HRS §155-1 Definitions
155-1. Definitions
Whenever used in this chapter:
"Biosecurity" means a system that
serves to protect the health of livestock, poultry, and humans from diseases,
pests, and pathogens and measures that prevent disease causing agents from
entering, spreading, or leaving the farm premises.
"Cooperative" means a nonprofit
association of farmers organized under chapter 421.
"Farm land" means land used for
agricultural purposes, including general farming, cane growing, fruit growing,
flower growing, grazing, dairying, the production of any form of livestock or
poultry, and any other form of agricultural activity. It includes land
required for an adequate farm dwelling and other essential farm buildings,
roads, and wasteland.
"Farm sustainable projects" means
projects that improve the operation's viability but are not directly tied to
farm crop production. Projects may include but are not limited to photovoltaic
energy, hydroelectric power, wind power generation, methane generation, food safety,
product traceability, biodiesel production, and ethanol production.
"Food manufacturers" means entities
that process Hawaii-grown agricultural products or that utilize Hawaii-grown
agricultural products as an ingredient in the manufacturing process. Processed
and manufactured agricultural food products include items such as chips, dairy
products, guava and papaya puree, macadamia nut products, fruit drinks, juices,
nectars, jams, jellies, packaged coffee, processed vegetables, freeze-dried and
fresh poi, processed meat products, cookies, and candies.
"Mortgage" includes classes of liens
on farm land and other authorized security as are approved by the department of
agriculture and the credit instruments secured thereby.
"New farmer" means a new farm
enterprise or a person, who by reason of ability, experience, and training, is
likely to successfully operate a farm and who otherwise meets the eligibility
requirements of section 155-10 and includes any of the following:
(1) Persons displaced from employment in an
agricultural production enterprise;
(2) College graduates in agriculture;
(3) Community college graduates in agriculture;
(4) Members of the Hawaii Young Farmer Association
and National FFA Organization graduates with farming projects;
(5) Persons who have not less than two years'
experience as part-time farmers;
(6) Graduates from farm trainee programs designed to
provide interns with the necessary hands-on skills and management training to
successfully operate their own farm;
(7) Persons who have been farm tenants or farm
laborers; or
(8) Other individuals who have for the two years last
preceding their application obtained the major portion of their income from
farming operations.
"Part-time farmer" means a person of
proven farming ability who:
(1) Has been operating the person's farm for at least
two years on land owned by the person in fee or on land rented or leased from
others;
(2) Is presently devoting a portion of the person's
time to farming; and
(3) Derives between twenty-five to fifty per cent of
the person's net cash income from direct participation in farming in its
broadest sense.
"Private lender" includes banks,
savings and loan associations, credit unions, mortgage companies, and other
qualified companies whose business includes the making of loans in the State.
"Qualified farmer" means a person of
proven farming ability who operates the person's own farm on land owned by the
person in fee or on land rented or leased from others and who is presently
devoting, has recently devoted, or intends to devote most of the person's time
or who derives a major portion of the person's net cash income from direct
participation in farming in its broadest sense. It includes:
(1) Hawaii partnerships controlled by at least
seventy-five per cent by persons who would qualify individually and would meet
the eligibility requirements of section 155-10;
(2) Small corporations where at least seventy-five
per cent of each class of stock issued by the corporation is owned by persons
who qualify individually and would meet the eligibility requirements of section
155-10 and where seventy-five per cent of the directors are qualified farmers;
(3) Corporations incorporated in the State primarily
for agricultural production purposes; actively engaged in agricultural
production for a minimum of two years; and with at least seventy-five per cent
of each class of stock owned by persons who are residents of this State or
entities that are domiciled in this State;
(4) Trusts with situs in Hawaii in which the trustee
or other individual or entity in control of the operations of the trust would
qualify and meet the eligibility requirements of section 155-10; and
(5) Any other legal entity recognized by the State
that conducts business in the State and that is capable of acquiring, holding,
encumbering, transferring, or otherwise administering property, whether real or
personal, or tangible or intangible, and which entity is owned and controlled
by persons or other entities, at least seventy-five per cent of which would
qualify and would meet the eligibility requirements of section 155-10.
[L 1959,
c 278, pt of §1; am L Sp 1959 2d, c 1, §25; am L 1961, c 104, §1(a), (b) and c
132, §2; Supp, §102-1; HRS §155-1; am L 1972, c 87, §1; am L 1974, c 231,
§2(1); am L 1975, c 135, §1; am L 1979, c 210, §1; gen ch 1985; am L 1996, c
23, §1; am L 1999, c 32, §1; am L 2000, c 51, §2; am L 2001, c 141, §1; am L
2008, c 209, §1; am L 2011, c 184, §2; am L 2013, c 201, §2; am L 2015, c 155,
§2]