FEED

HRS div. 1, tit. 11, ch. 144

in effect

HRS §144-2 Definitions

144-2. Definitions When used in this chapter: (1) The term "person" includes individual, partnership, corporation, and association. (2) The term "distribute" means to offer for sale, sell, barter, or otherwise supply feed, commercial feeds or custom-mixed feeds. The term "distributor" means any person who distributes. (3) The term "sell" or "sale" includes exchange. (4) The term "official name" of a feed ingredient means the name of a feed ingredient which is defined in the current official publication of the Association of American Feed Control Officials, Incorporated. (5) The term "feed" means all edible materials consumed by animals, other than dogs, cats, or other domestic pets, which contribute energy or nutrients to the animal's diet, and which are distributed or imported. (6) The term "commercial feed" means all feed except: (A) Whole seeds unmixed or physically altered entire unmixed seeds, when not adulterated within the meaning of section 144-6, which are distributed for use as feed or for mixing in feed. (B) Hay, straw, stover, silage, cobs, husks, and hulls (i) when unground or (ii) when unmixed with other materials. (C) Wet garbage. (D) Individual chemical compound when not mixed with other materials. (E) Unmixed feeding cane molasses, unmixed pineapple pulp, unmixed pineapple hay, and unmixed sugarcane hay. (7) The term "feed ingredient" means each of the constituent materials making up a feed. (8) The term "mineral feed" means a substance or mixture of substances designed or intended to supply primarily mineral elements or inorganic nutrients. (9) The term "drug" means any article intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in animals other than human and articles other than feed intended to affect the structure or any function of the animal body. (10) The term "manufacture" means to grind, mix, or blend, or further process a commercial feed for distribution. (11) The term "custom-mixed feed" means a special commercial mixture which is formulated by the manufacturer or processor in accordance with the specific instructions of the final purchaser and contains feed material or materials wholly or partly supplied by such manufacturer or processor. (12) The term "toll-milled feed" means a special feed which is processed by the processor (A) from materials entirely delivered by the owner thereof or the owner's authorized agent, and (B) in accordance with the specific instructions of such owner, and which is not distributed. (13) The term "commercial mixed feed" means a commercial feed which is a mixture or blend of more than one feed ingredient. (14) The term "commercial simple feed" means a commercial feed that consists of only one feed ingredient. (15) The term "brand name" means any word, name, symbol, or device or any combination thereof identifying the commercial feed of a distributor and distinguishing it from that of others. (16) The term "product name" means the name of the commercial feed which identifies it as to kind, class, or specific use. (17) The term "label" means a display of written, printed, or graphic matter upon or affixed to the container in which a commercial feed is distributed or imported, or on the invoice or delivery slip with which a commercial feed or custom-mixed feed is distributed or imported. (18) The term "ton" means a net weight of two thousand pounds avoirdupois. (19) The term "per cent" or "percentage" means percentage by weight. (20) The term "official sample" means any sample of feed taken by the department or its agent and designated as "official" by the department. [L 1959, c 275, pt of §1; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; Supp, §24-3; HRS §144-3; am L 1969, c 27, §§1, 2; am L 1979, c 186, pt of §1; am and ren L 1983, c 214, pt of §2; gen ch 1985]

HRS §144-3 Registration

144-3. Registration (a) Each commercial feed shall be registered before being distributed in this State or imported; provided that custom-mixed feed and toll-milled feed are exempt from registration. The application for registration shall be submitted on forms furnished by the department and also shall be accompanied by a label or other printed matter describing the product. All registrations shall remain in effect until withdrawn in writing by the registrant or canceled pursuant to this chapter or rules of the department. A registration fee shall be paid to the department for each commercial feed registered. Upon approval by the department a copy of the registration shall be furnished to the applicant. The application shall include the information required by section 144-4(a). (b) A distributor or importer shall not be required to register any brand of commercial feed which is already registered under this chapter by another person. (c) Minor changes in the guarantee of either chemical or ingredient composition of a registered commercial feed may be permitted as provided in department rules; provided there is satisfactory evidence that the changes would not result in a lowering of the feeding value of the product for the purpose for which designed. (d) The department may refuse registration of any application not in compliance with this chapter or rules adopted under this chapter and may cancel any registration subsequently found not to be in compliance with this chapter or rules adopted under this chapter; provided that no registration shall be refused or canceled until the registrant has been given an opportunity to be heard before the department and to amend the registrant's application in order to comply with the requirements of this chapter. [L 1959, c 275, pt of §1; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; Supp, §24-4; HRS §144-4; am L 1979, c 186, pt of §1; ren and am L 1983, c 214, pt of §2; gen ch 1985; am L 1993, c 84, §2]

HRS §144-4 Labeling

144-4. Labeling (a) Any commercial feed, other than custom-mixed or toll-milled feed, distributed in this State or imported shall be accompanied by a legible label bearing the following information: (1) The net weight. (2) The product name or brand name under which the commercial feed is distributed. (3) The guaranteed analysis stated in such terms as the department by rule determines is required to advise the user of the composition of the commercial feed or to support claims made in the labeling. In all cases the substances or elements must be determinable by laboratory methods published by the AOAC International. (4) The common or official name of each ingredient used in the manufacture of the commercial feed, except as the department may, by rule, permit the use of a collective term for a group of ingredients all of which perform the same function. (5) The name and principal address of the person responsible for distributing the commercial feed. (6) Adequate directions for use for all commercial feeds containing drugs and for such other commercial feeds as the department may require by rule as necessary for their safe and effective use. (7) Such precautionary statements as the department by rule determines are necessary for the safe and effective use of the commercial feed. (b) When a commercial feed is distributed in this State in bags or other containers, the label shall be placed on or affixed to the container; when a commercial feed is distributed in bulk the label shall accompany delivery and be furnished to the purchaser at time of delivery. (c) A custom-mixed feed shall be labeled by numbered invoice. The invoice, which is to accompany delivery and be supplied to the purchaser at the time of delivery, shall bear the following information: (1) Name and address of the mixer. (2) Name and address of the purchaser. (3) Date of sale. (4) Product name and brand name, if any, of each registered commercial feed used in the mixture and the name and number of pounds of each other feed ingredient added. (5) The term "custom-mixed feed". (6) Adequate directions for use for all custom-mixed feeds containing drugs and for such other custom-mixed feeds as the department may require by rule as necessary for their safe and effective use. (7) Such precautionary statements as the department by rule determines are necessary for the safe and effective use of the custom-mixed feed. (d) A toll-milled feed shall be labeled with the term, "toll-milled feed" and the name and address of the owner thereof. (e) If a commercial, custom-mixed, or toll-milled feed contains a: (1) Nonnutritive substance that is intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease or is intended to affect the structure or any function of the animal body; or (2) Food additive, the department may require the label of the commercial or toll-milled feed or the invoice of the custom-mixed feed to show the amount present, directions for use, or warnings against misuse. (f) Whenever a manufacturer, processor, mixer, or distributor of feed makes a claim or guarantee relative to the content of the feed on or with the package containing the same, which claim or guarantee is in addition to those required by law, the manufacturer, processor, mixer, or distributor shall be responsible for maintaining the claim or guarantee, and may be required to submit information and records pertinent to the claim or guarantee. [L 1959, c 275, pt of §1; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; Supp, §24-5; HRS §144-5; am L 1969, c 27, §§3, 4; am L 1979, c 186, pt of §1; ren and am L 1983, c 214, pt of §2; gen ch 1985; am L 2012, c 34, §7; am L 2023, c 17, §5]

HRS §144-5 Inspection fees and tonnage reports

144-5. Inspection fees and tonnage reports (a) There shall be paid to the department for all feeds distributed or imported for use or sale in this State, inspection fees as established by the rules of the department; provided that the department shall exempt by rule the payment of inspection fees on feed not subject to specific requirements of this chapter or rules adopted under this chapter. All inspection fees collected shall be deposited with the state director of finance to the credit of the general fund. (b) Every person, except as hereinafter provided, who distributes or imports for use or sale feed in this State shall: (1) File, not later than the last day of January, last day of April, last day of July, and last day of October of each year, quarterly statements, setting forth the number of net tons of feeds distributed or imported in this State during the preceding calendar quarter; and upon filing the statements shall pay the inspection fees. Inspection fees which are due and owing and have not been remitted to the department within thirty days following the due date shall have a penalty fee in an amount established by rules of the department added to the amount due when payment is finally made. The assessment of this penalty fee shall not prevent the department from taking other action as provided in this chapter. When more than one person is involved in the distribution or importation of a feed, the person who imports or distributes to the consumer is responsible for reporting the tonnage and paying the inspection fee unless the report and payment have been made by a prior distributor, seller, or exporter of the feed. The forms used for the quarterly statements shall be provided by the department. (2) Keep such records as may be necessary or required by rules of the department to indicate accurately the tonnage of feed distributed in this State, and the department shall have the right to examine the records to verify statements of tonnage. Failure to make accurate statement of tonnage or to pay the inspection fee or to comply as provided herein shall constitute sufficient cause for the cancellation of all registrations on file for the distributor and the imposition of administrative penalties. (c) The department may require the filing of further reports with respect to importation and distribution of feed by carriers, seller's agents, distributors, and named consignees. [L 1979, c 186, pt of §1; ren and am L 1983, c 214, pt of §2; am L 1984, c 88, §1; am L 1993, c 84, §3]

HRS §144-7 Misbranding

144-7. Misbranding No person shall distribute or import misbranded feed. A commercial, toll-milled, or custom-mixed feed shall be deemed to be misbranded: (1) If its labeling is false or misleading in any particular. (2) If it is distributed under the name of another feed. (3) If it is not labeled as required in section 144-4 and in rules prescribed under this chapter. (4) If it purports to be or is represented as a commercial feed, or if it purports to contain or is represented as containing a feed ingredient, unless such commercial feed or feed ingredient conforms to the definition of identity, if any, prescribed by rules of the department. In the adoption of such rules the department shall give due regard to commonly accepted definitions such as those issued by the Association of American Feed Control Officials. (5) If any word, statement, or other information required by or under authority of this chapter to appear on the label or labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or devices, in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use. [L 1959, c 275, pt of §1; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; Supp, §24-8; HRS §144-8; am L 1979, c 186, pt of §1; ren and am L 1983, c 214, pt of §2]

HRS §144-8 Prohibited acts

144-8. Prohibited acts The following acts and the causing thereof within this State by any person are prohibited: (1) The manufacture or distribution of any feed that is adulterated or misbranded. (2) The adulteration or misbranding of any feed. (3) The removal or disposal of a feed in violation of an order under section 144-11. (4) The failure or refusal to register in accordance with section 144-3. (5) The violation of section 144-12(f). (6) Failure to pay inspection fees and file reports as required by section 144-5. (7) The refusal to permit entry upon any public or private premises including any vehicle of transport during business hours in order that the department or its authorized agents can have access to any feed and to records relating to the feed. (8) The distribution of any toll-milled feed. (9) The redistribution of any custom-mixed feed. (10) The distribution within the State or importation into the State of commercial feeds, other than custom-mixed feed, which have not been registered in the manner provided in this chapter. (11) The distribution within this State or importation into the State of commercial or custom-mixed feeds which have not been labeled in the manner provided in this chapter. (12) The storage or transportation of toll-milled feeds which have not been labeled in the manner provided in this chapter. [L 1959, c 275, pt of §1; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; Supp, §24-9; HRS §144-9; am L 1979, c 186, pt of §1; ren and am L 1983, c 214, pt of §2]

HRS §144-9 Inspection, sampling, analysis

144-9. Inspection, sampling, analysis (a) For the purpose of enforcement of this chapter, and in order to determine whether its provisions have been complied with, including whether or not any operation may be subject to such provisions, officers or employees duly designated by the department, upon presenting appropriate credentials, are authorized: (1) To enter, during normal business hours, any factory, warehouse, or establishment within the State in which feeds are manufactured, processed, packed, or held for distribution, or to enter any vehicle being used to transport or hold such feeds; and (2) To inspect at reasonable times and within reasonable limits and in a reasonable manner, such factory, warehouse, establishment, or vehicle and all pertinent equipment, finished and unfinished materials, containers, and labeling therein. The inspection may include the verification of only such records, and production and control procedures as may be necessary to determine compliance with the good manufacturing practice rules established under section 144-6(8). (b) If the officer or employee making such inspection of a factory, warehouse, or other establishment has obtained a sample in the course of the inspection, upon completion of the inspection and prior to leaving the premises the officer or employee shall give to the owner, operator, or agent in charge a receipt describing the samples obtained. (c) If the owner of any factory, warehouse, or establishment described in subsection (a), or the owner's agent, refuses to admit the officer or the officer's agent to inspect in accordance with subsection (a), the department may obtain from any state court a warrant directing such owner or the owner's agent to submit the premises described in such warrant to inspection. (d) For the enforcement of this chapter, the department or its duly designated agent may enter upon any public or private premises, including any vehicle of transport during regular business hours to have access to, and to obtain samples, and to examine records relating to distribution of feeds. (e) Sampling and analysis shall be conducted in accordance with methods published by the AOAC International or in accordance with other generally recognized methods. (f) The results of all analyses of official samples shall be forwarded by the department to the person named on the label or to the purchaser. When the inspection and analysis of an official sample indicates feed has been adulterated or misbranded and upon request within thirty days following receipt of the analysis, the department shall furnish to the registrant a portion of the sample concerned. (g) The department, in determining for administrative purposes whether a commercial feed is deficient or excessive in any component, shall be guided by the official sample as defined in section 144-2 and obtained and analyzed as provided for in subsections (b), (d), and (e) of this section. [L 1959, c 275, pt of §1; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; Supp, §24-10; HRS §144-10; am L 1979, c 186, pt of §1; am L 1980, c 232, §6; ren and am L 1983, c 214, pt of §2; gen ch 1985; am L 2012, c 34, §8]

HRS §144-10 Rules

144-10. Rules (a) The department may adopt rules for feeds as are specifically authorized in this chapter and other reasonable rules as may be necessary for the efficient enforcement of this chapter. In the interest of uniformity, the department shall by rule adopt, unless it determines that they are inconsistent with this chapter or are not appropriate to conditions which exist in this State, the following: (1) The official definitions of feed ingredients and official feed terms adopted by the Association of American Feed Control Officials and published in the official publication of that organization; and (2) Any regulation promulgated pursuant to the authority of the Federal Food, Drug, and Cosmetic Act, provided that the department shall have the authority under this chapter independently to adopt these regulations. (b) The department shall enforce this chapter and, subject to chapter 91, may adopt rules with respect to: (1) Providing for registration and inspection fees; (2) Providing for penalties for deficiencies of official samples and other violations of this chapter; (3) Determining responsibilities and procedures for payment of registration, inspection, and penalty fees; (4) Such other matters as may be necessary in order to implement this chapter. (c) Notwithstanding the foregoing provisions, the chairperson of the board of agriculture, for the purpose of enforcement of this chapter and without regard to the notice and public hearing requirements of chapter 91, may adopt rules for procedures, tolerance levels, and regulatory or action levels to determine if feed is adulterated, all federal regulations or guidelines of the United States established in 40 Code of Federal Regulations, Parts 180 and 186; 21 Code of Federal Regulations, Chapter 1, Parts 1 to 1299; or the United States Food and Drug Administration Compliance Policy Guides, as they apply to feed, including changes made from time to time. Prior to the effective date of any such rules, the department shall publish in a newspaper of general circulation a notice that includes: (1) Either a statement of the substance of the proposed rule adoption, amendment, or repeal; or a general description of the subjects involved and the purposes to be achieved by the proposed rule adoption, amendment, or repeal; and (2) A statement that a copy of the proposed rule to be adopted, the proposed rule amendment, or the rule proposed to be repealed will be mailed to any interested person who requests a copy, together with a description of where and how the requests may be made. The notice shall be mailed to all persons who have made a timely written request of the department for advance notice of these rules or of the department's rulemaking proceedings. The department may require reimbursement for the cost of preparing and mailing the copies. [L 1959, c 275, pt of §1; am L Sp 1959 2d, c 1, §22; am L 1961, c 103 and c 132, §2; Supp, §24-11; HRS §144-11; am L 1973, c 46, §1(2); am L 1979, c 186, pt of §1; ren and am L 1983, c 214, pt of §2; am L 1996, c 110, §1]

HRS §144-11 Detained feeds

144-11. Detained feeds (a) "Withdrawal from distribution" orders. When the department or its authorized agent has reasonable cause to believe any lot of feed is being distributed in violation of this chapter or of any of the prescribed rules under this chapter, it may issue and enforce a written or printed "withdrawal from distribution" order, warning the distributor not to dispose of the lot of feed in any manner until written permission is given by the department or the circuit court. The department shall release the lot of feed so withdrawn when the chapter and rules have been complied with. If compliance is not obtained within thirty days, the department may begin, or upon request of the distributor or owner shall begin, proceedings for condemnation. (b) "Condemnation and confiscation". Any lot of feed not in compliance with the chapter and rules shall be subject to seizure on complaint of the department to a court of competent jurisdiction in the area in which the feed is located. In the event the court finds the feed to be in violation of this chapter and rules and orders the condemnation of the feed, it shall be disposed of in any manner consistent with the quality of the feed and the laws of the State; provided that in no instance shall the disposition of the feed be ordered by the court without first giving the claimant an opportunity to apply to the court for release of the feed or for permission to process or relabel the feed to bring it into compliance with this chapter. [L 1959, c 275, pt of §1; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; Supp, §24-12; HRS §144-12; am L 1979, c 186, pt of §1; ren and am L 1983, c 214, pt of §2]

HRS §144-12 Penalties

144-12. Penalties (a) Any person convicted of violating any of the provisions of this chapter or the rules issued thereunder or who shall impede, obstruct, hinder, or otherwise prevent or attempt to prevent the department or its duly authorized agent in performance of the agent's duty in connection with this chapter, shall be adjudged guilty of a misdemeanor. In all prosecutions under this chapter involving the composition of a lot of feed, a certified copy of the official analysis signed by the chemist shall be accepted as prima facie evidence of the composition. (b) Nothing in this chapter shall be construed as requiring the department or its representative to report for prosecution or for the institution of seizure proceedings as a result of minor violations of the chapter when the department or its representative believes that the public interest will be best served by a suitable notice of warning in writing. (c) Each county attorney or prosecuting attorney to whom any violation is reported shall cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay. Before the department reports a violation for prosecution, an opportunity shall be given the distributor or owner to present the distributor's or owner's view to the department. (d) The department may apply for and the court may grant a temporary or permanent injunction restraining any person from violating or continuing to violate this chapter or any rule promulgated under the chapter notwithstanding the existence of other remedies at law. The injunction is to be issued without bond. (e) Any person adversely affected by an act, order, or ruling made pursuant to this chapter may within forty-five days thereafter bring action in the circuit court for new trial of the issues bearing upon the act, order, or ruling, and upon trial the court may issue and enforce such orders, judgments, or decrees as the court may deem proper, just, and equitable. (f) Any person who uses to the person's advantage, or reveals to other than departmental officers or to the courts when relevant in any judicial proceeding, any information acquired under the authority of this chapter, concerning any method, records, formulations, or processes which as a trade secret is entitled to protection, is guilty of a misdemeanor; provided that this prohibition shall not be deemed as prohibiting the department, or its duly authorized agent, from exchanging information of a regulatory nature with duly appointed officials of the United States government, or of other states, who are similarly prohibited by law from revealing this information. [L 1959, c 275, pt of §1; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; Supp, §24-13; HRS §144-13; am L 1979, c 186, pt of §1; ren and am L 1983, c 214, pt of §2; gen ch 1985]

HRS §144-13 Cooperation with other entities

144-13. Cooperation with other entities The department may cooperate with and enter into agreements with governmental agencies of this State, other states, agencies of the federal government, and private associations to carry out the purpose and provisions of this chapter. [L 1979, c 186, pt of §1; ree and ren L 1983, c 214, pt of §2]

HRS §144-14 Publications

144-14. Publications The department shall publish at least annually in such forms as it may deem proper, information concerning the distribution of feeds, together with such data on their production and use as it may consider advisable, and a report of the results of the analyses of official samples of feeds distributed within the State as compared with the analyses guaranteed in the registration and on the label; provided that the information concerning production and use of feeds shall not disclose the operations of any person. [L 1959, c 275, pt of §1; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; Supp, §24-14; HRS §144-14; ren and am L 1979, c 186, pt of §1; ren and am L 1983, c 214, pt of §2]

Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0144/HRS_0144-.htmFetched: 11/10/2026