Processed Food

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

in effect

HRS §147-51 Definitions

147-51. Definitions For the purpose of this part, unless otherwise required by the context: "Department" means the department of agriculture. "Food product" or "product" means any and all fruits, vegetables, nuts, and coffee, or part or parts thereof, produced and processed within the State, any and all honey produced and processed within the State or imported, and also any and all fish and fishery products processed within the State. "Process" means to can, preserve, freeze, pickle, dry, or otherwise prepare, with or without any added ingredients. "Processed honey" means honey that has been heated above one hundred twenty degrees Fahrenheit, or filtered through a fine screen of less than one-sixty-fourth inch mesh, or treated with diatomaceous earth, or in any other way that results in the loss of any natural constituent of honey, such as plant pollen and enzymes. [L 1947, c 195, §1; RL 1955, §22-40; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §147-51; am L 1983, c 257, §8; am L 2008, c 167, §6]

HRS §147-52 Grades, standards and classifications; changes

147-52. Grades, standards and classifications; changes The standards for grading and classifying food products that have been or may be hereafter adopted, prescribed, or announced by the United States Department of Agriculture or by or under authority of the Congress of the United States are hereby declared to be the official standards for grading and classifying such food products for the State; provided that the department of agriculture and biosecurity may establish and prescribe other and different, or additional, standards for grading and classifying any such products, to the extent permitted by the laws of the United States, which standards, so established and prescribed by the department, shall be the official standards for grading and classifying any such food products for the State. The department may also establish and prescribe official standards for grading and classifying any or all food products for which no standards have been adopted, prescribed, or announced by the United States Department of Agriculture or by or under authority of the Congress. The department may change any standards established and prescribed by it hereunder from time to time. [L 1947, c 195, §2; RL 1955, §22-41; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §147-52; am L 2025, c 236, §7]

HRS §147-53 Department; grades, standards and classifications; factors.

147-53. Department; grades, standards and classifications; factors. In establishing any grades, standards, or classifications for any food product, the department of agriculture, in addition to such factors as may be specified in any other law, shall take into account and base the grades, standards, or classifications upon such of the following factors as shall be applicable to the product involved: degree of maturity; size, measured by dimensions or weight; degree of freshness, as determined by physical examination or chemical test or analysis; moisture content; uniformity; color; firmness; tenderness; defects; injury; damage; diseases; appearance; mixture of varieties; decay; conformation; soundness; varietal characteristics or type; number of specimens per pound; nature of pack; presence of dirt or other foreign material; condition as to temperature and extent to which the product is hot or heating or is in a sour condition; extent to which product is satisfactory for human or other consumption or use; extent to which the product has been affected by handling or treatment; extent to which the product has a commercially objectionable flavor or odor; and other factors indicative of class, quality, or condition, and of the value or suitability of the product involved for the commercial or other use to be made thereof. In addition the department shall take into account any grades, standards, or classifications for such product established by the United States Department of Agriculture and also applicable federal grades and standard laws. [L 1947, c 195, §3; RL 1955, §22-42; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §147-53]

HRS §147-54 Department, consideration of use

147-54. Department, consideration of use The factors required to be considered by the department of agriculture and biosecurity in establishing any grades, standards, or classifications for any food product shall be applied in accordance with the extent to which and manner in which the same relate to the quality and condition of that product and the value and suitability thereof for the commercial or other use to which it is normally put. [L 1947, c 195, §4; RL 1955, §22-43; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §147-54; am L 2025, c 236, §17]

HRS §147-55 Department, notice of hearing

147-55. Department, notice of hearing In establishing and prescribing the standards, or any alterations or modifications to the standards, the department of agriculture shall call a public hearing and give notice thereof in conformity with chapter 91. [L 1947, c 195, §5; RL 1955, §22-44; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; am L 1965, c 96, §20; HRS §147-55]

HRS §147-56 Department, hearing, determination

147-56. Department, hearing, determination After holding a public hearing upon the establishment, alteration, or modification of any grades, standards, or classifications, the department of agriculture and biosecurity shall consider the facts and arguments presented at the hearing and shall establish and prescribe, by rule and regulation, such grades, standards, and classifications, or modify or alter such grades, standards, and classifications, as it may deem best suited to the agricultural, horticultural, or other interests of the State and the inhabitants thereof. [L 1947, c 195, §6; RL 1955, §22-45; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §147-56; am L 2025, c 236, §17]

HRS §147-57 Department, rules and regulations, contracts, cooperation, fees

147-57. Department, rules and regulations, contracts, cooperation, fees The department of agriculture and biosecurity, in addition to powers granted by this part or any other law, shall have all powers necessary or convenient to carry out and effectuate this part, including the following: (1) To prescribe rules and regulations, not inconsistent with this part, respecting: the standards for grading and classifying, and the grades, standards, and classification for, food products; the inspection, grading, and classification of food products; the determination and certification of the grade, classification, quality, and condition of food products and such other pertinent facts as the department may deem advisable; the licensing of inspectors, graders, and samplers and the duties of such inspectors, graders, and samplers; methods of test, analysis, and examination in determining the grade, classification, quality, and condition of food products; the official word or words, figure, or letter to indicate official grade or standards of quality or condition of food products; the design, form, and use of official labels and statements for use on packages or containers of products inspected, graded, classified, and certified under this part; and continuous factory inspection, grading, classification, and certification of food products; (2) To contract with the United States Department of Agriculture for the services of an inspector or inspectors employed by the department and the establishment of a cooperative inspection service with the United States government; (3) To cooperate with the United States or any department thereof, in accomplishing the matters or things provided for herein; and (4) To fix, assess, and collect, or cause to be collected, fees for inspecting or classifying food products, such fees to be on a uniform basis in an amount reasonably necessary to cover, as nearly as may be, the cost of the inspection and the administration of this part; provided that the department may adjust the fees to be collected hereunder to meet the expenses necessary to carry out the provisions hereof and may prescribe a different scale of fees for different localities; provided further that the department may prescribe a reasonable charge for traveling expenses and services. Charges for continuous factory inspection and grading may be fixed, assessed, and collected on such contract basis as will reimburse the State for the salary and all expenses of the factory inspector or grader, to which shall be added an appropriate percentage of charges assessed to cover, as nearly as practicable, administrative overhead expense. [L 1947, c 195, §7; RL 1955, §22-46; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §147-57; am L 2025, c 236, §9]

HRS §147-58 Department; inspections, etc.; request necessary

147-58. Department; inspections, etc.; request necessary The board of agriculture may designate any employee or agent of the department of agriculture to inspect or classify food products, in accordance with such regulations as the department may prescribe, at the request of persons having an interest in the products, and to ascertain and certify to the persons the grade, classification, quality, or condition thereof and other pertinent facts as the department may require. The inspections, classifications, and certifications shall be requested, and in no case shall be required by the department. [L 1947, c 195, §8; RL 1955, §22-47; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §147-58; am L 1978, c 12, §2; am L Sp 1995, c 8, §4]

HRS §147-59 Continuous factory inspection; request necessary; labels or marks

147-59. Continuous factory inspection; request necessary; labels or marks The board of agriculture and biosecurity may designate any employee or agent of the department of agriculture and biosecurity to perform continuous factory inspection or classification of food products, in accordance with such rules and regulations as the department may prescribe, at the request of persons having an interest in the products, and to ascertain and certify to the persons the grade, classification, quality, or condition thereof and such other pertinent facts as the department may require. Such inspections, classifications and certifications shall be requested, and in no case shall be required by the department. Subject to rules and regulations prescribed by the department, an appropriate state label or mark or marks, established and adopted by the department, may be used on packages or containers of food products which are so continuously inspected and graded and are found to meet the official grades or standards of the department shown on the label or by the mark or marks. The labels shall include a statement of the official grade or standard of the product contained in the package or container, as graded or classified under this part, and may include, in whole or in part, a facsimile of the seal of the department. The department may register any label as a trademark under the laws of the State or may register it with the United States government and any state or foreign government. The department may fix, assess, and collect, or cause to be collected, fees for the use of labels or marks or may print and sell the labels, at charges to be fixed by the department, to persons authorized to use them on packages or containers, or may rent dies or cuts of labels or marks, at a charge to be fixed by the department, to persons authorized to use them. [L 1947, c 195, §9; RL 1955, §22-48; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §147-59; am L 2025, c 236, §§17, 18]

HRS §147-60 Certificate, appeal to department

147-60. Certificate, appeal to department Whenever any quantity of any food product has been inspected and certified hereunder and a question arises as to whether the certificate issued therefor shows the true grade, classification, quality, or conditions of the product, any interested person, subject to such regulations as the department of agriculture may prescribe, may appeal the question to the board of agriculture, and the board may cause such investigation to be made and such tests to be applied as it may deem necessary and determine and issue a finding as to the true grade or classification of the product or the quality or condition thereof. Whenever an appeal is taken to the board under this section it shall charge, assess, and collect, or cause to be collected, a reasonable fee, to be fixed by the board, which shall be refunded if the appeal is sustained. [L 1947, c 195, §10; RL 1955, §22-49; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §147-60]

HRS §147-61 Certificate, prima facie evidence

147-61. Certificate, prima facie evidence A certificate, when not superseded by a finding on appeal, or a finding on appeal of the grade, classification, quality, or condition of any food product, issued under this part and all certificates issued under authority of the Congress of the United States relating to the grade, classification, quality, or condition of food products shall be accepted in any court of this State as prima facie evidence of the true grade, classification, quality, or condition of such food product at the time of its inspection. [L 1947, c 195, §11; RL 1955, §22-50; HRS §147-61]

HRS §147-62 Misrepresentation as to grade, etc., penalties

147-62. Misrepresentation as to grade, etc., penalties (a) If any quantity of any food product has been inspected and a certificate issued hereunder showing the grade, classification, quality, or condition thereof, no person shall represent that the grade, classification, quality, or condition of the product at the time and place of the inspection was other than as shown by the certificate. (b) If any lot or lots of any food product has been inspected and a certificate issued hereunder showing the grade, classification, quality, or condition of the lot or lots, no person shall represent that the certificate is descriptive of or relates to any other lot or lots of food products not inspected hereunder and not covered by the certificate. (c) Whenever any standard for the grading or classification of any food product becomes effective under this part, and any word or words, figure, or mark or marks, or letter, has been established and adopted by the department to indicate the grade or quality of the food product contained in any package or container, it shall be unlawful for any person to use any of the words, letters, figures, or marks, in connection with any package or container, to represent the grade or quality of the food product contained therein, to be sold or offered for sale, if the product does not meet the requirements of the grade indicated by the marking. (d) Whenever any standard for the grading or classification of any food product becomes effective under this part, and any label has been established and adopted by the department to indicate the grade, quality or condition of the food product contained in any package or container, it shall be unlawful for any person to use any label, in connection with any package or container, unless authorized so to use it by, or under the rules prescribed by, the department. [L 1947, c 195, §12; RL 1955, §22-51; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §147-62; am L 1983, c 257, §9]

HRS §147-63 Remedies, extension of other powers

147-63. Remedies, extension of other powers 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 1947, c 195, §13; RL 1955, §22-52; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §147-63; am L 1983, c 257, §10]

HRS §147-64 Deposit of moneys

147-64. Deposit of moneys Except for fees collected by the department pursuant to part VII, all fees, charges, expenses, civil penalties, and other moneys collected by the department under this part or any rules prescribed by the department pursuant to this part shall be deposited with the state director of finance to the credit of the general fund. [L 1947, c 195, §14; RL 1955, §22-53; am L Sp 1959 2d, c 1, §§14, 22; am L 1961, c 132, §2; am L 1963, c 114, §1 and c 193, §12; HRS §147-64; am L 2003, c 49, §5]

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