Terms Used In Hawaii Revised Statutes > Chapter 339 > Part II - Nondegradable Solid Waste

• Administrator: means the administering officer of the quality assurance division, or any qualified person so designated by the chairperson. See Hawaii Revised Statutes 486-1
• Agent: means an individual, other than a broker-dealer, who represents a broker-dealer in effecting or attempting to effect purchases or sales of securities or represents an issuer in effecting or attempting to effect purchases or sales of the issuer's securities. See Hawaii Revised Statutes 485A-102
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Arrest: Taking physical custody of a person by lawful authority.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Beverage: means beer or other malt beverages, mineral waters, fruit juices, ades, and other similar noncarbonated drinks, soda water, and flavored carbonated drinks, in liquid form and intended for human consumption. See Hawaii Revised Statutes 339-1
• Beverage container: means the individual, separate, sealed glass, metal or plastic bottle or can, containing a beverage. See Hawaii Revised Statutes 339-1
• Board: means board of agriculture. See Hawaii Revised Statutes 486-1
• Broker-dealer: means a person engaged in the business of effecting transactions in securities for the accounts of others or for the person's own account. See Hawaii Revised Statutes 485A-102
• Certificate of conformance: means a document issued by the National Institute of Standards and Technology based on testing in participating laboratories and constitutes evidence of conformance of a type with the requirements of National Institute of Standards and Technology handbooks 44, 105-1, 105-2, or 105-3. See Hawaii Revised Statutes 486-1
• Chairperson: includes the chairperson of the board of agriculture and when specifically designated by the chairperson for the purpose of effectuating this chapter, the deputy to the chairperson. See Hawaii Revised Statutes 486-1
• Commissioner: means the commissioner of securities of this State. See Hawaii Revised Statutes 485A-102
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Consumer commodity: means any article, product, good or agricultural or other commodity of any kind that is customarily produced or distributed for sale through mercantile or retail sales outlets for consumption or use by individuals, including but not limited to food products or consumer packages. See Hawaii Revised Statutes 486-1
• county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
• Craft item: means any consumer commodity that is not an agricultural commodity or a perishable consumer commodity that is manufactured, assembled, fabricated, or produced by an individual working alone or a small group of individuals working collaboratively and that is produced by hand or by using simple tools. See Hawaii Revised Statutes 486-1
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Degradable: means all of the following:

  (1) Capable of achieving degradation by biological processes, photodegradation, chemodegradation, or degradation by other natural degrading processes;

  (2) Degradation at a rate that is equal to, or greater than, the degradation by a process specified in paragraph (1) of other commercially available plastic devices; and

  (3) Degradation which will not produce or result in a residue or byproduct which, during or after such process of degrading, would be a hazardous or extremely hazardous waste as specified in the Resource Conservation and Recovery Act. See Hawaii Revised Statutes 339-21

• Department: means department of agriculture. See Hawaii Revised Statutes 486-1
• Director: means the director of health or the director's duly appointed agent. See Hawaii Revised Statutes 339-21
• Elder: means an individual sixty-two years of age or older. See Hawaii Revised Statutes 485A-801
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Financial exploitation: means :

  (1) The wrongful or unauthorized taking, withholding, appropriation, or use of money, assets, or property of an elder or a vulnerable adult; or

  (2) Any act or omission by a person, including through the use of a power of attorney, guardianship, or conservatorship of an elder or a vulnerable adult, to:

  (A) Obtain control through deception, intimidation, or undue influence over the elder's or vulnerable adult's money, assets, or property to deprive the elder or vulnerable adult of the ownership, use, benefit, or possession of the elder's or vulnerable adult's money, assets, or property; or

  (B) Convert money, assets, or property of the elder or vulnerable adult to deprive the elder or vulnerable adult of the ownership, use, benefit, or possession of the elder's or vulnerable adult's money, assets, or property. See Hawaii Revised Statutes 485A-801

• Fraud: Intentional deception resulting in injury to another.
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Incorrect: means to be in noncompliance with any specification, tolerance, performance criteria, standard, or any part of this chapter or any rule adopted under it. See Hawaii Revised Statutes 486-1
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Inspector: means any employee or official of the department authorized by the board to administer and enforce the provisions of this law. See Hawaii Revised Statutes 486-1
• Investment adviser: means a person that, for compensation, engages in the business of advising others, either directly or through publications or writings, as to the value of securities or the advisability of investing in, purchasing, or selling securities or that, for compensation and as a part of a regular business, issues or promulgates analyses or reports concerning securities. See Hawaii Revised Statutes 485A-102
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Label: includes any written, printed, or graphic matter affixed to, applied to, attached to, blown into, formed, molded into, embossed on, or appearing upon or adjacent to a consumer commodity, or a package containing any consumer commodity, for purposes of branding, pricing, identifying, or giving any information with respect to the commodity or to the contents of the package, except that an inspector's tag or other nonpromotional matter affixed to or appearing upon a consumer commodity shall not be considered a label requiring the repetition of label information required by this chapter. See Hawaii Revised Statutes 486-1
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Measure: includes all measures of every kind, including but not limited to weight, mass, length, volume, time, and count; instruments and devices for weighing, measuring, or counting; and appliances and accessories associated with any such instruments and devices. See Hawaii Revised Statutes 486-1
• Measurement standards: includes any standard or definition or model or reference or measurement relating to metrology including but not limited to weights and measures, artifacts, and reproducible definitions of a unit of measure and their applicable tolerances including those of the SI, and definitions of a lot size, sample and tolerances as related to statistical inspection. See Hawaii Revised Statutes 486-1
• Metric system: means the SI or International System of Units, as established by the General Conference of Weights and Measures in 1960 and as interpreted or modified for the United States by the Secretary of Commerce. See Hawaii Revised Statutes 486-1
• National type evaluation program: means a program of cooperation between the National Institute of Standards and Technology, the National Conference on Weights and Measures, the states, and the private sector for determining, on a uniform basis, conformance of a type with the relevant provisions of National Institute of Standards and Technology handbook 44, "Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices"; National Institute of Standards and Technology handbook 105-1, "Specifications and Tolerances for Reference Standards and Field Standard Weights and Measures, Specifications and Tolerances for Field Standard Weights (NIST class F)"; National Institute of Standards and Technology handbook 105-2, "Specifications and Tolerances for Reference Standards and Field Standard Weights and Measures, Specifications and Tolerances for Field Standard Measuring Flask"; or National Institute of Standards and Technology handbook 105-3, "Specifications and Tolerances for Reference Standards and Field Standard Weights and Measures, Specifications and Tolerances for Graduated Neck Type Volumetric Field Standards". See Hawaii Revised Statutes 486-1
• Participating laboratory: means any state measurement laboratory that has been certified by the National Institute of Standards and Technology, in accordance with its program for the certification of capability of state measurement laboratories, to conduct a type evaluation under the national type evaluation program. See Hawaii Revised Statutes 486-1
• Perishable consumer commodity: includes , but is not limited to, baked goods, dairy products, cut or dried flowers, coffee, candy, cookies, jam, jelly, juices, oils, nuts, or similar products. See Hawaii Revised Statutes 486-1
• Person: means an individual; corporation; business trust; estate; trust; partnership; limited liability company; association; joint venture; government; governmental subdivision, agency, or instrumentality; public corporation; or any other legal or commercial entity. See Hawaii Revised Statutes 485A-102
• Petroleum product: includes automotive gasoline, diesel fuels, fuel oils, liquefied petroleum gas both liquid and vapor, residuals, distillates and fractions, kerosene, aviation fuels, turbine fuels, solvent, hydro-carbons or synthetics, crude oil, lubricating oil, or any other oil or distillate or blends of the above or any other product or byproduct normally considered a petroleum product, and synthetic natural gas or natural gas and manufactured gas or blends thereof. See Hawaii Revised Statutes 486-50
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Qualified person: means any agent, broker-dealer, investment adviser representative, investment adviser, or person who serves in a supervisory or compliance capacity for a broker-dealer or an investment adviser. See Hawaii Revised Statutes 485A-801
• random package: means a package that is one of a lot, shipment, or delivery of packages of the same commodity with no fixed pattern of measure. See Hawaii Revised Statutes 486-1
• Reasonably associated individual: means any person known to the qualified person to be reasonably associated with the elder, vulnerable adult, or account. See Hawaii Revised Statutes 485A-801
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Remand: When an appellate court sends a case back to a lower court for further proceedings.
• Retail: means sale to the final consumer. See Hawaii Revised Statutes 486-1
• sale: include barter and exchange. See Hawaii Revised Statutes 486-1
• Standard package: means a package that is one of a lot, shipment, or delivery of packages of the same commodity with identical net contents declarations. See Hawaii Revised Statutes 486-1
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Type: means a model or models of a particular measurement system, instrument, element, or a field standard that positively identifies the design. See Hawaii Revised Statutes 486-1
• Type evaluation: means the testing, examination, or evaluation of a type by a participating laboratory under the national type evaluation program. See Hawaii Revised Statutes 486-1
• Vulnerable adult: means a person eighteen years of age or older who, because of mental, developmental, or physical impairment, is unable to:

  (1) Communicate or make responsible decisions to manage the person's own care or resources;

  (2) Carry out or arrange for essential activities of daily living; or

  (3) Protect oneself from abuse. See Hawaii Revised Statutes 485A-801