§145-34 Authority to seize, condemn, or destroy covered produce. (a) If the department believes any covered produce on a covered farm that is being grown, kept, or exposed for sale or held in possession or under the control of any person to be in violation of this part or rules adopted pursuant to section 145-39, the department may seize or take possession of or condemn, destroy, or require the destruction of the covered produce.
(b) Prior to condemning, destroying, or requiring the destruction of covered produce pursuant to subsection (a), the department shall seize the covered produce and either:
(1) Secure written agreement to the condemnation or destruction, on a form to be provided by the chairperson, from the person from whom the covered produce was seized; or
(2) Make complaint before a district judge pursuant to section 145-35. [L 2019, c 103, pt of §2]
Structure Hawaii Revised Statutes
Title 11. Agriculture and Animals
145. Regulation of Farm Produce
145-4 Bonding of commission merchant and broker.
145-5 Reports of consignment sales.
145-7 Credit for loss or dumping.
145-9 Complaints and investigations.
145-10 Administrative penalties.
145-11 Nuisance may be enjoined, abated.
145-13 Remedies and penalties not exclusive.
145-14 Disposition of fees and charges.
145-22 Agricultural commodities; ownership and movement certification.
145-23 Lack of proof of ownership as a violation.
145-24 Authorization to inspect.
145-25 Enforcement; criminal penalties.
145-27 Authorization to seize and hold commodities; disposition.
145-32 Covered farm; covered produce; exemptions.
145-33 Chairperson to have access to certain farms.
145-34 Authority to seize, condemn, or destroy covered produce.
145-35 Proceeding for condemnation or destruction of covered produce.
145-36 Judgment; appeal; proceeds.