§145-38 Civil penalty. [See Note at part heading.] Any person who violates any provision of this part or rule adopted pursuant to section 145-39 shall be subject to a civil penalty in an amount not to exceed $1,000 per violation. In determining the amount of any civil penalty, the board of agriculture shall give due consideration to:
(1) The history of the person's previous violations;
(2) The seriousness of the violation; and
(3) The demonstrated good faith of the person charged in attempting to achieve compliance with this part after being notified of the violation.
The penalty shall be collected by the department, and the proceeds shall be deposited into the general fund. [L 2019, c 103, pt of §2; am L Sp 2021, c 9, §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.