Haw. Code R. § 4-135-9

Current through November, 2024
Section 4-135-9 - Enforcement penalties, and prosecution
(a) During normal business hours, any authorized inspector of the department may enter any public or private premises, including any vehicle of transport, to enforce the licensing, labeling, and record keeping requirements of this chapter. This may include: inspection of products processes, facilities, methods of operation, or establishments; auditing any records pertaining to products or processes or use of the seal; and to otherwise monitor compliance with this chapter.
(b) The inspector may take, at no charge, representative samples of products labeled with the seal established by this chapter for inspection.
(c) A refusal on the part of an authorized user to cooperate with the department with regard to subsections (a) and (b) shall be sufficient grounds for suspension or revocation of the license to use the seal.
(d) The department may suspend or revoke the license to use the seal when an authorized user violates this chapter.
(e) Should a person be found in violation of this chapter based upon the investigation conducted in subsection (a), the costs of the investigation shall be paid by that person based on the number of hours spent in conducting the investigation multiplied by the hourly charge established by rule under section 141-7, HRS, and the actual costs of travel, per diem automobile mileage, and any other expenses accrued due to the investigation.
(f) Any authorized inspector, upon determining that this chapter or part V of chapter 148, HRS, is being violated, may place a stop sale notice upon or near the product that is in violation. When a stop sale notice is issued:
(1) The product shall not be sold, or offered for sale, transferred, moved off the premises, or otherwise disposed of until an authorized inspector has removed the stop sale notice or written permission is received from the department
(2) No person shall remove, deface, or otherwise tamper with any stop sale notice except upon approval of an authorized inspector; and
(3) A non-compliance notice issued by the department indicating the violation and corrective action required shall accompany the stop sale notice.
(g) Any person aggrieved by a decision of the department may request a review by the department or a hearing before the department within thirty days after non-compliance notice is received.
(h) Any person who violates any provision of this chapter may be subject to the actions, procedures, and penalties provided in section 148-66, HRS."

Haw. Code R. § 4-135-9

[Eff SEP 03 2005] (Auth: HRS §§ 148-63) (Imp: HRS §§ 148-63 to 148-66)