§147-2 Duties of department; violations; proceedings; penalties. The department shall administer and enforce this part and rules adopted by the department pursuant thereto.
The following penalties, remedies, procedures, and actions shall apply in instances of violations and complaints of violations of this part, or of the rules adopted by the department under the authority of this part:
(1) Administrative penalty. The department may, after notice and opportunity for hearing, fine any person who violates this part or any rule adopted under this part, not more than $1,000 for each separate offense. Each day or instance of violation shall constitute a separate offense. Any action taken to impose or collect the penalty provided for in this paragraph shall be considered a civil action;
(2) Nuisance may be enjoined, abated. Violation of this part or of any rule adopted thereunder is declared a public nuisance and may be enjoined or abated as such in a suit filed and prosecuted in the circuit court by the department or the attorney general. The several circuit courts are hereby vested with jurisdiction to prevent and restrain violation of this part or of any rule effective thereunder;
(3) Misdemeanor. Any person who violates this part or any rule adopted under this part shall be fined not more than $1,000 or imprisoned not more than one year, or both;
(4) The penalties and remedies prescribed in this section with respect to any violation mentioned in this section shall be concurrent and alternative and neither singly nor combined shall the same be exclusive and either singly or combined the same shall be cumulative with any and all other civil, criminal, or alternative rights, remedies, or penalties provided or allowed by law with respect to any such violation; and
(5) Nothing in this section shall prohibit the county police departments and county prosecutors or state law enforcement agencies from investigating and enforcing criminal violations of this chapter. [L 1945, c 252, §2; RL 1955, §22-2; am L Sp 1959 2d, c 1, § §14, 22; am L 1961, c 132, §2; am L 1963, c 114, §1 and c 193, §8; HRS §147-2; am L 1983, c 257, §3; am L 1985, c 111, §1; am L 2012, c 328, §2]
Cross References
Administrative hearing, see chapter 91.
Rules of Court
Injunction, see HRCP rule 65.
Structure Hawaii Revised Statutes
Title 11. Agriculture and Animals
147-2 Duties of department; violations; proceedings; penalties.
147-5 Prohibition of deceptive packing.
147-7 Inspection and classification of agricultural commodities; fees.
147-7.5 REPEALED. L 2003, c 49, §11.
147-8 Appeal for classification; fee.
147-9 Certificate as evidence.
147-10 Income from certification and agriculture control activities.
147-25 Duties of department; violations; proceedings; penalties.
147-34 Inspection; certification fees.
147-37 Duties of department; violations; proceedings; penalties.
147-52 Grades, standards and classifications; changes.
147-53 Department; grades, standards and classifications; factors.
147-54 Department, consideration of use.
147-55 Department, notice of hearing.
147-56 Department, hearing, determination.
147-57 Department, rules and regulations, contracts, cooperation, fees.
147-58 Department; inspections, etc.; request necessary.
147-59 Continuous factory inspection; request necessary; labels or marks.
147-60 Certificate, appeal to department.
147-61 Certificate, prima facie evidence.
147-62 Misrepresentation as to grade, etc., penalties.
147-63 Remedies, extension of other powers.
147-71 Words and phrases defined.
147-74 Grading standards and regulations.
147-75 Notice of grade and size; designation of origin of imported eggs; violation.
147-76 Advertisement of eggs and price.
147-77 Signs and labels on cartons, crates, etc.
147-80 Administrative penalties.
147-81 Remedies and penalties not exclusive.
147-91 Standard grades; rules and regulations.
147-93 Cooperating with federal authority.
147-95 Regulation of advertising.
147-101 Certification services revolving fund.
147-102 Certification and audit services.
147-112 Cooperative agreements and contracts to provide auditing and certification services.
147-113 Audits and certification; requests necessary.
147-114 Fees and deposit of moneys.
147-115 Certificate as evidence.
147-116 Hawaii good agricultural practices program.
147-121 Official certifying agency.
147-123 Cooperative agreements and contracts to provide agricultural crop certification services.
147-124 Certification; requests necessary.