(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:

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Terms Used In Hawaii Revised Statutes 144-9

  • Commercial feed: means all feed except:

    (1) Whole seeds unmixed or physically altered entire unmixed seeds, when not adulterated within the meaning of section 144-6, that are distributed for use as feed or for mixing in feed;
    (2) Hay, straw, stover, silage, cobs, husks, and hulls when:
    (A) Unground; or
    (B) Unmixed with other materials;
    (3) Wet garbage;
    (4) Individual chemical compounds when not mixed with other materials; and
    (5) Unmixed feeding cane molasses, unmixed pineapple pulp, unmixed pineapple hay, and unmixed sugarcane hay. See Hawaii Revised Statutes 144-2
  • Feed: means all edible materials consumed by animals, other than dogs, cats, or other domestic pets, that contribute energy or nutrients to the animal's diet and are distributed or imported. See Hawaii Revised Statutes 144-2
  • Label: means a display of written, printed, or graphic matter:

    (1) Upon or affixed to the container in which a commercial feed is distributed or imported; or
    (2) On the invoice or delivery slip with which a commercial feed or custom-mixed feed is distributed or imported. See Hawaii Revised Statutes 144-2
  • Official sample: means any sample of feed taken by the department or its agent and designated as "official" by the department. See Hawaii Revised Statutes 144-2
  • Person: includes individual, partnership, corporation, and association. See Hawaii Revised Statutes 144-2
(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(20) and obtained and analyzed as provided for in subsections (b), (d), and (e) of this section.

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