spotted | | Synodontis maculatus | catfish | | Synodontis maculipinna | catfish | | Synodontis maculosis | catfish | | Synodontis marmoratus | catfish | | Synodontis matthesi | catfish | | Synodontis melanogaster | catfish | | Synodontis melanopterus | catfish | | Synodontis melanostictus | catfish | | Synodontis membranaceus | catfish | | Synodontis menanogaster | catfish | | Synodontis multimaculatus | catfish | | Synodontis multipunctatus | catfish | | Synodontis nebulosus | squeaker | | Synodontis nigrita | catfish, lace | | Synodontis nigriventris | catfish, black-belly | | | upside-down | | Synodontis nigromaculatus | catfish, black-dot | | | upside-down | | Synodontis notatus | catfish, spotted | | Synodontis nummifer | catfish | | Synodontis nummifer dshahensis | catfish | | Synodontis nyassae | catfish | | Synodontis obesus | catfish | | Synodontis ocellatus | catfish | | Synodontis ocellifer | catfish | | Synodontis omias | catfish | | Synodontis ornatipinnis | catfish | | Synodontis ornatus | catfish | | Synodontis ovidius | catfish | | Synodontis pantherinus | catfish | | Synodontis pardalis | catfish | | Synodontis petricola | catfish | | Synodontis pfefferi | catfish | | Synodontis pleurops | catfish | | Synodontis polydon | catfish | | Synodontis polystigma | catfish | | Synodontis pulcher | catfish | | Synodontis punctifer | catfish | | Synodontis punctulatus | catfish | | Synodontis rebeli | catfish | | Synodontis resupinatus | catfish | | Synodontis robbianus | catfish | | Synodontis ruandae | catfish | | Synodontis ruffigiensis | catfish | | Synodontis schall | catfish | | Synodontis schoutendeni | catfish | | Synodontis sepentis | catfish | | Synodontis serratus | catfish | | Synodontis smiti | catfish | | Synodontis soloni | catfish | | Synodontis sorex | catfish | | Synodontis stendachneri | catfish | | Synodontis tenuis | catfish | | Synodontis tessmanni | catfish | | Synodontis thamalakanensis | catfish | | Synodontis tholloni | catfish | | Synodontis thysi | catfish | | Synodontis tourei | catfish | | Synodontis unicolor | catfish | | Synodontis velifer | catfish | | Synodontis vermiculatus | catfish | | Synodontis victoriae | catfish | | Synodontis violaceus | catfish | | Synodontis vittatus | catfish, striped | | Synodontis wamiensis | catfish | | Synodontis waterfoti | catfish | | Synodontis werneri | catfish | | Synodontis woosnami | catfish | | Synodontis xiphias | catfish | | Synodontis zambezensis | catfish | | Synodontis zambezensis | catfish | | rukwaensis | | | Synodontis zanzibaricus | catfish | | FAMILY Pangasiidae | | | Pangasius sutchi | shark, Siamese | | FAMILY Pimelodidae | | | Microglanis parahybae | catfish, dwarf marbled | | Microglanis poecilus | catfish, dwarf marbled | | Pimelodella dorseyi | pimelodella, Dorsey's | | Pimelodella gracilis | pimelodella, slender | | Pimelodella hartwelli | pimelodella | | Pimelodella imitator | catfish | | Pimelodella laticeps | pimelodella, flat-head | | Pimelodella linami | pimelodella, Linam's | | Pimelodella metae | pimelodella, Rio Meta | | Pimelodella parnahybae | pimelodella, parnahyba | | Pimelodella pictus | catfish, pictus | | Pimelodella rambarrani | catfish | | Pimelodus albofasciatus | pimelodus, banded | | Pimelodus clarias | pimelodus, spotted | | Pimelodus maculatus | pimelodus, spotted | | Pimelodus ornatus | pimelodus, ornate | | Pimelodus pictus | pimelodus, angelicus | | Pinirampus pirinampu | catfish, long-finned | | Sciades marmoratus | catfish, marbled | | Sciades pictus | catfish, painted | | Sorubim lima | catfish, shovelnose | | Sorubimichthys planiceps | catfish, spotted shovelnose | | FAMILY Schilbeidae | | | Eutropiellas debauwi | catfish, three-striped glass | | Parailia longifilis | catfish, mottled glass | | Platytropius siamensis | catfish | | Schilbe marmoratus | catfish, African shoulder spot | | Schilbe mystus | catfish, striped schilbe | | Schilbe uranoscopus | catfish, silver schilbe | | FAMILY Siluridae | | | Kryptopterus bicirrhis | catfish, glass | | Kryptopterus macrocephalus | catfish, poor man's glass | | Ompok bimaculatus | catfish, one-spot glass | | Ompok sabanus | catfish | | ORDER Tetraodontiformes | | | FAMILY Balistidae | | | Balistidae (all species in family) | leatherj acket | | FAMILY Diodontidae | | | Diodontidae (all species in family) | porcupinefish | | FAMILY Monacanthidae | | | Monacanthidae (all species in family) | filefish | | FAMILY Ostraciidae | | | Ostraciidae (all species in family) | boxfish | | FAMILY Tetraodontidae | | | Tetraodontidae (all species in family) | puffer | | FAMILY Triodontidae | | | Triodon macropterus | puffer, three-toothed | | BIRDS | | | (After Sibley and Monroe 1990) | | | PHYLUM Chordata | | | CLASS Aves | | | ORDER Columbiformes | | | FAMILY Columbidae | | | Chalcophaps indica | dove, emerald | | Columba leuconota | pigeon, snow | | Columba picazuro | pigeon, Picazuro | | Columbina minuta | dove, plain-breasted | | | ground | | Columbina squammata | dove, scaled | | Gallicolumba criniger | dove, Bartlett's; Mindinao | | | bleeding-heart | | Gallicolumba luzonica | dove, Luzon bleeding-heart | | Geopelia cuneata | dove, diamond | | Geopelia striata | dove, zebra (barred) | | | (barred shouldered) | | Geophaps lophotes | pigeon, crested | | Goura victoria | pigeon, Victoria crowned | | Macropygia magna | dove, cuckoo large | | | (greater) | | Oena capensis | dove, cape (masked) | | | (namaqua) | | Phaps chalcoptera | pigeon, bronzewing | | Streptopelia bitorquata | dove, Javanese collared | | | (Javanese turtle) | | Streptopelia capicola | dove, ring-necked | | | (Chinese) (lace-necked) | | Streptopelia chinensis | dove, white sacred | | | (spotted) | | Streptopelia decaocto | dove, collared | | Streptopelia roseogrisea risoria | dove, ringed turtle | | | (domesticated form) | | Turtur chalcospilos | dove, emerald-spotted wood | | FAMILY Pteroclidae | | | Pterocles exustus | sandgrouse, Indian | | | (chestnut-bellied) | | ORDER Galliformes | | | FAMILY Numididae | | | Acryllium vulturinum | guineafowl, vulturine | | FAMILY Odontophoridae | | | Callipepla californicus | quail, California | | (=Lophortyx californicus) | | | Callipepla gambelii (=Lophortyx | quail, Gambel's | | gambelii) | | | Callipepla squamata | quail, scaled | | Colinus (all species in genus) | bobwhites | | Cyrtonyx montezumae | quail, Montezuma | | Oreortyx picta | quail, mountain | | FAMILY Phasianidae | | | Alectoris barbara | partridge, barbary | | Alectoris chukar | partridge, chukar | | Alectoris rufa | partridge, red-legged | | Ammoperdix griseogularis | partridge, see-see | | Argusianus argus | argus, great | | Bambusicola fytchii | partridge, mountain | | | bamboo | | Bambusicola thoracica | partridge, Chinese bamboo | | Catreus wallichi | pheasant, cheer | | Chrysolophus (all species in | pheasant, ruffed | | genus) | | | Coturnix chinensis | quail, blue-breasted | | Coturnix japonica | quail, Japanese | | Crossoptilon (all species in | pheasant, eared | | genus) | | | Francolinus (all species in | francolins | | genus) | | | Gallus (all species in genus) | junglefowl | | Ithaginis cruentus | pheasant, blood | | Lophophorus (all species in | pheasant, monal | | genus) | | | Lophura (all species in genus) | gallopheasant | | Meleagris gallopavo | turkey, wild common | | Numida meleagris | guinea-fowl, helmeted | | Pavo (all species in genus) | peafowl | | Perdix perdix | partridge, grey | | Phasianus colchicus | pheasant, common | | Polyplectron (all species in | pheasant, peacock | | genus) | | | Pucrasia macrolopha | pheasant, koklass | | Rheinardia ocellata | argus, crested | | Rollulus roulroul | partridge, crested | | Syrmaticus (all species in genus) | pheasant, long-tailed | | Tragopan (all species in genus) | pheasant, tragopan | | ORDER Passeriformes | | | FAMILY Alaudidae | | | Melanocorypha mongolica | lark, Mongolian | | FAMILY Corvidae | | | Oriolus chinensis (males only) | oriole, black-naped | | Oriolus oriolus (males only) | oriole, Eurasian golden | | Pericrocotus flammeus | minivet, scarlet | | FAMILY Fringillidae | | | Carduelis carduelis (males only) | goldfinch, European | | Carpodacus erythrinus (males | rosefinch, common | | only) | | | Coccothraustes coccothraustes | hawkfinch | | (males only) | | | Coryphospingus pileatus (males | finch, pileated | | only) | | | Emberiza aureola | bunting, yellow-breasted | | Emberiza cioides | bunting, meadow (Hojiro) | | Emberiza elegans | bunting, elegant | | | (yellow-throated) | | Emberiza rustica | bunting, rustic | | Emberiza sulphurata | bunting, yellow | | Emberiza tristrami | bunting, Tristram's | | Gubernatrix cristata | cardinal, yellow | | Paroaria capitata | cardinal, yellow-billed | | Paroaria dominicana | cardinal, pope (red-cowled) | | Paroaria gularis | cardinal, red-capped | | Serinus canaria | canary, island | | Serinus leucopygius | seed-eater, white-rumped | | Serinus mozambicus | canary, yellow-fronted | | Sicalis flaveola (males only) | finch, saffron | | Tiaris canora | finch, Cuban grassquit | | | (Cuban melodius) | | Tiaris olivacea | finch, yellow-faced | | | grassquit (Cuban olive) | | Volatinia jacarina | grassquit, blue-black | | FAMILY Irenidae | | | Irena puella | bluebird, Asian fairy | | FAMILY Muscicapidae | | | Copsychus malabaricus | shama, white-rumped | | Copsychus saularis | thrush, Dayal; oriental | | | magpie robin | | Gracula religiosa | myna, hill | | Myiophoneus horsfieldii | thrush, whistling Malabar | | FAMILY Passeridae | | | Amadina erythrocephala | finch, red-headed | | Amadina fasciata (males only) | finch, cut-throat (ribbon) | | Amandava amandava | finch, red avadavat | | Amandava subflava | waxbill, zebra | | Chloebia gouldiae | finch, Gouldian | | Emblema pictum | finch, painted (emblem) | | Erythrura cyaneovirens | parrotfinch, red-headed | | Erythrura prasina | parrotfinch, pintailed | | Erythrura psittacea | parrotfinch, red-headed | | Erythrura trichroa | parrotfinch, blue-faced | | Erythrura viridifacies (males | parrotfinch, green-faced | | only) | | | Estrilda astrild | finch, St. Helena waxbill | | | (common waxbill) | | Estrilda atricapilla | waxbill, black-headed | | Estrilda caerulescens | waxbill, lavender | | Estrilda erythronotos | waxbill, black-cheeked | | Estrilda melpoda | waxbill, orange-cheeked | | Estrilda troglodytes | waxbill, black-rumped | | Euplectes afer | bishop, yellow-crowned | | Euplectes franciscanus | bishop, orange | | Euplectes hordeaceus | bishop, black-winged | | Euplectes orix | bishop, red | | Heteromunia pectoralis | munia, pictorella | | Hypargos niveoguttatus | finch, Peter's twinspot | | Lagonosticta rara | finch, black-bellied | | Lagonosticta rubricata | firefinch, African | | Lagonosticta senegala | firefinch, red-billed | | Lagonosticta striata | munia, Bengalese; | | acutucauda | white-rumped munia | | Lonchura cantans | silver-bill, African | | Lonchura cucullata | munia, bronze | | Lonchura ferruginosa | munia, white-capped | | Lonchura flaviprymna | munia, yellow-rumped | | Lonchura malacca | munia, black-headed | | Lonchura punctulata | munia, scaly-breasted | | Lonchura striata | munia, white-rumped | | Neochmia modesta | finch, plum-headed | | Neochmia phaeton | finch, crimson (Australian fire) | | Neochmia ruficauda | finch, star | | Neochmia temporalis | firetail, red-browed | | Poephila acuticauda | finch, long-tailed | | Poephila cincta | finch, black-throated | | Poephila personata | finch, masked | | Pytilia afra | finch, orange-winged | | | pytilia | | Pytilia melba | finch, melba (green-winged | | | pytilia) | | Pytilia phoenicoptera | finch, red-winged pytilia | | Stagonopleura guttata | firetail, diamond | | Taeniopygia guttata | finch, zebra | | Uraeginthus bengalus | finch, cordon bleu | | | (red-cheeked) | | Uraeginthus cyanocephala | finch, blue-capped | | | cordon bleu | | Uraeginthus granatina | grenadier, common | | Uraeginthus ianthinogaster | grenadier, purple | | Vidua macroura | whydah, pin-tailed | | Vidua paradisaea | whydah, eastern paradise | | FAMILY Sylviidae | | | Cettia diphone | bush-warbler, Japanese | | Garrulax albogularis | laughingthrush, white-throated | | Garrulax canorus | hwamei | | Garrulax chinensis (males only) | laughingthrush, black-throated | | Garrulax leucolophus | laughingthrush, | | (males only) | white-crested | | Leiothrix argentauris | mesia, silver-eared | | (males only) | | | Leiothrix lutea | leiothrix, red-billed | | Minla cyanouroptera | minla, blue-winged | | ORDER Psittaciformes | | | FAMILY Psittacidae | | | Agapornis (all species in genus) | lovebird | | Alisterus (all species in genus) | parrot, king | | Amazona (all species in genus) | parrot, Amazon | | Anodorhynchus (all species in | macaw | | genus) | | | Aprosmictus (all species in genus) | parrot | | Ara (all species in genus) | macaw | | Aratinga (all species in genus | parakeet | | except A. nana astec) | | | Bolborhynchus lineola | parakeet, barred | | Cacatua (all species in genus) | "cockatoo, white" | | Callocephalon fimbriatum | cockatoo, Gang-gang | | Calyptorhynchus (all species | "cockatoo, black" | | in genus) | | | Cyanoliseus patagonus | conure, Patagonian; burrowing parakeet | | Cyanoramphus (all species in | parakeet | | genus) | | | Deroptyus accipitrinus | parrot, hawk-headed; red-fan parrot | | Eclectus roratus | parrot, eclectus | | Elophus roseicapillus | Galah | | Enicognathus (all species in | conure, slender-billed; | | genus) | parakeet | | Eunymphicus cornutus | parakeet, horned | | Leptosittaca branickii | parakeet, golden-plumed | | Melopsittacus undulatus | parakeet, budgerigar | | Neophema (all species in genus) | parrot | | Nymphicus [holandicus] hollandicus | cockatiel | | Pionus (all species in genus) | parrot | | Platycercus (all species in | rosella; ringneck | | genus) | | | Poicephalus (all species in genus) | parrot | | Polytelis (all species in genus) | parrot | | Probosciger aterrimus | cockatoo, Palm | | Psephotus (all species in genus) | parrot | | Psittacula alexandri | parakeet, moustache (red-breasted) | | Psittacula cyanocephala | parakeet, plum-headed | | Psittacula derbiana | parakeet, Lord Derby's (Derbyan's) | | Psittacula eupatria | parakeet, Alexandrine | | Psittacula himalayana | parakeet, slaty-headed | | Psittacula roseata | parakeet, rose-headed (blossom-headed) | | Psittacus erithacus | parrot, grey | | Purpureicephalus spurius | parrot, red-capped | | Pyrrhura (all species in genus) | parakeet | | Tanygnathus (all species in | parrot | | genus) | | | ORDER Turniciformes | | | FAMILY Turnicidae | | | Turnicidae (all species in family) | buttonquail | | MAMMALS | | | PHYLUM Chordata | | | CLASS Mammalia | | | ORDER Rodentia | | | FAMILY Caviidae | | | Cavia cobaya (=Cavia porcellus) | guinea pig | | FAMILY Chinchillidae | | | Chinchilla lanigera | chinchilla | | FAMILY Muridae | | | Mus muscuius | mice, domesticated | | Rattus sp. | rat, domesticated |

History

November 28, 2006

Haw. Code R. tit. 4, subtit. 6, ch. 71P LIST OF PROHIBITED ANIMALS

| SCIENTIFIC NAME | COMMON NAME | | --- | --- | | INVERTEBRATES | | | PHYLUM Annelida | | | CLASS Polychaeta | | | ORDER Phyllodocida | | | FAMILY Glyceridae | | | Glycera americana | bloodworm | | PHYLUM Arthropoda | | | CLASS Crustacea | | | ORDER Decapoda | | | FAMILY Coenobitidae | | | Coenobita clypeatus | crab, land hermit | | FAMILY Potamidae | | | Potamidae (all species in family) | crabs, freshwater | | CLASS Insecta | | | ORDER Hymenoptera | | | FAMILY Apidae | | | Apis mellifera | bee, honey (alive or dead) | | ORDER Lepidoptera | | | FAMILY Tortricidae | | | Cydia deshaisiana | moth, Mexican jumping bean | | PHYLUM Cnidaria | | | CLASS Cubozoa | | | ORDER Cubomedusae | | | FAMILY Chirodropidae | | | Chirodropidae (all species in family) | jellyfishes | | PHYLUM Mollusca | | | CLASS Bivalvia | | | ORDER Veneroida | | | FAMILY Corbiculidae | | | Corbicula fluminea | clam, freshwater (shijimi) | | CLASS Cephalopoda | | | ORDER Octopoda | | | FAMILY Octopobidae | | | Octopus maculosus | octopus, Australian | | Octopus maya | octopus | | AMPHIBIANS | | | PHYLUM Chordata | | | CLASS Amphibia | | | ORDER Caudata | | | FAMILY Amphiumidae | | | Amphiuma (all species in genus) | salamanders | | FAMILY Proteidae | | | Necturus (all species in genus) | salamanders | | FAMILY Sirenidae | | | Pseudobranchus striatus | salamander, dwarf | | Siren intermedia | siren, lesser | | Siren lacertina | siren, greater | | ORDER Salientia (Anura) | | | FAMILY Dendrobatidae Phyllobates (all species in genus) | frogs | | FAMILY Hylidae | | | Hyla septentrionalis | treefrog, Cuban |

FAMILY Pipidae Pipidae (all in family, except the following species for research and exhibition by government agencies: Pipa pipa (toad, surinam) and Xenopus laevis (frog, African clawed)

| SCIENTIFIC NAME | COMMON NAME | | --- | --- | | REPTILES | | | CLASS Reptilia | | | ORDER Squamata | | | Serpentes (all species in suborder, except for two male nonvenomous snakes for exhibition in a government zoo, and for four sterile male brown tree snakes, Boiga irregularis, for research or training of snake detector dogs by the department) | snakes | | FAMILY Helodermatidae | | | Heloderma sp. | gila monster | | FISHE | S | | CLASS Chonodrichthyes | | | ORDER Carcharhiniformes | | | FAMILY Carcharhinidae | | | Carcharhinus nicaraguensis | shark, Nicaraguan freshwater | | ORDER Myliobatiformes | | | FAMILY Dasyatidae | | | Dasyatidae (all species in family) | stingrays, freshwater | | ORDER Orectolobiformes | | | FAMILY Orectolobidae | | | Orectolobus maculatus | shark, spotted carpet; (shark, wobbegong) | | Orectolobus ornatus | shark, banded carpet | | ORDER Petromyzoniformes | | | FAMILY Petromyzonidae | | | Petromyzonidae (all species in family) | lampreys | | CLASS Osteichthyes | | | ORDER Amiiformes | | | FAMILY Amiidae | | | Amiidae (all species in family) | bowfins; dogfishes; mudfishes | | ORDER Anguilliformes | | | Anguilliformes (all species in order) | eels | | ORDER Atheriniformes | | | FAMILY Atherinidae | | | Atherinomorus stipes | silversides, hardhead | | FAMILY Belonidae | | | Belonidae (all species in family) | needlefishes | | FAMILY Hemirhamphidae | | | Hemirhamphidae (all species in family, except Dermogenys pusillus and Nomorhamphus celebensis) | halfbeaks | | FAMILY Poeciliidae | | | Belonesox belizanus | top minnow, pike | | ORDER Cypriniformes | | | FAMILY Characidae | | | Acestrorhynchus (all species in genus) | cachorros | | Catoprion (all species in genus) | piranha | | Hydrolycus (all species in genus) | characins | | Pygocentrus (all species in genus) | piranha | | Serrasalminae (all species in subfamily except the species in the following genera: Colossoma, pacu; Metynnis, silver dollar; Myleus, silver dollar; Myloplus, myloplus; and Mylossoma, pacu) | piranha | | Serrasalmo (all species in genus) | piranha | | Serrasalmus (all species in genus) | piranha | | FAMILY Gymnotidae | | | Electrophorus electricus | eel, electric | | ORDER Myctophiformes | | | FAMILY Synodontidae | | | Synodus (all species in genus) | lizard fishes | | ORDER Osteoglossiformes | | | FAMILY Osteoglossidae | | | Arapaima gigas | pirarucu | | ORDER Perciformes | | | FAMILY Channidae | | | Channidae; (Ophiocephaloidae) (all species in family, except Ophiocephalus striatus) | snake heads | | FAMILY Cichlidae | | | Batrachops (all species in genus) | cichlid, pike | | Crenicichla (all species in genus) | cichlid, pike | | FAMILY Eleotrididae | | | Dormitator maculatus | sleeper, spotted | | Eleotris (all species in genus) | sleepers | | Mogurnda mogurnda | gudgeon, purple striped | | FAMILY Sciaenidae | | | Pogonias cromis | drum, black | | Sciaenops ocellatus | drum, red | | FAMILY Sparidae | | | Pagrus major | bream, red sea | | ORDER Polypteriformes | | | FAMILY Polypteridae | | | Polypteridae (all species in family) | fishes, bichir | | ORDER Scorpaeniformes | | | FAMILY Scorpaenidae | | | Amblyapistus taenianotus | rouge fish | | Dendrochirus zebra | lion fish, zebra | | Inimicus didactylum | sea goblin, popeyed | | Paracentropogon longispinis | scorpion fish, wispy | | Pterois (all species in genus) | lion fishes | | Scorpaena (all species in genus) | scorpion fishes | | Scorpaenodes (all species in genus) | scorpion fishes | | Synanceia horrida | stone fish | | Synanceia verrucosa | stone fish | | Taenianotus triacanthus | leaf fish, sailfin | | ORDER Semionotiformes | | | FAMILY Lepisosteidae | | | Lepisosteidae (all species in family) | garpikes | | ORDER Siluriformes | | | FAMILY Ariidae | | | Ariidae (all species in family) | catfishes, ariid | | FAMILY Bagridae | | | Bagrichthys hypselopterus | catfish, black lancer | | Clarotes (all species in genus) | catfishes, clarotes | | FAMILY Clariidae | | | Clariidae (all species in family, except Clarias fuscus) | catfishes | | FAMILY Doradidae | | | Doradidae (all species in family) | catfishes, doradid | | FAMILY Malapteruridae | | | Malapterurus electricus | catfish, electric | | FAMILY Pimelodidae | | | Phractocephalus hemiliopterus | catfish, redtailed | | Pseudopimelodus transmontanus | catfish, Peruvian mottled | | Pseudoplatystoma fasciatum | catfish, tiger shovelnose | | FAMILY Plotosidae | | | Plotosidae (all species in family) | eels, catfish | | FAMILY Siluridae | | | Wallago attu | catfish, helicopter | | FAMILY Trichomycteridae | | | Vandellia cirrhosa | candiru | | ORDER Synbranchiformes | | | FAMILY Synbranchidae | | | Synbranchus afer | moray, freshwater | | Synbranchus marmoratus | moray, freshwater | | BIRDS | | | (Taxonomy after Sibley and Monroe 1990) | | | CLASS Aves | | | ORDER Apodiformes | | | FAMILY Trochilidae | | | Trochilidae (all species in family, except sexually dimorphic males for exhibition in government zoos only) | hummingbirds | | ORDER Columbiformes | | | FAMILY Columbidae | | | Alectroenas (all species in genus) | pigeons, fruit | | Cryptophaps (all species in genus) | pigeons, fruit | | Drepanopila (all species in genus) | doves, fruit | | Gymnophaps (all species in genus) | pigeons, fruit | | Hemiphaga (all species in genus) | pigeons, fruit | | Lopholaimus (all species in genus) | pigeons, fruit | | Phapitreron (all species in genus) | doves, fruit brown | | Sphenurus (all species in genus) | pigeons, fruit | | Treron (all species in genus) | pigeons, green fruit | | ORDER Galliformes | | | FAMILY Cracidae | | | Crax alector | curassow, crested | | Crax rubra | curassow, greater (Mexican) | | FAMILY Tetraonidae | | | Bonasa umbellus umbellus | grouse, ruffed | | ORDER Passeriformes | | | FAMILY Coerebidae | | | Coerebidae (all species in family) | honeycreepers | | FAMILY Corvidae | | | Corvus brachyrhynchos | crow, common | | Corvus cornix | crow, hooded | | Corvus corone | crow, carrion | | Corvus frugilegus | crow, rook | | Pica (all species in genus) | magpies | | FAMILY Dicaeidae | | | Dicaeum (all species in genus) | flowerpeckers | | FAMILY Emberizidae | | | Emberiza citrinella | bunting, yellow (yellow hammer) | | FAMILY Estrildidae | | | Aegintha temporalis | finch, Sydney waxbill (redbrowed) | | Chloropsis hardwickii | chloropsis, Hardwick's (orangebellied) | | Estrilda subflava subflava (Females only) | finch, goldbreasted (orangebreasted) | | Lagonosticta rara | finch (waxbill), blackbellied fire | | Lonchura castaneothorax | finch, chestnut breasted | | Lonchura striata | mannikin, striated; (munia, white back) | | Mandingoa nitidula | finch, greenbacked twinspot | | Padda oryzivora | sparrow, Java (white and gray) | | Poephila cincta cincta | finch, parson blackthroated | | Poephila personata | finch, masked | | Spermophaga haematina | finch, bluebill | | Steganopleura guttata | finch, diamond; (sparrow, diamond) | | FAMILY Fringillidae | | | Cardinalis phoeniceus | cardinal, vermilion | | Carduelis chloris | greenfinch European | | Fringilla coelebs | chaffinch | | Pyrenestes sanguineus | finch, seedcracker (crimson) | | Pyrrhula pyrrhula (=europosa) | bullfinch, common | | Sporophila torqueola | finch, whitecollared seedeater | | Zonaeginthus bellus | finch, firetail | | FAMILY Ibididae | | | Hesperiphona (all species in genus) | sugarbirds | | FAMILY Icteridae | | | Turdus merula | black bird, European | | Turdus viscivorus | thrush, mistle | | FAMILY Meliphagidae | | | Meliphagidae (all species in family) | honeyeaters | | FAMILY Nectariniidae | | | Nectariniidae (all species in family) | sunbirds | | FAMILY Oriolidae | | | Gymnomystax melanicterus | oriole, northern South American | | FAMILY Ploceidae | | | Foudia madagascariensis | weaver, Madagascar fody | | Passer domesticus | sparrow, house | | Ploceus philippinus | weaver baya | | FAMILY Pycnonotidae | | | Pycnonotus (all species in genus) | bulbuls | | Hysipetes (all species in genus) | bulbuls | | FAMILY Sturnidae | | | Acridotheres (all species in genus) | mynas | | Gracupica nigricollis | myna, blacknecked (blackheaded) | | Sturnus (all species in genus, except the following one species for exhibition in government zoos only: Sturnus nigricollis (starling, black collared) | starlings | | FAMILY Thraupidae | | | Thraupidae (all species in family, except males only of the following three species for exhibition in government zoos only: Piranga olivacea (tanager, scarlet); Ramphocelus dimidiatus (tanager, | tanagers | | crimson-backed); Thraupis episcopus (tanager, blue-grey)) | | | FAMILY Zosteropidae | | | Zosterops erythropleura | white eye, chestnutflanked |

ORDER Piciformes

FAMILY Rhamphastidae

Rhamphastidae (all in family, except the following nine species for exhibition in government zoos only: Pteroglossus beauharnaesii (aracari, curlcrested); Rhamphastos ambiguus swainsonii (toucan, bicolor); Ramphastos toco cuvieri (toucan, Cuvier's); Ramphastos discolorus (toucan, redbreasted); Ramphastos sulfuratus sulfuratus (toucan, sulfurbreasted); Ramphastos toco toco (toucan, toco); Ramphastos vitellinus ariel (toucan, ariel); Ramphastos vitellinus vitellinus (toucan, sulphur and white breasted); and Selenider maculirostris (toucanet, spot-billed)

ORDER Psittaciformes

FAMILY Loriidae

Loriidae (all in family, except the following nine species for exhibition in government zoos only: Chalcopsitta sintillata (lory, streaked); Eos bornea (lory, red); Eos squamata (lory, velvetnecked); Charmosyna papou golinthina (lory, Stella's); Lorius lory (lory, blackcapped); Trichoglossus haematodus (lory, rainbow); Trichoglossus johnstoniae (lorikeet, Johnstone's); Trichoglossus ribiginosus (lory, Ponape); and Vini peruviana (lory, Tahitian))

| FAMILY Psittacidae | | | --- | --- | | Aratinga nana astec | parrot, Aztec dwarf; (conure, Aztec) | | Bolbopsittacus lunulatus | parakeet, guaiabero | | Brotogeris chrysopterus | parakeet, goldenwinged | | Brotogeris pyrrhopterus | parakeet, greycheeked | | Brotogeris sanctithomae | parrot, bee bee; (Tui) | | Brotogeris versicolorus | parakeet, canarywinged | | Forpus (all species in genus) | parrolets; (dwarf, parrot) |

Loriculus (all in genus, except the following two species for exihibition in government zoos only: Loriculus galgulus (parrot, bluecrowned); and Loriculus philippensis (parrot, Philippine hanging))

| Micropsitta (all species in genus) | parrots, pygmy; (dwarf, parrot) | | --- | --- | | Myiopsitta monachus | parakeet, monk (quaker) | | Opopsitta (all species in genus) | parrots, fig |

| SCIENTIFIC NAME | COMMON NAME | | --- | --- | | Pionites leucogaster | caique, whitebellied | | Pionites melanocephala | caique, blackheaded | | MAMMAL | S | | PHYLUM Chordata (crosses with prohibited species) | animals, hybrid; (all hybrid-crosses where one or both parents are prohibited) | | Canis familiaris crossed with wolf, coyote, dingo, jackal, fox, dhole, African wild dog, racoon dog, bush dog, etc. | dog, hybrid; (all hybrid-crosses where one or both parents are prohibited or restricted) | | Felis catus crossed with lynx, ocelot, margay, puma, jaguarandi, bobcat, leopard cat, wild cat, etc. | cat, hybrid; (all hybrid-crosses where one or both parents are prohibited or restricted) | | CLASS Mammalia | | | ORDER Chiroptera | | | Chiroptera (all species in order) | bats | | FAMILY Pteropodidae | | | Pteropus (all species in genus) | foxes, flying | | ORDER Lagomorpha | | | FAMILY Leporidae | | | Lepus (all species in genus) | hares, wild |

ORDER Rodentia

FAMILY Cricetidae Cricetidae (all in family, except the following five species for research by government agencies only: Cricetulus griseus (mouse, Chinese); Gerbillus gerbillus (gerbil); Mesocricetus auratus (hamster); Meriones unguiculatus (gerbil); and Sigmondon hispidus (rat, cotton))

| SCIENTIFIC NAME | COMMON NAME | | --- | --- | | FAMILY Erethizontidae | | | Chaetomys subspinosus | porcupine, thin-spined | | Coendou (all species in genus) | porcupines, prehensile-tailed | | Echinoprocta rufescens | porcupine | | FAMILY Hystricidae | | | Atherurus (all species in genus) | porcupines, brush-tailed | | Hystrix (all in genus, except follow government zoos only: Hystrix cristata crested)) | ing species for exhibition in (porcupine, African | | Thecurus (all species in genus) | porcupines | | Trichys (all species in genus) | porcupines, long-tailed |

FAMILY Sciuridae Sciuridae (all in family, except the following two species for exhibition in government zoos only: Callosciurus prevosti (squirrel, prevost's) and Sciurus variegatoides (squirrel, variegated) and except all species in the genus Marmota for research in government universities only)

History

November 28, 2006

Haw. Code R. tit. 4, subtit. 6, ch. 71RA LIST OF RESTRICTED ANIMALS - FOR RESEARCH AND EXHIBITION

PART B: FOR PRIVATE AND COMMERCIAL USE

| SCIENTIFIC NAME | COMMON NAME | | --- | --- | | INVERTEBRATES | | | PHYLUM Annelida | | | CLASS Oligochaeta | | | ORDER Haplotaxida | | | FAMILY Lumbricidae | | | Lumbricus rubellus | earthworm, red | | PHYLUM Arthropoda | | | CLASS Crustacea | | | ORDER Amphipoda | | | FAMILY Gammaridae | | | Gammarus (all species in genus) | crustacean, freshwater; scud | | FAMILY Hyalellidae | | | Hyalella azteca | shrimps, imps (amphipod) | | ORDER Cladocera | | | FAMILY Sididae | | | Diaphanosoma (all species in genus) | flea, water | | ORDER Cyclopoida | | | FAMILY Cyclopidae | | | Cyclops (all species in genus) | copepod, freshwater | | ORDER Decapoda | | | FAMILY Alpheidae | | | Alpheus brevicristatus | shrimp, Japan (pistol) | | FAMILY Palinuridae | | | Panulirus gracilis | lobster, green spiny | | Panulirus (all species in genusexcept Panulirus argus, | lobster, spiny | | P. longipes femoristriga, | | | P. pencillatus) | | | FAMILY Pandalidae | | | Pandalus platyceros | shrimp, giant (prawn) | | FAMILY Penaeidae | | | Penaeus indicus | shrimp, penaeid | | Penaeus californiensis | shrimp, penaeid | | Penaeus japonicus | shrimp, wheel (ginger) | | Penaeus monodon | shrimp, jumbo tiger | | Penaeus orientalis (chinensis) | shrimp, penaeid | | Penaeus plebjius | shrimp, penaeid | | Penaeus schmitti | shrimp, penaeid | | Penaeus semisulcatus | shrimp, penaeid | | Penaeus setiferus | shrimp, white | | Penaeus stylirostris | shrimp, penaeid | | Penaeus vannamei | shrimp, penaeid | | ORDER Isopoda | | | FAMILY Asellidae | | | Asellus (all species in genus) | crustacean, freshwater | | ORDER Podocopina | | | FAMILY Cyprididae | | | Cypris (all species in genus) | ostracod, freshwater | | CLASS Insecta | | | ORDER Diptera | | | FAMILY Calliphoridae | | | Lucilia sericata | blow fly, green bottle | | ORDER Hymenoptera | | | FAMILY Braconidae | | | Cotesia plutellae | parasite, diamondback moth | | ORDER Lepidoptera | | | FAMILY Nymphalidae | | | Dryadula phaetusa | butterfly | | Eueides isabella | butterfly | | Heliconius charitonius | butterfly | | Heliconius erato | butterfly | | Heliconius hecale | butterfly | | Heliconius melpomene | butterfly | | Heliconius sara | butterfly | | Morpho menelaus | butterfly | | Morpho peleides | butterfly | | FAMILY Papilionidae | | | Ornithoptera priamus | butterfly | | Pachliopta aristolochiae | butterfly | | Pachliopta kotzebuea | butterfly | | Papilio thoas | butterfly | | Papilio ulysses | butterfly | | Parides iphidamas | butterfly | | Parides photinus | butterfly | | Trogonoptera brookiana | butterfly | | Troides helena | butterfly | | Troides rhadamanthus | butterfly | | PHYLUM Cnidaria | | | CLASS Anthozoa | | | ORDER Alcyonacea | | | FAMILY Alcyoniidae | | | Sarcophyton ehrenbergi | coral, leather | | Sarcophyton glaucum | coral, leather | | Sarcophyton trocheliophorum | coral, leather | | ORDER Scleractinia | | | FAMILY Acroporidae | | | Acropora aspersa | coral, stony | | Acropora austera | coral, stony | | Acropora elseyi | coral, stony | | Acropora formosa | coral, stony | | Acropora microphthalma | coral, stony | | Acropora nana | coral, stony | | PHYLUM Mollusca | | | CLASS Bivalvia | | | ORDER Pelecypoda | | | FAMILY Margaritiferidae | | | Margaritifera margaritifera | mussel, freshwater | | ORDER Pterioida | | | FAMILY Pteridae | | | Pinctada fucata | oyster, akoya | | Pinctada margaritifera | oyster, black lipped pearl | | Pinctada maxima | oyster, silver lipped pearl | | ORDER Unionoida | | | FAMILY Unionidae | | | Anodonta (all species in genus) | mussel, freshwater | | Proptera alata | mussel, freshwater | | Unio (all species in genus) | mussel, freshwater | | ORDER Veneroida | | | FAMILY Tridacnidae | | | Hippopus hippopus | clam, giant | | Tridacna crocea | clam, giant | | Tridacna derasa | clam, giant | | Tridacna gigas | clam, giant | | Tridacna hippopus | clam, giant | | Tridacna maxima | clam, giant | | Tridacna squamosa | clam, giant | | FAMILY Veneridae | | | Anodontia stearnsiana | clam, mangrove | | Mercenaria mercenaria x M. | clam, hybrid | | campechiensis | | | CLASS Gastropoda | | | ORDER Archaeogastropoda | | | FAMILY Trochidae | | | Trochus niloticus | topshell | | PHYLUM Nemata (=Nematoda) | | | CLASS Adenophorea | | | ORDER Trichocephalida | | | FAMILY Trichuridae | | | Trichuris trichiura | nematode | | CLASS Secernentea | | | ORDER Ascaridida | | | FAMILY Oxvuridae | | | Enterobius vermicularis | nematode | | ORDER Strongylida | | | FAMILY Trichostrongylidae | | | Trichostrongylus (all species in genus) | nematode | | ORDER Tylenchida | | | FAMILY Heteroderidae | | | Rotylenchus (all species in genus) | nematode | | AMPHIBIANS | | | PHYLUM Chordata | | | CLASS Amphibia | | | ORDER Caudata | | | FAMILY Salamandridae | | | Triturus boscai | newt | | Triturus italicus | newt, Italian | | Tylotriton verrocosus | newt, emperor | | ORDER Salientia | | | FAMILY Dendrobatidae | | | Dendrobates (all species in genus) | frog, poison arrow (poison dart) | | FAMILY Hylidae | | | Hyla vasta | treefrog, Haitian giant | | FAMILY Ranidae | | | Rana erythraea | frog, red-eared | | Rana jerboa | frog | | Rana limnocharis | frog, rice | | Rana pustulosa | frog | | REPTILES | | | PHYLUM Chordata | | | CLASS Reptilia | | | ORDER Squamata | | | FAMILY Chamaeleonidae | | | Chamaeleo jacksoni | chameleon, Jackson's | | FAMILY Iguanidae | | | Amblyrhynchus cristatus | iguana, Galapagos-marine | | Anolis carolinensis | chameleon, American | | Conolophus subcristatus | iguana, Galapagos-land | | FAMILY Scincidae | | | Emoia physicae | skink, ground | | Lobulia elegans | skink, ground | | Lobulia morokana | skink, ground | | Lobulia stanleyana | skink, ground | | ORDER Testudines | | | FAMILY Chelidae | | | Chelodina longicollis | turtle, Australian | | | side-neck | | FAMILY Cheloniidae | | | Chelonia mydas agassizii | turtle, green sea | | Lepidochelys olivacea | turtle, loggerhead (Ridley) | | FAMILY Emydidae | | | Batagur baska | turtle, Batagur | | Callagur borneoensis | turtle, giant river | | Chinemys kwangtungensis | turtle, Kwangtung pond | | Chinemys reevesi | turtle, Reeves | | Chrysemys (Pseudemys) | turtle, Alabama red-bellied | | alabamensis | | | Chrysemys (Pseudemys) | turtle, Plymouth | | rubriventris | red-bellied | | Cuora amboinensis | turtle, Malayan box | | Cuora flavomarginata | turtle, yellow-margined box | | Cuora galbinifrons | turtle, white-fronted box | | Cuora trifasciata | turtle, three-keeled box | | Cyclemys dentata | turtle, Asian leaf | | Geoclemys hamiltoni | turtle, black pond | | Geoemyda spengleri | turtle, black-bellied | | | notched | | Graptemys oculifera | turtle, ringed map | | Hardella thurji | turtle, Brahminy river | | Heosemys (all species in genus | turtle, cogwheel | | except H. grandis) | | | Hieremys annandalei | turtle, temple | | Kachuga (all species in genus) | turtle, roof | | Malaclemys terrapin | turtle, diamond back terrapin | | Mauremys (Annamemys) annamensis | turtle, Eurasian pond | | Melanochelys tricarinata | turtle, three-keeled Indian terrapin | | Melanochelys trijuga | turtle, black-bellied terrapin | | Morenia ocellata | turtle, ocellated peacock | | Morenia petersi | turtle, Peter's peacock | | Notochelys platynota | turtle, flat-back | | Ocadia sinensis | turtle, Chinese striped | | Orlitia borneensis | turtle, Bornean river | | Pyxidea mouhoti | turtle, Indian thorn | | Rhinoclemmys (Callopsis) | turtle, painted forest | | (all species in genus) | | | Sacalia bealei | turtle, six-eyed pond | | Siebenrockiella crassicollis | turtle, fat-headed | | Terrapene coahuila | turtle, aquatic box | | Trachemys (all species in genus) | turtle, slider | | FAMILY Kinosternidae | | | Kinosternon (all species in genus) | turtle, mud | | Staurotypus salvini | turtle, giant musk | | Staurotypus triporcatus | turtle, giant musk | | Sternotherus carinatus | turtle, keel-backed musk | | Sternotherus minor depressus | turtle, flattened musk | | Sternotherus minor minor | turtle, loggerhead musk | | Sternotherus minor peltifer | turtle, musk | | Sternotherus odoratus | turtle, stinkpot (common musk) | | FAMILY Testudinidae | | | Asterochelys radiata | tortoise, radiated | | Asterochelys yniphora | tortoise, angulated | | Chelonoidis elephantopus | tortoise, Galapagos | | Gopherus (Xerobates) agassizi | tortoise, desert | | Gopherus flavomarginatus | tortoise, Bolson | | Gopherus polyphemus | tortoise, gopher | | Indotestudo (all species in genus) | tortoise | | Kinixys belliana | tortoise, Bell's hinged | | Kinixys erosa | tortoise, Schweigger's hinge-back | | Kinixys homeana | tortoise, Homer's hinged | | Malacochersus tornieri | tortoise, pancake | | Manouria (all species in genus) | tortoise | | Psammobates geometricus | tortoise, cape geometric | | Pyxis arachnoides | tortoise, spider | | FAMILY Trionychidae | | | Chitra indica | turtle, narrow-headed soft-shell | | Cyclanorbis elegans | turtle, Nubian soft-shell | | Cyclanorbis senegalensis | turtle, Senegal soft-shell | | Cycloderma aubryi | turtle, Aubry's soft-shell | | Cycloderma frenatum | turtle, bridled soft-shell | | Lissemys punctata | turtle, Indian flap-shelled | | Pelochelys bibroni | turtle, giant soft-shell | | Trionyx (all species in genus) | turtle, soft-shell | | FISHES | | | PHYLUM Chordata | | | CLASS Chondrichthyes | | | ORDER Carcharhiniformes | | | FAMILY Carcharhinidae | | | Carcharhinus melanopterus | shark, black-tip reef | | Cephaloscyllium ventriosum | shark, swell | | FAMILY Hemigaleidae | | | Triaenodon obesus | shark, white-tip reef | | FAMILY Triakidae | | | Rhinnotriakis henlei | shark, smoothound | | Triakis semifasciatum | shark, leopard | | ORDER Heterodontiformes | | | FAMILY Heterodontidae | | | Heterodontus zebra | shark, highfin | | ORDER Orectolobiformes | | | FAMILY Brachaeluridae | | | Brachaelurus waddi | shark, blind | | FAMILY Ginglymostomatidae | | | Ginglymostoma cirratum | shark, nurse | | FAMILY Hemiscyllidae | | | Chiloscyllium colax | shark, banded | | Hemiscyllium ocellatum | shark, epaulette | | FAMILY Stegostomatidae | | | Stegostoma fasciatum | shark, zebra | | CLASS Osteichthyes | | | ORDER Acipenseriformes | | | FAMILY Acipenseridae | | | Acipenser transmontanus | sturgeon, white | | ORDER Atheriniformes | | | FAMILY Anablepidae | | | Anableps (all species in genus) | four-eyes | | Jenynsia (all species in genus) | livebearer | | FAMILY Goodeidae | | | Allodontichthys (all species in genus) | darter goodeid | | Alloophorus (all species in genus) | goodeid | | Allotoca (all species in genus) | goodeid | | Ameca (all species in genus) | goodeid | | Ataeniobius (all species in genus) | goodeid | | Chapalichthys (all species in genus) | goodeid | | Characodon (all species in genus) | goodeid | | Girardinichthys (all species in genus) | goodeid | | Goodea (all species in genus) | goodea | | Hubbsina (all species in genus) | goodeid | | Ilyodon (all species in genus) | goodeid | | Neoophorus (all species in genus) | goodeid | | Skiffia (all species in genus) | goodeid | | Xenoophorus (all species in genus) | goodeid | | Xenotaenia (all species in genus) | goodeid | | Xenotoca (all species in genus) | goodeid | | Zoogoneticus (all species in genus) | goodeid | | FAMILY Poeciliidae | | | Alfaro (all species in genus) | livebearer | | Brachyrhaphis (all species in genus) | bishop | | Carlhubbsia (all species in genus) | widow | | Cnesterodon (all species in genus) | millionfish | | Flexipenis (all species in genus) | mosquitofish | | Gambusia (all species in genus | mosquitofish | | except Gambusia amistadensis, | | | G. gaigei, G. georgei, | | | G. heterochir and G. nobilis) | | | Girardinus (all species in genus) | girardinus | | Heterandria (all species in genus) | mosquitofish | | Heterophallus (all species in genus) | strange-fin | | Limia (all species in genus) | molly | | Neoheterandria (all species in genus) | killifish | | Phallichthys (all species in genus) | widow | | Phalloceros (all species in genus) | livebearer | | Phalloptychus (all species in genus) | livebearer | | Phallotorynus (all species in genus) | livebearer | | Poecilia (all species in genus) | molly | | Poeciliopsis (all species in genus except | livebearer | | Poeciliopsis occidentalis) | | | Priapella (all species in genus) | livebearer | | Priapichthys (all species in genus) | diamond-scale | | Pseudopoecilia (all species in genus) | diamond-scale | | Quintana (all species in genus) | livebearer | | Scolichthys (all species in genus) | mosquitofish | | Tomeurus (all species in genus) | prongfin | | Xenodexia (all species in genus) | livebearer | | Xenophallus (all species in genus) | mosquitofish | | Xiphophorus (all species in genus) | platy | | ORDER Cypriniformes | | | FAMILY Cyprinidae | | | Aristichthys nobilis | carp, bighead | | Ctenopharyngodon idellus | carp, grass (white amur) | | Hypophthalmichthys molitrix | carp, silver | | Mylopharyngodon piceus | carp, black | | ORDER Gonorynchiformes | | | FAMILY Chanidae | | | Chanos chanos | milkfish | | ORDER Perciformes | | | FAMILY Centrarchidae | | | Micropterus salmoides | bass, Florida largemouth | | floridanus | | | FAMILY Centropomidae | | | Lates calcarifer | bass, Asian sea | | FAMILY Channidae | | | Ophiocephalus (Channa) striatus | pongee (snakehead) | | FAMILY Cichlidae | | | Oreochromis aureus | tilapia, blue | | Oreochromis mossambicus | tilapia, Mozambique | | Oreochromis spilurus | tilapia | | Paretroplus polyactis | cichlid, Damba | | Paretroplus sp. "lamena" | cichlid, Damba | | FAMILY Percichthyidae | | | Morone saxatalis x Morone chrysops | bass, hybrid striped | | FAMILY Potophaenidae | | | Coryphaena hippurus | mahimahi | | ORDER Pleuronectiformes | | | FAMILY Bothidae | | | Paralichthys olivaceus | flounder, Japanese (hirame) | | FAMILY Pleuronectidae | | | Hippoglossus hippoglossus | halibut, Atlantic | | Hippoglossus stenolepis | halibut, Pacific | | ORDER Salmoniformes | | | FAMILY Salmonidae | | | Oncorhynchus kisutch | salmon, coho | | Oncorhynchus mykiss | trout, rainbow | | Oncorhynchus tshawytscha | salmon, Chinook | | Salmo gairdnerii | trout, rainbow | | Salmo salar | salmon, atlantic | | ORDER Scorpaeniformes | | | FAMLY Anoplopomatidae | | | Anoplopoma fimbria | sablefish | | BIRDS | | | (Taxonomy after Sibley and Monroe 1990) | | | PHYLLUM Chordata | | | CLASS Aves | | | ORDER Anseriformes | | | FAMILY Anatidae | | | Aix galericulata | duck, mandarin | | Aix sponsa | duck, wood | | Alopochen aegyptiacus | goose, Egyptian | | Anas acuta | duck, north pintail | | Anas americana | wigeon (duck), American | | Anas bahamensis | duck, Bahama pintail | | | (white-cheeked) | | Anas capensis | duck (teal), cape | | Anas clypeata | duck, northern shoveler | | Anas crecca | duck (teal), green wing | | Anas cyanoptera | duck (teal), cinnamon | | Anas discors | duck (teal), blue wing | | Anas flavirostris | duck (teal), Chilean | | Anas penelope | duck, European wigeon | | | (Eurasian) | | Anas platyrhynchos laysanensis | duck (teal), Laysan | | Anas platyrhynchos wyvilliana | duck (teal), Hawaiian | | Anas sibilatrix | wigeon (duck), Chiloe | | Anas undulata | duck, African yellowbill | | Anser caerulescens | goose, lesser snow | | Anser canagicus | goose, emperor | | Anser indicus | goose, bar-headed | | Aythya americana | duck, red head | | Aythya fuligula | duck, tufted | | Aythya valisineria | duck, canvasback | | Biziura lobata | duck, musk | | Branta (Nesochen) sandvicensis | goose, nene | | Branta bernicla | goose, brant | | Branta canadensis | goose, Canadian | | Branta canadensis minima | goose, cackling (Canada) | | Branta ruficollis | goose, red-breasted | | Calonetta leucophrys | teal, ringed | | Cereopsis novaehollandiae | goose, Cape Barren | | Chloephaga melanoptera | goose, Andean | | Chloephaga picta leucoptera | goose, Andean (greater Magellan) | | Chloephaga poliocephala | goose, ashy-headed | | Cyanochen cyanopterus | goose, Abyssinian blue wing | | Cygnus (all species in genus) | swan | | Dendrocygna arborea | duck, black-billed whistling | | Dendrocygna arcuata | duck, wandering whistling | | Dendrocygna autumnalis | duck, red-billed whistling | | Dendrocygna bicolor | duck, fulvous tree | | | (fulvous whistling) | | Dendrocygna eytoni | duck, Eyton tree (plumed whistling) | | Dendrocygna viduata | duck, white-faced tree | | | (whistling) | | Heteronetta atricapilla | duck, black-headed | | Merganetta armata | duck, torrent | | Mergus cucullatus | duck, hooded merganser | | Mergus merganser | duck, goosander (merganser) | | Mergus octosetaceus | duck, Brazilian merganser | | Neochen jubatus | goose, Orinoco | | Netta erythrophthalma | pochard | | Netta peposaca | rosy-bill | | Netta rufina | pochard, red-crested | | Oxyura jamaicensis | duck, North American ruddy | | Sarkidiornis melanotos | duck, comb | | Somateria mollissima | duck, common eider | | Somateria mollissima dresseri | duck, American eider | | Tadorna (all species in genus) | shelduck | | ORDER Charadriiformes | | | FAMILY Scolopacidae | | | Numenius tahitiensis | curlew, bristle-thighed | | ORDER Ciconiiformes | | | FAMILY Ardeidae | | | Nycticorax nycticorax | heron, black-crowned night | | FAMILY Ciconiidae | | | Ciconia ciconia | stork, white | | Mycteriaibis | stork, yellow-billed | | FAMILY Phoenicopteridae | | | Phoeniconaias minor | flamingo, African lesser | | Phoenicopterus chilensis | flamingo, Chilean | | Phoenicopterus ruber | flamingo, rosy (scarlet), | | | American | | FAMILY Threskiornithidae | | | Ajaia ajaja | spoonbill, roseate | | Eudocimus ruber | ibis, scarlet | | Hagedashia hagedash | ibis, hadada | | Platalea alba | spoonbill, African | | Threskiornis aethiopicus | ibis, sacred | | ORDER Cuculiformes | | | FAMILY Musophagidae | | | Tauraco hartlaubi | turaco, blue-crested | | ORDER Gruiformes | | | FAMILY Gruidae | | | Anthropoides paradisea | crane, Stanley (paradise) | | Anthropoides virgo | crane, Demoiselle | | Balearica pavonina | crane, crown of Africa | | | (crowned) | | Grus antigone | crane, sarus | | Grus canadensis | crane, sandhill | | FAMILY Rallidae | | | Fulica americana alai | coot, Hawaiian | | Gallinula chloropus | gallinue, Hawaiian | | sandvicensis | | | ORDER Pelecaniformes | | | FAMILY Fregatidae | | | Fregata minor | frigate bird, great | | Fregata minor palmerstoni | frigate bird | | FAMILY Phaenthontidae | | | Phaethon lepturus | tropicbird, white-tailed | | Phaethon rubricauda | tropicbird, red-tailed | | FAMILY Sulidae | | | Sula dactylatra | booby, blue-faced (masked) | | Sula leucogaster | booby, brown | | Sula nebouxii | booby, blue-footed | | Sula sula | booby, red-footed | | ORDER Procellariiformes | | | FAMILY Diomedeidae | | | Diomedea immutabilis | albatross, Laysan | | Diomedea nigripes | albatross, black-footed | | ORDER Psittaciformes | | | FAMILY Psittacidae | | | Coracopsis nigra | parrot, black | | Coracopsis vasa | parrot, vasa | | Psittacula krameri | parakeet, rose-ringed | | | (ringnecked) | | Rhynchopsitta pachyrhyncha | parrot, thick-billed | | ORDER Sphenisciformes | | | FAMILY Spheniscidae | | | Spheniscidae (all species in family) | penguins | | ORDER Struthioniformes | | | FAMILY Struthionidae | | | Struthio camelus | ostrich | | MAMMALS | | | PHYLUM Chordata | | | CLASS Mammalia | | | ORDER Artiodactyla | | | FAMILY Bovidae | | | Aepyceros melampus | impala | | Ammotragus lervia | sheep, barbary (aoudad) | | Antilope cervicapra | antelope, blackbuck | | Bison bison | bison | | Capra falconeri | markhor | | Capra ibex | ibex | | Gazella dama | gazelle, dama | | Hippotragus niger | antelope, sable | | Oryx beisa beisa (=0. gazella beisa) | oryx, beisa | | Ovis musimon | sheep, mouflon | | Tragelaphus imberbis | kudu, lesser | | Tragelaphus oryx (=Taurotragus oryx) | eland, common | | Tragelaphus scriptus | bushbuck | | Tragelaphus strepsiceros | kudu, greater | | FAMILY Cervidae | | | Axis axis (=Cervis axis) | deer, axis | | Cervus elaphus | elk | | Rangifer tarandus | reindeer | | FAMILY Giraffidae | | | Giraffa sp. | giraffe | | ORDER Carnivora | | | FAMILY Mustelidae | | | Lutra persipicillata | otter, Malayan smooth | | FAMILY Otariidae | | | Zalophus californianus | sea lion | | FAMILY Phocidae | | | Monachus schauinslandii | seal, Hawaiian monk | | ORDER Diprotodontia (=Marsupialia) | | | FAMILY Macropodidae | | | Macropus eugenii | wallaby, dama | | Macropus robustus | wallaro, Woodward's | | Macropus rufogriseus | wallaby, Bennett's | | Macropus rufus | kangaroo, red | | ORDER Odontoceti (=Cetacea) | | | FAMILY Delphinidae | | | Globicephala macrorhynchus scammoni | whale, Pacific pilot | | Pseudorca crassidens | whale, false killer | | Tursiops truncatus | porpoise, bottlenosed | | ORDER Perissodactyla | | | FAMILY Equidae | | | Equus burchelli | zebra, plains | | Equus burchelli bohmi | zebra, Grant | | ORDER Pinnipedia | | | FAMILY Phocidae | | | Phoca vitulana | seal, harbor | | ORDER Primates | | | FAMILY Callithricidae | | | Callithricidae (all species in family) | monkey, marmosets, tamarins | | FAMILY Cebidae | | | Cebidae (all species in family) | monkey, new world | | FAMILY Cercopithecidae | | | Cercopithecidae (all species in family) | monkey, old world; | | | baboon; colobus; langur, | | | macaque | | FAMILY Hylobatidae | | | Hylobates (all species in genus) | gibbons | | FAMILY Lemuridae | | | Lemuridae (all species in family) | lemur, bush baby (Galago) | | FAMILY Lorisidae | | | Nycticebus coucang | loris, slow | | Perodicticus potto | potto | | FAMILY Pongidae | | | Gorilla gorilla | gorilla | | Pan troglodytes | chimpanzee | | Pan paniscus | chimpanzees | | Pongo pygmaeus | orangutan |

History

November 28, 2006
The amended version of this chapter by Hawaii Administrative Rules Listing of Filings, 2023-01, September, eff. 9/23/2023 is not yet available.

Haw. Code R. tit. 4, subtit. 6, ch. 71RB LIST OF RESTRICTED ANIMALS - FOR PRIVATE AND COMMERCIAL USE

PART B: FOR PRIVATE AND COMMERCIAL USE

| SCIENTIFIC NAME | COMMON NAME | | --- | --- | | INVERTEBRATES | | | PHYLUM Annelida | | | CLASS Oligochaeta | | | ORDER Haplotaxida | | | FAMILY Lumbricidae | | | Lumbricus rubellus | earthworm, red | | PHYLUM Arthropoda | | | CLASS Crustacea | | | ORDER Amphipoda | | | FAMILY Gammaridae | | | Gammarus (all species in genus) | crustacean, freshwater,- | | | scud | | FAMILY Hyalellidae | | | Hyalella azteca | shrimps, imps (amphipod) | | ORDER Cladocera | | | FAMILY Sididae | | | Diaphanosoma (all species in genus) | flea, water | | ORDER Cyclopoida | | | FAMILY Cyclopidae | | | Cyclops (all species in genus) | copepod, freshwater | | ORDER Decapoda | | | FAMILY Alpheidae | | | Alpheus brevicristatus | shrimp, Japan (pistol) | | FAMILY Palinuridae | | | Panulirus qracilis | lobster, green spiny | | Panulirus (all species in genus except Panulirus argus, P. lonqipes femoristriqa, P. pencillatus) | lobster, spiny | | FAMILY Pandalidae | | | Pandalus platyceros | shrimp, giant (prawn) | | FAMILY Penaeidae | | | Penaeus indicus | shrimp, penaeid | | Penaeus californiensis | shrimp, penaeid | | Penaeus japonicus | shrimp, wheel (ginger) | | Penaeus monodon | shrimp, jumbo tiger | | Penaeus orientalis (chinensis) | shrimp, penaeid | | Penaeus plebjius | shrimp, penaeid | | Penaeus schmitti | shrimp, penaeid | | Penaeus semisulcatus | shrimp, penaeid | | Penaeus setiferus | shrimp, white | | Penaeus stylirostris | shrimp, penaeid | | Penaeus vannamei | shrimp, penaeid | | ORDER Isopoda | | | FAMILY Asellidae | | | Asellus (all species in genus) | crustacean, freshwater | | ORDER Podocopina | | | FAMILY Cyprididae | | | Cypris (all species in genus) | ostracod, freshwater | | CLASS Insecta | | | ORDER Diptera | | | FAMILY Calliphoridae | | | Lucilia sericata | blow fly, green bottle | | ORDER Hymenoptera | | | FAMILY Braconidae | | | Cotesia plutellae | parasite, diamondback | | | moth | | ORDER Lepidoptera | | | FAMILY Nymphalidae | | | Dryadula phaetusa | butterfly | | Eueides isabella | butterfly | | Heliconius charitonius | butterfly | | Heliconius erato | butterfly | | Heliconius hecale | butterfly | | Heliconius melpomene | butterfly | | Heliconius sara | butterfly | | Morpho raenelaus | butterfly | | Morpho peleides | butterfly | | FAMILY Papilionidae | | | Ornithoptera priamus | butterfly | | Pachliopta aristolochiae | butterfly | | Pachliopta kotzebuea | butterfly | | Papilio thoas | butterfly | | Papilio ulysses | butterfly | | Parides iphidamas | butterfly | | Parides photinus | butterfly | | Troqonoptera brookiana | butterfly | | Troides helena | butterfly | | Troides rhadamanthus | butterfly | | ORDER Orthoptera | | | FAMILY Gryllidae | | | Acheta domesticus | cricket, house | | PHYLUM Cnidaria | | | CLASS Anthozoa | | | ORDER Alcyonacea | | | FAMILY Alcyoniidae | | | Sarcophyton ehrenbergi | coral, leather | | Sarcophyton glaucum | coral, leather | | Sarcophyton trocheliophorum | coral, leather | | ORDER Scleractinia | | | FAMILY Acroporidae | | | Acropora aspersa | coral, stony | | Acropora austera | coral, stony | | Acropora elseyi | coral, stony | | Acropora formosa | coral, stony | | Acropora microphthalma | coral, stony | | Acropora nana | coral, stony | | PHYLUM Mollusca | | | CLASS Bivalvia | | | ORDER Pelecypoda | | | FAMILY Margaritiferidae | | | Margaritifera margaritifera | mussel, freshwater | | ORDER Pterioida | | | FAMILY Pteridae | | | Pinctada fucata | oyster, akoya | | Pinctada margaritifera | oyster, black lipped | | | pearl | | Pinctada maxima | oyster, silver lipped | | | Pearl | | ORDER Unionoida | | | FAMILY Unionidae | | | Anodonta (all species in genus) | mussel, freshwater | | Proptera alata | mussel, freshwater | | Unio (all species in genus) | mussel, freshwater | | ORDER Veneroida | | | FAMILY Tridacnidae | | | Hippopus hippopus | clam, giant | | Tridacna crocea | clam, giant | | Tridacna derasa | clam, giant | | Tridacna gigas | clam, giant | | Tridacna hippopus | clam, giant -, | | Tridacna maxima | clam, giant | | Tridacna squamosa | clam, giant | | FAMILY Veneridae | | | Anodontia stearnsiana | clam, mangrove | | Mercenaria mercenaria x M. | clam, hybrid | | campechiensis | | | CLASS Gastropoda | | | ORDER Archaeogastropoda | | | FAMILY Trochidae | | | Trochus niloticus | topshell | | PHYLUM Nemata (=Nematoda) | | | CLASS Adenophorea | | | ORDER Trichocephalida | | | FAMILY Trichuridae | | | Trichuris trichiura | nematode | | CLASS Secernentea | | | ORDER Ascaridida | | | FAMILY Oxvuridae | | | Enterobius vermicularis | nematode | | ORDER Strongylida | | | FAMILY Trichostrongylidae | | | Trichostrongylus (all species in genus) | nematode | | ORDER Tylenchida | | | FAMILY Heteroderidae | | | Rotylenchus (all species in genus) | nematode | | AMPHIBIANS | | | PHYLUM Chordata | | | CLASS Amphibia | | | ORDER Caudata | | | FAMILY Salamandridae | | | Triturus boscai | newt | | Triturus italicus | newt, Italian | | Tylotriton verrocosus | newt, emperor | | ORDER Salientia | | | FAMILY Dendrobatidae | | | Dendrobates (all species in qenus) | frog, poison arrow | | | (poison dart) | | FAMILY Hylidae | | | Hyla vasta | treefrog, Haitian giant | | FAMILY Ranidae | | | Rana erythraea | frog, red-eared | | Rana jerboa | frog | | Rana limnocharis | frog, rice | | Rana pustulosa | frog | | REPTILES | | | PHYLUM Chordata | | | CLASS Reptilia | | | ORDER Squamata | | | FAMILY Chamaeleonidae | | | Chamaeleo iacksoni | chameleon, Jackson's | | FAMILY Iguanidae | | | Amblyrhynchus cristatus | iguana, Galapagos- | | | marine | | Anolis carolinensis | chameleon, American | | Conolophus subcristatus | iguana, Galapagos-land | | FAMILY Scincidae | | | Emoia physicae | skink, ground | | Lobulia eleqans | skink, ground | | Lobulia morokana | skink, ground | | Lobulia stanleyana | skink, ground | | ORDER Testudines | | | FAMILY Chelidae | | | Chelodina lonqicollis | turtle, Australian side-neck | | FAMILY Cheloniidae | | | Chelonia mydas aqassizii | turtle, green sea | | Lepidochelys olivacea | turtle, loggerhead (Ridley) | | FAMILY Emydidae | | | Bataqur baska | turtle, Batagur | | Callaqur borneoensis | turtle, giant river | | Chinemys kwanqtunqensis | turtle, Kwangtung pond | | Chinemys reevesi | turtle, Reeves | | Chrysemys (Pseudemys) | turtle, Alabama red- | | alabamensis | bellied | | Chrysemys (Pseudemys) | turtle, Plymouth | | rubriventris | red-bellied | | Cuora amboinensis | turtle, Malayan box | | Cuora flavomarginata | turtle, ye How-margined box | | Cuora galbinifrons | turtle, white-fronted box | | Cuora trifasciata | turtle, three-keeled box | | Cyclemys dentata | turtle, Asian leaf | | Geoclemys hamiltoni | turtle, black pond | | Geoemyda spengleri | turtle, black-bellied | | | notched | | Graptemys oculifera | turtle, ringed map | | Hardella thurji | turtle, Brahminy river | | Heosemys (all species in qenus except H. grandis) | turtle, cogwheel | | Hieremys annandalei | turtle, temple | | Kachuga (all species in genus) | turtle, roof | | Malaclemys terrapin | turtle, diamond back | | | terrapin | | Mauremys (Annamemys) | turtle, Eurasian pond | | annamensis | | | Melanochelys tricarinata | turtle, three-keeled | | | Indian terrapin | | Melanochelys trijuga | turtle, black-bellied | | | terrapin | | Morenia ocellata | turtle, ocellated | | | peacock | | Morenia petersi | turtle, Peter's peacock | | Notochelys platynota | turtle, flat-back | | Ocadia sinensis | turtle, Chinese striped | | Orlitia borneensis | turtle, Bornean river | | Pyxidea mouhoti | turtle, Indian thorn | | Rhinoclemmys (Callopsis) (all species in genus) | turtle, painted forest | | Sacalia bealei | turtle, six-eyed pond | | Siebenrockiella crassicollis | turtle, fat-headed | | Terrapene coahuila | turtle, aquatic box | | Trachemys (all species in genus) | turtle, slider | | FAMILY Kinosternidae | | | Kinosternon (all species in genus) | turt1e, mud | | Staurotypus salvini | turtle, giant musk | | Staurotypus triporcatus | turtle, giant musk | | Sternotherus carinatus | turtle, keel-backed musk | | Sternotherus minor depressus | turtle, flattened musk | | Sternotherus minor minor | turtle, loggerhead musk | | Sternotherus minor peltifer | turtle, musk | | Sternotherus odoratus | turtle, stinkpot(common musk) | | FAMILY Testudinidae | | | Asterochelys radiata | tortoise, radiated | | Asterochelys yniphora | tortoise, angulated | | Chelonoidis elephantopus | tortoise, Galapagos | | Gopherus (Xerobates) aqassizi | tortoise, desert | | Gopherus flavomarqinatus | tortoise, Bolson | | Gopherus polyphemus | tortoise, gopher | | Indotestudo (all species in genus) | tortoise | | Kinixys belliana | tortoise, Bell's hinged | | Kinixys erosa | tortoise, Schweigger's | | | hinge-back | | Kinixys homeana | tortoise, Homer's hinged | | Malacochersus tornieri | tortoise, pancake | | Manouria (all species in genus) | tortoise | | Psammobates geometricus | tortoise, cape | | | geometric | | Pyxi arachnoides | tortoise, spider | | FAMILY Trionychidae | | | Chitra indica | turtle, narrow-headed | | | soft-shell | | Cyclanorbis eleqans | turtle, Nubian soft-shell | | Cyclanorbis seneqalensis | turtle, Senegal sof t-shell | | Cycloderm aubryi | turtle, Aubry¹s soft-shell | | Cycloderma frenaturn | turtle, bridled soft-shell | | Lissemys punctata | turtle, Indian flap-shelled | | Pelochelys bibroni | turtle, giant soft-shell | | Trionyx (all species in genus) | turtle, soft-shell | | FISHES | | | PHYLUM Chordata | | | CLASS Chondrichthyes | | | ORDER Carcharhiniformes | | | FAMILY Carcharhinidae | | | Carcharhinus melanopterus | shark, black-tip reef | | Cephaloscyllium ventriosum | shark, swell | | FAMILY Hemigaleidae | | | Triaenodon obesus | shark, white-tip reef | | FAMILY Triakidae | | | Rhinnotriakis henlei | shark, smoothound | | Triakis semifasciatum | shark, leopard | | ORDER Heterodontiformes | | | FAMILY Heterodontidae | | | Heterodontus zebra | shark, highf in | | ORDER Orectolobiformes | | | FAMILY Brachaeluridae | | | Brachaelurus waddi | shark, blind | | FAMILY Ginglymostomatidae | | | Ginglymostoma cirratum | shark, nurse | | FAMILY Hemiscyllidae | | | Chiloscyllium colax | shark, banded | | Hemiscyllium ocellatum | shark, epaulette | | FAMILY Stegostomatidae | | | Stegostoma fasciatum | shark, zebra | | CLASS Osteichthyes | | | ORDER Acipenseriformes | | | FAMILY Acipenseridae | | | Acipenser transmontanus | sturgeon, white | | ORDER Atheriniformes | | | FAMILY Anablepidae | | | Anableps (all species in genus) | four-eyes | | Jenynsia (all species in genus) | livebearer | | FAMILY Goodeidae | | | Allodontichthys (all species in genus) | darter goodeid | | Alloophorus (all species in genus) | goodeid | | Allotoca (all species in genus) | goodeid | | Ameca (all species in genus) | goodeid | | Ataeniobius (all species in genus) | goodeid | | Chapalichthys (all species in genus) | goodeid | | Characodon (all species in genus) | goodeid | | Girardinichthys (all species in genus) | goodeid | | Goodea (all species in genus) | goodea | | Hubbsina (all species in genus) | goodeid | | Ilyodon (all species in genus) | goodeid | | Neoophorus (all species in genus) | goodeid | | Skiffia (all species in genus) | goodeid | | Xenoophorus (all species in genus) | goodeid | | Xenotaenia (all species in genus) | goodeid | | Xenotoca (all species in genus) | goodeid | | Zoogoneticus {all species in genus) | goodeid | | FAMILY Poeciliidae | | | Alfaro (all species in genus) | livebearer | | Brachyrhaphis (all species in genus) | bishop | | Carlhubbsia (all species in genus) | widow | | Cnesterodon (all species in genus) | millionfish | | Flexipenis (all species in genus) | mosquitofish | | Gambusia (all species in genus | mosquitofish | | except Gambusia amistadensis, | | | G. gaigei, G. georgei, | | | G. heterochir and G. nobilis) | | | Girardinus (all species in genus) | girardinus | | Heterandria (all species in genus) | mosquitofish | | Heterophallus (all species in genus) | strange-fin | | Limia (all species in genus) | molly | | Neoheterandria (all species in genus) | killifish | | Phallichthys (all species in genus) | widow | | Phalloceros {all species in genus) | livebearer | | Phalloptychus (all species in genus) | livebearer | | Phallotorynus (all species in genus) | livebearer | | Poecilia (all species in genus) | molly | | Poeciliopsis (all species in genus except Poeciliopsis occidentalis) | livebearer | | Priapella (all species in qenus) | livebearer | | Priapichthys (all species in genus) | diamond-scale | | Pseudopoecilia (all species in genus) | diamond-scale | | Quintana (all species in genus) | livebearer | | Scolichthys (all species in genus) | mosquitofish | | Tomeurus (all species in genus) | prongfin | | Xenodexia (all species in genus) | livebearer | | Xenophallus (all species in genus) | mosquitofish | | xiphophorus (all species in genus) | platy | | ORDER Cypriniformes | | | FAMILY Cyprinidae | | | Aristichthys nobilis | carp, bighead | | Ctenopharyngodon idellus | carp, grass (white amur) | | Hypophthalmichthys molitrix | carp, silver | | Mylopharyngodon piceus | carp, black | | ORDER Gonorynchiformes | | | FAMILY Chanidae | | | Chanos chanos | milkfish | | ORDER Perciformes | | | FAMILY Centrarchidae | | | Micropterus salmoides | bass, Florida | | floridanus | largemouth | | FAMILY Centropomidae | | | Lates calcarifer | bass, Asian sea | | FAMILY Channidae | | | Ophiocephalus (Channa) striatus | pongee (snakehead) | | FAMILY Cichlidae | | | Oreochromi saureus | tilapia, blue | | Oreochromis mossambicus | tilapia, Mozambique | | Oreochromis niloticus | tilapia, Nile | | Oreochromis spilurus | tilapia | | Paretroplus polyactis | cichlid, Damba | | Paretroplus sp. "lamena" | cichlid, Damba | | FAMILY Percichthyidae | | | Morone saxatalis x Morone chrysops | bass, hybrid striped | | FAMILY Potophaenidae | | | Coryphae hippurus | mahimahi | | ORDER Pleuronectiformes | | | FAMILY Bothidae | | | Paralichthys olivaceus | flounder, Japanese (hirame) | | FAMILY Pleuronectidae | | | Hippoglossus hippoqlossus | halibut, Atlantic | | Hippoqlossus stenolepis | halibut, Pacific | | ORDER Salmon! formes | | | FAMILY Salmonidae | | | Oncorhynchus kisutch | salmon, coho | | Oncorhynchus mykiss | trout, rainbow | | Oncorhynchus tshawytscha | salmon, Chinook | | Salmo qairdnerii | trout, rainbow | | Salmo salar | salmon, atlantic | | ORDER Scorpaeniformes | | | FAMLY Anoplopomatidae | | | . Anoplopoma fimbria | sablefish | | BIRDS (Taxonomy after Sibley and Monroe 1990) | | | PHYLLUM Chordata | | | CLASS Aves | | | ORDER Anseriformes | | | FAMILY Anatidae | | | Aix galericulata | duck, mandarin | | Aix sponsa | duck, wood | | Alopochen aegyptiacus | goose, Egyptian | | Anas acuta | duck, north pintail | | Anas bahamensis | duck, Bahama pintail | | | (white-cheeked) | | Anas capensis | duck (teal), cape | | Anas clypeata | duck, northern shoveler | | Anas crecca | duck (teal), green wing | | Anas cyanoptera | duck (teal), cinnamon | | Anas discors | duck (teal), blue wing | | Anas flavirostris | duck (teal), Chilean | | Anas penelope | duck, European wigeon | | | (Eurasian) | | Anas platyrhynchos laysanensis | duck (teal), Laysan | | Anas platyrhynchos wyvilliana | duck (teal), Hawaiian | | Anas sibilatrix | wigeon (duck), Chiloe | | Anas undulata | duck, African | | | yellowbill | | Anser caerulescens | goose, lesser snow | | Anser canaqicus | goose, emperor | | Anser indicus | goose, bar-headed | | Aythya americana | duck, red head | | Aythya fuligula | duck, tufted | | Aythya valisineria | duck, canvasback | | Biziura lobata | duck, musk | | Branta (Nesochen) sandvicensis | goose, nene | | Branta bernicla | goose, brant | | Branta canadensis | goose, Canadian | | Branta canadensis minima | goose, cackling | | | (Canada) | | Branta ruficollis | goose, red-breasted | | Calonetta leucophrys | teal, ringed | | Cereopsis novaehollandiae | goose, Cape Barren | | Chloephaqa melanoptera | goose, Andean | | Chloephaga picta leucoptera | goose, Andean (greater Magellan) | | Chloephaqa poliocephala | goose, ashy-headed | | Cyanochen cyanopetrus | goose, Abyssinian blue | | | wing | | Cygnus (all species in genus) | swan | | Dendrocyqna arborea | duck, black-billed | | | whistling | | Dendrocyqna arcuata | duck, wandering | | | whistling | | Dendrocyqna autumnalis | duck, red-billed | | | whistling | | Dendrocygna bicolor | duck, fulvous tree | | | (fulvous whistling) | | Dendrocyqna eytoni | duck, Eyton tree (plum | | | whistling) | | Dendrocygna viduata | duck, white-faced tree | | | (whistling) | | Heteronetta atricapilla | duck, black-headed | | Merqanetta armata | duck, torrent | | Mergus cucullatus | duck, hooded merganser | | Merqus merqanser | duck, goosander | | | (merganser) | | Merqus octosetaceus | duck, Brazilian | | | merganser | | Neochen jubatus | goose, Orinoco | | Netta erythrophthalma | pochard | | Netta peposaca | rosy-bill | | Netta rufina | pochard, red-crested | | Oxyura jamaicensis | duck, North American | | | ruddy | | Sarkidiornis melanotos | duck, comb | | Somateria mollissima | duck, common eider | | Somateria mollissima dresseri | duck, American eider | | Tadorna (all species in qenus) | shelduck | | ORDER Charadriiformes | | | FAMILY Scolopacidae | | | Numenius tahitiensis | curlew, bristle-thighed | | ORDER Ciconiiformes | | | FAMILY Ardeidae | | | Nycticorax nycticorax | heron, black-crowned | | | night | | FAMILY Ciconiidae | | | Ciconia ciconia | stork, white | | Mycteria ibis | .stork, yellow-billed | | FAMILY Phoenicopteridae | | | Phoeniconaias minor | flamingo, African lesser | | Phoenicopterus chilensis | flamingo, Chilean | | Phoenicopterus ruber | flamingo, rosy (scarlet), American | | FAMILY Threskiornithidae | | | Ajaia ajaja | spoonbill, roseate | | Eudocimus ruber | ibis, scarlet | | Haqedashia hagedash | ibis, hadada | | Platalea alba | spoonbill, African | | Threskionis aethiopicus | ibis, sacred | | ORDER Cuculiformes | | | FAMILY Musophagidae | | | Tauraco hartlaubi | turaco, blue-crested | | ORDER Gruiformes | | | FAMILY Gruidae | | | Anthropoides paradisea | crane, Stanley (paradise) | | Anthropoides virgo | crane, Demoiselle | | Balearica pavonina | crane, crown of Africa (crowned) | | Grus antiqone | crane, sarus | | Grus canadensis | crane, sandhill | | FAMILY Rallidae | | | Fulica americana alai | coot, Hawaiian | | Gallinula chloropus | gal1inue, Hawaiian | | sandvicensis | | | ORDER Pelecaniformes FAMILY Fregatidae | | | Freqata minor | frigate bird, great | | Freqata minor palmerstoni | frigate bird | | FAMILY Phaenthontidae | | | Phaethon lepturus | tropicbird, white-tailed | | Phaethon rubricauda | tropicbird, red-tailed | | FAMILY Sulidae | | | Sula dactylatra | booby, blue-faced (masked) | | Sula leucogaster | booby, brown | | Sula nebouxii | booby, blue-footed | | Sula sula | booby, red-footed | | ORDER Procellariiformes | | | FAMILY Diomedeidae | | | Diomedea immutabilis | albatross, Laysan | | Diomedea nigripes | albatross, black-footed | | ORDER Psittaciformes | | | FAMILY Psittacidae | | | Coracopsis nigra | parrot, black | | Coracopsis vasa | parrot, vasa | | Psittacula krameri | parakeet, rose-ringed (ringnecked) | | Rhynchopsitta pachyrhyncha | parrot, thick-billed | | ORDER Sphenisciformes | | | FAMILY Spheniscidae | | | Spheniscidae (all species in family) | penguins | | ORDER Struthioniformes | | | FAMILY Struthionidae | | | Struthio camelus | ostrich | | MAMMALS | | | PHYLUM Chordata | | | CLASS Mammalia | | | ORDER Artiodactyla | | | FAMILY Bovidae | | | Aepyceros melampus | impala | | Ammotragus lervia | sheep, barbary (aoudad) | | Antilope cervicapra | antelope, blackbuck | | Bison bison | bison | | Bubalus bubalis | water buffalo | | Capra falconeri | markhor | | Capra ibex | ibex | | Gazella dama | gazelle, dama | | Hippotraqus niqer | antelope, sable | | Oryx beisa beisa (=0. gazella beisa) | oryx, beisa | | Ovis musimon | sheep, moufIon | | Tragelaphus imberbis | kudu, lesser | | Tragelaphus oryx (=Taurotraqus oryx) | eland, common | | Traqelaphus scriptus | bushbuck | | Tragelaphus strepsiceros | kudu, greater | | FAMILY Cervidae | | | Axis axis (=Cervis axis) | deer, axis | | Cervus elaphus | elk | | Rangifer tarandus | reindeer | | FAMILY Giraffidae | | | Giraffa sp. | giraffe | | ORDER Carnivora | | | FAMILY Mustelidae | | | Lutra persipicillata | otter, Malayan smooth | | FAMILY otariidae | | | Zalophus californianus | sea lion | | FAMILY Phocidae | | | Monachus schauinslandii | seal, Hawaiian monk | | ORDER Diprotodontia (=Marsupialia) | | | FAMILY Macropodidae | | | Macropus eugenii | wallaby, dama | | Macropus robustus | wallaro, Woodward's | | Macropus rufogriseus | wallaby, Bennett's | | Macropus rufus | kangaroo, red | | ORDER Odontoceti (=Cetacea) | | | FAMILY Delphinidae | | | Globicephala macrorhynchus scammoni | whale, Pacific pilot | | Pseudorca crassidens | whale, false killer | | Tursiops truncatus | porpoise, bottlenosed | | ORDER Perissodactyla | | | FAMILY Equidae | | | Equus burchelli | zebra, plains | | Equus burchelli bohmi | zebra, Grant | | ORDER Pinnipedia | | | FAMILY Phocidae | | | Phoca vitulana | seal, harbor | | ORDER Primates | | | FAMILY Callithricidae Callithricidae (all species in tamarins family) (Prohibited for short-term performance or exhibition in circuses, carnivals, or state fairs. Allowed for short-term performance for commercial filming, for exhibition in government zoos, or for other purposes permitted under section 4-71-6.5) | monkey, marmosets, | | FAMILY Cebidae Cebidae (all species in family) (Prohibited for short-term performance or exhibition in circuses, carnivals, or state fairs. Allowed for short-term performance for commercial filminq, for exhibition in government zoos, or for other purposes permitted under section 4-71-6.5) | monkey, new world | | FAMILY Cercopithecidae Cercopithecidae (all species in family) (Prohibited for short-term performance or exhibition in circuses, carnivals, or state fairs. Allowed for short-term performance for commercial filming, for exhibition in government zoos, or for other purposes permitted under section 4-71-6.5) | monkey, old world; baboon; colobus; langur, Mac aque | | FAMILY Hylobatidae Hylobates (all species in qenus) (Prohibited for short-term performance or exhibition in circuses, carnivals, or state fairs. Allowed for short-term performance for commercial filming, for exhibition in government zoos, or for other purposes permitted under section 4-71-6.5) | gibbons | | FAMILY Lemuridae Lemuridae (all species in family) (Prohibited for a short-term performance or exhibition in circuses, carnivals, or state fairs. Allowed for short-term performance for commercial filming, for exhibition in government zoos, or for other purposes permitted under section 4-71-6.5) | lemur, bush baby (Galago) | | FAMILY Lorisidae Nycticebus coucang (Prohibited for short-term performance or exhibition in circuses, carnivals, or state fairs. Allowed for short-term performance for commercial filming, for exhibition in government zoos, or for other purposes permitted under section 4-71-6.5) | loris, slow | | Perodicticus potto (Prohibited for short-term performance or exhibition in circuses, carnivals, or state fairs. Allowed for short-term performance for commercial filming, for exhibition in government zoos, or for other purposes permitted under section 4-71-6.5) | potto | | FAMILY Pongidae Gorilla gorilla (Prohibited for short-term performance or exhibition in circuses, carnivals, or state fairs. Allowed for short-term performance for commercial filming, for exhibition in government zoos, or for other purposes permitted under section 4-71-6.5) | gorilla | | Pan troglodytes (Prohibited for short-term performance or exhibition in circuses, carnivals, or state fairs. Allowed for short-term performance for commercial filming, for exhibition in government zoos, or for other purposes permitted under section 4-71-6.5) | chimpanzee | | Pan paniscus (Prohibited for short-term performance or exhibition in circuses, carnivals, or state fairs. Allowed for short-term performance for commercial filming, for exhibition in government zoos, or for other purposes permitted under section 4-71-6.5) | chimpanzees | | Pongo pygmaeus (Prohibited for short-term performance or exhibition in circuses, carnivals, or state fairs. Allowed for short-term, performance for commercial filming, for exhibition in government zoos, or for other purposes permitted under section 4-71-6.5) | orangutan |

Subtitle 8 DIVISION OF AGRICULTURAL RESOURCE MANAGEMENT

Haw. Code R. tit. 4, subtit. 8, ch. 162 Food Safety Certification Cost Grant Program

History

The adopted version of this chapter by Hawaii Administrative Rules Listing of Filings, 2018-01, October, eff. 10/27/2018 is not yet available.

Subtitle 3 DIVISION OF ANIMAL INDUSTRY

Chapter 16 CATTLE, BISON, WATER BUFFALO, CAMELIDS, SHEEP, AND GOATS

Subchapter 4 GOATS and CAMELIDS

Haw. Code R. tit. 4, subtit. 3, ch. 16, subch. 4, exh. A

Required Interisland Livestock Shipping Standards | CATTLE

| SHIPPING METHOD | Trailers, 20' containers, 40' containers, shipping pens. Must be 4-sided, structurally sound and without protruding objects that could injure animals. Must have four sided forklift pockets to ensure container cannot shift or tip off fork lift during lifting. | | | | | | --- | --- | --- | --- | --- | --- | | LEAK PROOF | All shipping trailers/containers shall be watertight up to a level of 2" and nonslip flooring is required. | | | | | | SIDES | Sides shall be solid up to the level of the animals' backs or window guards should be indented to prevent discharge. | | | | | | WINDOWS | Escape proof. Must contain entire animal. Tall enough to be above the backs of the animals or with 6" indented bars to prevent fecal discharge and allow proper airflow* *Window openings should be at least 7% of the area of the side panel surface to ensure proper ventilation | | | | | | ROOF | Must have a solid roof to protect from the sun, rain, and contain the animal entirely. | | | | | | WATER | Not required for trips < 24hrs; must have some form of watering system in case of transit delay. Please bring your own water when possible. | | | | | | FEED | Not required for trips < 24hrs. | | | | | | SPACE | *See table. | | | | | | TRAILERS DELIVERING LIVESTOCK | All livestock trailers entering into the harbor must be constructed to contain animal fecal matter and urine. | | | | | | TRANSFERAREA & STAGING AREA | In secured DOT designated area only. Water should be available nearby. | | | | | | TRANSFER PROCESS (TRAILER TO CONTAINER) | Trailer with slide or inward opening gate abut flush to container with slide or inward opening gates. | | | | | | OR TRANSFER PROCESS (DOT CHUTE) | Secure chute gates to trailer and container, if DOT chute is available. | | | | | | SPILLAGE | All spillage must be cleaned up and removed from harbor. To comply with EPA, no water should be used to clean, the shipper must bring shovel, broom, etc to clean area. All shipping containers that remain in the harbor must be cleaned out and material hauled away, A fine/fee will be imposed if spillage is not cleaned. | | | | | | *These space requirements only pertain to Hawaii Interisland transportation and do not pertain to Interstateshipping. | | | | | | | AVG. BODYWEIGHT (lbs) | AREA PER ANIMAL (ft²) | HEIGHT (ALL SPECIES) | 20' CONTAINER (max number to load) | 40' CONTAINER (max number to load) | 40'X2 DOUBLEDECKER (w/ feeder and water units) (max number to load) | | 400 | 6.5 | Stand comfortably, ensure head clearance | 23 | 46 | 70 | | 500 | 7.5 | 20 | 40 | 61 | | | 600 | 8.5 | 17 | 36 | 54 | | | 800 | 10.4 | 14 | 29 | Over height limit | | | 1,000 | 13 | 11 | 23 | Over height limit | | | 1,200 | 14.7 | 10 | 21 | Over height limit | | | 1,400 | 18 | 8 | 17 | Over height limit | |

Required interisland Livestock Shipping Standards | Slieep/Goats

| SHIPPING METHOD | Trailers, 20' containers, 40' containers, shipping pens. Must be structurally sound and without protruding objects that could injure animals. Must have four sided forklift pockets to ensure container cannot shift or tip off the forklift during lifting. | | --- | --- | | LEAK PROOF | All shipping trailers/containers shall be watertight up to a level of 2" minimum absorptive bedding and nonslip flooring is required. | | SIDES | Sides shall be solid up to the level of the animals' backs. | | WINDOWS | Escape proof. Must contain entire animal. Tall enough to be above the backs of the animals or with 3" indented bars to prevent fecal discharge. | | ROOF | Must have a solid roof to protect from the sun, rain, and contain the animal entirely. | | WATER | Not required for trips < 24hrs; must have some form of watering system in case of transit delay. Please bring your own water when possible. | | FEED | Not required for trips < 24hrs. | | SPACE | *See table. | | TRAILERS DELIVERING LIVESTOCK | All livestock trailers entering into the harbor must be constructed to contain animal's fecal matter and urine, and contain bedding material. | | TRANSFER AREA & STAGING AREA | In DOT designated area only. Water should be available nearby. | | TRANSFER PROCESS (TRAILERTO CONTAINER) | Trailer with slide or inward opening gate abut flush to container with slide or inward opening gates. | | OR TRANSFER PROCESS (DOT CHUTE) | Secure chute gates to trailer and container, if DOT chute is available. Block space between trailer back gate floor and ground, | | SPILLAGE | All spillage must be cleaned up and removed from harbor. To comply with EPA, no water should be use to clean, the shipper must bring shovel, broom, etc to clean area. All shipping containers that remain in the harbor must be cleaned out and material hauled away. A fine/fee will be imposed if spillage is not cleaned. |

| *These space requirements only pertain to Hawaii interisland transportation and do not pertain to interstateshipping. | | | | | | | --- | --- | --- | --- | --- | --- | | AVG. BODY WEIGHT (lbs) | AREA PER ANIMAL (ft²) | HEIGHT (ALL SPECIES) | 20' CONTAINER (max number to load) | 40' CONTAINER (max number to load) | 40'X2 DOUBLEDECKER (w/o feeders and water units) (max number to load) | | 60 | 2.2 | Stand comfortably, ensure head clearance | 67 | 137 | 240 | | 80 | 2.5 | 59 | 121 | 211 | | | 100 | 2.8 | 53 | 107 | 189 | | | 120 | 3.4 | 44 | 89 | 156 | |

History

Eff. 12/22/2023

Subtitle 6 DEPARTMENT OF AGRICULTURE

Chapter 68 NOXIOUS WEED RULES

Haw. Code R. tit. 4, subtit. 6, ch. 68, List of Plant Species Designated as Noxious Weeds for Eradication or Control Purposes by the Hawaii Department Of Agriculture List of Plant Species Designated as Noxious Weeds for Eradication or Control Purposes by the Hawaii Department Of Agriculture

| Scientific Name | Common Name | Islands Free or Relatively Free | | --- | --- | --- | | Acacia mearnsii | black wattle | Molokai | | Acaena novae-zelandiae | New Zealand bur, piripiri | All islands | | Acroptilon repens | Russian knapweed | All islands | | Aeschynomene indica | Kat sola, Indian jointvetch | All islands | | Ageratina adenophora | croftonweed, Maui pamakani | Hawaii, Kauai | | Ageratina riparia | creeping croftonweed, Hamakua pamakani | Kauai | | Allium vineale | wild garlic | All islands | | Andropogon bicornis | West Indian Foxtail | Maui, Lanai, Molokai, Oahu, Kauai | | Andropogon virginicus | broomsedge | Molokai, Lanai, Oahu, Kauai | | Anredera cordifolia | Madeira vine | Maui | | Ardisia elliptica | shoebutton ardisia | Maui, Molokai, Lanai, Oahu, Kauai | | Bocconia frutescens | plume poppy | All islands | | Cardaria pubescens | hairy whitetop | All islands | | Cereus uruguayanus | spiny tree cactus, Peruvian apple | All islands | | Chromolaena odorata | siamweed, bitterbush | All islands | | Cirsium arvense | Canada thistle | All islands | | Clidemia hirta var. hirta | Koster's curse, curse | Kauai, Lanai | | Coccinia grandis | ivy gourd | Hawaii, Maui, Molokai, Lanai, Kauai | | Convolvulus arvensis | field bindweed | All islands | | Cortaderia jubata | | All islands | | Cymbopogon refractus | barbwire grass | Lanai, Oahu | | Cyperus esculentus | yellow nutsedge | Maui, Oahu, Lanai, Kauai, Molokai | | Cytisus monspessulanus | French broom | All islands | | Cytisus scoparius | Scotch broom | All islands | | Dichrostachys nutans | marabu | All islands | | Elephantopus mollis | elephantopus, elephant's foot | Maui, Oahu, Lanai | | Elytrigia repens | quackgrass | All islands | | Emex spinosa | spiny emex | Lanai, Kauai | | Eriocereus martinii | moon cactus | All islands | | Euphorbia esula | leafy spurge | All islands | | Grevillea banksii | kahiliflower, Bank's grevillea | Lanai, Maui, Molokai | | Halogeton glomeratus | halogeton | All islands | | Hyptis pectinata | comb hyptis | Kauai, Molokai, Lanai, Oahu | | Hyptis suaveolens | wild spikenard | All islands | | Imperata cylindrica | cogon | All islands | | Lagascea mollis | acuate | All islands | | Lepidium latifolium | perennial pepperweed | All islands | | Malachra alceifolia | malachra | All islands | | Medinilla venosa | | Hawaii, Lanai, Molokai, Oahu, Kauai | | Melastoma spp. | melastoma | All islands | | Miconia spp. | miconia | All islands | | Mikania micanthra | mile-a-minute | All islands | | Mikania scandens | climbing hempweed | All islands | | Mimosa invisa | giant sensitiveplan | All islands | | Mimosa pigra | thorny sensitiveplan | All islands | | Miscanthus floridulus | miscanthus, Japanese silvergrass | All islands | | Montanoa hibiscifolia | tree daisy | Maui | | Myrica faya | firetree, candleberry myrtle | Maui, Lanai, Molokai, Oahu | | Oxyspora paniculata | | Maui, Molokai, Lanai, Kauai | | Panicum repens | torpedograss | Maui, Molokai, Lanai, Oahu, Kauai | | Passiflora mollissima | banana passionfruit, banana poka | Maui, Molokai, Lanai, Oahu, | | Passiflora pulchella | wingleaf passionfruit | All islands | | Pennisetum setaceum | fountaingrass | Maui, Molokai, Lanai, Oahu, Kauai | | Piper aduncum | spiked pepper | All islands | | Pittosporum undulatum | Victorian box | Maui, Oahu, Lanai, Kauai, Molokai | | Prosopis juliflora | | All islands | | Pueraria phaseoloides | tropical kudzu | All islands | | Rhodomyrtus tomentosa | downy rosemyrtle | Maui, Molokai, Lanai, Oahu | | Rubus argutus | prickly Florida blackberry | Lanai, Molokai | | Rubus ellipticus var. obcordatus | yellow Himalayan raspberry | Maui, Molokai, Lanai, Oahu, Kauai | | Rubus niveus | hill raspberry | Molokai, Lanai, Oahu, Kauai | | Rubus sieboldii | Molucca raspberry | All islands | | Salsola kali | Russian thistle | All islands | | Senecio madagascariensis | fireweed | All islands | | Solarium carolinense | horsenettle | All islands | | Solanum elaeagnifolium | silverleaf nightshade | All islands | | Solanum robustum | | All islands | | Solanum torvum | turkeyberry, terongan | All islands | | Sonchus arvensis | perennial sowthistle | All islands | | Spartium junceum | Spanish broom | All islands | | Stipa trichotoma | nasella tussock | All islands | | Striga spp. | witchweeds | All islands | | Themeda villosa | Lyon's grass | Maui, Molokai, Lanai, Oahu, Kauai | | Tibouchina spp. | tibouchina | Maui, Molokai, Lanai, Oahu, Kauai | | Triumfetta rhomboidea | paroquet bur | Kauai, Maui | | Triumfetta semitriloba | Sacramento bur | Lanai, Oahu, Molokai, Kauai | | Ulex europaeus | gorse | Hawaii, Oahu, Lanai, Kauai, Molokai, Maui | | Urena lobata | caesarweed | Hawaii, Maui, Molokai, Lanai, Kauai | | Verbascum thapsus | mullein | Maui, Molokai, Lanai, Oahu, Kauai |

History

June 18, 1992

Subtitle 4 DIVISION OF MARKETING AND CONSUMER SERVICES

Chapter 44 STANDARDS FOR PROCESSED PRODUCTS

Haw. Code R. tit. 4, subtit. 4, ch. 44, tbl. I 1/ Approximate Revolutions of Centrifuge Machine - 8/24/68

| Diameter 2/ | Approximate Revolutions Per Min. | | | | --- | --- | --- | --- | | | | (A) | (B) | | 10 inches | .............. | 1,609 | 2,577 | | 10-1/2 inches | .............. | 1,570 | 2,515 | | 11 inches | .............. | 1,534 | 2,457 | | 11-1/2 inches | .............. | 1,500 | 2,403 | | 12 inches | .............. | 1,468 | 2,353 | | 12-1/2 inches | .............. | 1,438 | 2,305 | | 13 inches | .............. | 1,410 | 2,260 | | 13-1/2 inches | .............. | 1,384 | 2,218 | | 14 inches | .............. | 1,359 | 2,178 | | 14-1/2 inches | .............. | 1,336 | 2,140 | | 15 inches | .............. | 1,313 | 2,104 | | 15-1/2 inches | .............. | 1,292 | 2,070 | | 16 inches | .............. | 1,271 | 2,037 | | 16-1/2 inches | .............. | 1,252 | 2,006 | | 17 inches | .............. | 1,234 | 1,977 | | 17-1/2 inches | .............. | 1,216 | 1,948 | | 18 inches | .............. | 1,199 | 1,921 | | 18-1/2 inches | .............. | 1,182 | 1,895 | | 19 inches | .............. | 1,167 | 1,870 | | 19-1/2 inches | .............. | 1,152 | 1,846 | | 20 inches | .............. | 1,137 | 1,822 | | 20-1/2 inches | .............. | 1,125 | 1,800 |

1/ This table, calculated from the formula R.C.F. = 0.00001118 N2r provides a Relative Centrifugal Force of 364.6 times gravity for (A) and 942 times gravity for (B).

R.C.F. = Relative centrifugal force (gravities)

r = Rotating radius (centimeters)

N = Rotating speed (rev. per min.)

2/ The distance between the tips of opposing centrifuge tubes in operating position.

History

8/24/68

Chapter 45 FEED

Subchapter 3 ADULTERATION

Haw. Code R. tit. 4, subtit. 4, ch. 45, subch. 3, tbl. II Tolerances To Be Applied To Sample Results From Bagged Lots - 8/1/10

| PROTEIN | | | | | --- | --- | --- | --- | | Guaranteed | Acceptable | Class A | Class B | | Per cent | Tolerance | Violation | Violation | | 5.0 or less | 0.3 | >0.3 to 0.5 | >0.5 | | 5.01 - 10.00 | 0.4 | >0.4 to 0.6 | >0.6 | | 10.01 - 15.00 | 0.5 | >0.5 to 0.8 | >0.8 | | 15.01 - 20.00 | 0.7 | >0.7 to 0.9 | >0.9 | | 20.01 - 25.00 | 0.8 | >0.8 to 1.1 | >1.1 | | 25.01 - 30.00 | 0.8 | >0.8 to 1.1 | >1.1 | | 30.01 - 35.00 | 0.9 | >0.9 to 1.3 | >1.3 | | Over 35.00 | 1.0 | >1.0 to 1.4 | >1.4 |

| FAT | | | | | --- | --- | --- | --- | | Guaranteed | Acceptable | Class A | Class B | | Per cent | Tolerance | Violation | Violation | | 5.0 or less | 0.4 | >0.4 to 0.6 | >0.6 | | 5.01 - 10.00 | 0.5 | >0.5 to 0.7 | >0.7 | | 10.01 - 15.00 | 0.7 | >0.7 to 0.9 | >0.9 | | 15.01 - 20.00 | 0.9 | >0.9 to 1.3 | >1.3 | | 20.01 - 25.00 | 0.9 | >0.9 to 1.3 | >1.3 | | 25.01 - 30.00 | 1.0 | >1.0 to 1.5 | >1.5 | | 30.01 - 35.00 | 1.0 | >1.0 to 1.5 | >1.5 | | Over 35.00 | 1.0 | >1.0 to 1.5 | >1.5 |

| FIBER | | | | | --- | --- | --- | --- | | Guaranteed | Acceptable | Class A | Class B | | Per cent | Tolerance | Violation | Violation | | 5.0 or less | 0.6 | >0.6 to 0.8 | >0.8 | | 5.01 - 10.00 | 0.7 | >0.7 to 1.0 | >1.0 | | 10.01 - 15.00 | 0.9 | >0.9 to 1.3 | >1.3 | | 15.01 - 20.00 | 1.3 | >1.3 to 1.8 | >1.8 | | 20.01 - 25.00 | 1.3 | >1.3 to 1.8 | >1.8 | | 25.01 - 30.00 | 1.5 | >1.5 to 2.1 | >2.1 | | 30.01 - 35.00 | 1.5 | >1.5 to 2.1 | >2.1 | | Over 35.00 | 1.5 | >1.5 to 2.1 | >2.1 |

| ASH | | | | | --- | --- | --- | --- | | Guaranteed | Acceptable | Class A | Class B | | Per cent | Tolerance | Violation | Violation | | 5.0 or less | 0.5 | >0.5 to 0.7 | >0.7 | | 5.01 - 10.00 | 0.6 | >0.6 to 0.8 | >0.8 | | 10.01 - 15.00 | 0.8 | >0.8 to 1.1 | >1.1 | | 15.01 - 20.00 | 1.0 | >1.0 to 1.4 | >1.4 | | 20.01 - 25.00 | 1.0 | >1.0 to 1.4 | >1.4 | | 25.01 - 30.00 | 1.5 | >1.5 to 2.1 | >2.1 | | 30.01 - 35.00 | 1.5 | >1.5 to 2.1 | >2.1 | | Over 35.00 | 1.5 | >1.5 to 2.1 | >2.1 |

History

8/1/80

Chapter 46 STANDARDS FOR SHELL EGGS

Haw. Code R. tit. 4, subtit. 4, ch. 46, tbl. III Tolerances for Individual Case Within a Lot (6/1/85)

| Consumer Grade | Case Quality | Per cent | | --- | --- | --- | | Grade AA........ | AA (min)........ | 77 | | A or B (max).... | 23 | | | Check (max)..... | 10 | | | Grade A......... | A (min)......... | 77 | | B (max)......... | 23 | | | Check (max)..... | 10 | | | Grade B......... | B (min)......... | 80 | | Check (max)..... | 20 | |

History

6/1/85

Haw. Code R. tit. 4, subtit. 4, ch. 46, tbl. IV Tolerances for Individual Case, Within a Lot at Destination (6/1/85)

| U.S. Consumer Grade | Case Quality | Per cent | | --- | --- | --- | | Grade AA........ | AA (min)........ | 62 | | A or B (max).... | 38 | | | Check (max)..... | 10 | | | Grade A......... | A (min)......... | 77 | | B (max)......... | 23 | | | Check (max)..... | 10 | | | Grade B......... | B (min)......... | 80 | | Check (max)..... | 20 | |

History

6/1/85

Haw. Code R. tit. 4, subtit. 4, ch. 46, tbl. V Weight Classes for Consumer Grades for Shell Eggs (6/1/85)

| Size or Weight class | Minimum net weight per dozen (ounces) | Minimum net weight per 30 dozen (pounds) | Minimum net weight for individual eggs at rate per dozen (ounces) | | --- | --- | --- | --- | | Jumbo......... | 30 | 56 | 29 | | Extra large... | 27 | 50 1/2 | 26 | | Large.......... | 24 | 45 | 23 | | Medium......... | 21 | 39 1/2 | 20 | | Small.......... | 18 | 34 | 17 | | Peewee.......... | 15 | 28 | ....... |

History

6/1/85