Exports: Flowers and Foliage

HRS div. 1, tit. 11, ch. 147, pt. III

in effect

HRS §147-31 Definitions

147-31. Definitions For the purposes of this part, unless otherwise required by the context: "Commercial exporter" means any person who exports or causes to be exported from the State of Hawaii: (1) any fresh or processed flowers or foliage to a wholesaler or retailer for sale or resale or for distribution for commercial or promotional purposes, or (2) any fresh or processed flowers or foliage as a gift for subsequent sale or resale. "Container" means package used for the export shipment. "Department" means the department of agriculture. "Export" means shipment to any point outside the State. "Flowers and foliage" means cut flowers, foliage, and plants with roots attached. "Method of packaging" means the manner in which flowers are placed in the container and procedures used to insure retention of desirable qualities in the flowers and foliage. "Packing material" means anything used in packaging flowers or foliage for shipment other than the container. "Person" means any individual, firm, corporation, partnership, or association. [L 1959, c 267, pt of §2; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2 and c 139, §1; am L 1963, c 193, §9; Supp, §22-26.2; HRS §147-31; am L 1977, c 20, §1]

HRS §147-32 Rules and regulations

147-32. Rules and regulations The department of agriculture shall have the necessary powers to carry out and effectuate the purposes of this part, including the following: To establish, prescribe, modify, or alter, by rules and regulations, which shall have the force and effect of law, grades, standards, and classifications for fresh and processed flowers and foliage, and minimum requirements for fresh and processed flowers and foliage destined for shipment by commercial exporters to points outside, and minimum requirements for containers, packing materials, methods of packing, and requirements for labeling to be used in packaging fresh and processed flowers and foliage destined for shipment by commercial exporters to points outside the State. The department in establishing such rules and regulations shall consult with appropriate state and federal agencies and with any appropriate industry or trade organization. The grades, standards, classifications, minimum requirements for flowers and foliage and requirements for containers, packing material, methods of packing, and labeling shall be on the basis of what the department may deem best suited to the agricultural, horticultural, or other interests of the State. [L 1959, c 267, pt of §2; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2 and c 139, §2; Supp, §22-26.3; HRS §147-32]

HRS §147-33 Prohibited acts

147-33. Prohibited acts No commercial exporter shall ship any fresh or processed flowers or foliage to points outside the State unless such products meet the minimum export quality and condition requirements and are so packaged in containers with such packaging material and in such a manner as to meet the minimum packaging requirements established by rules and regulations promulgated under this part. [L 1959, c 267, pt of §2; Supp, §22-26.4; HRS §147-33]

HRS §147-34 Inspection; certification fees

147-34. Inspection; certification fees The board of agriculture and biosecurity may designate any employee or agent of the department as an inspector to classify and inspect fresh and processed flowers and foliage for quality and condition and to determine if containers, packing materials, and methods of packing meet the minimum requirements established. In addition the inspector may classify and inspect flowers and foliage for quality and condition at the request of persons having a financial interest in the commodities in order to ascertain and to certify to those persons the grade, classification, quality, or condition thereof and other pertinent facts. The department may fix, assess, and collect or cause to be collected fees for those certification services when they are performed by the employees of the department. The fees shall be on a uniform basis and in an amount reasonably necessary to cover the cost of certification services provided at the request of persons having a financial interest. Except for fees collected by the department pursuant to part VII, all fees collected by the department pursuant to this part shall be deposited with the state director of finance to the credit of the general fund. [L 1959, c 267, pt of §2; am L Sp 1959 2d, c 1, §§14, 22; am L 1961, c 132, §2; am L 1963, c 114, §1 and c 193, §10; Supp, §22-26.5; HRS §147-34; am L 2003, c 49, §4; am L 2025, c 236, §18]

HRS §147-37 Duties of department; violations; proceedings; penalties

147-37. Duties of department; violations; proceedings; penalties (a) It shall be the duty of the department to administer and enforce the provisions of this part and rules promulgated thereunder. (b) In respect of violations or complaints of violation of this part or rules adopted by the department pursuant thereto, the department shall have all the rights and powers conferred upon it by section 147-2, with respect to violations or complaints of violation of part I or rules adopted by the department pursuant thereto; and all remedies, procedures, or actions contained in section 147-2 for violations or complaints of violation of part I or rules adopted by the department thereunder, shall be severally and respectively conferred, granted, practiced, and exercised for violations or complaints of violation of the provisions of this part or rules adopted by the department pursuant thereto. [L 1959, c 267, pt of §2; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; am L 1963, c 114, §1 and c 193, §11; Supp, §22-26.8; HRS §147-37; am L 1983, c 257, §7]

Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0147/HRS_0147-.htmFetched: 11/10/2026