Haw. Code R. § 4-158-1
As used in this chapter:
"Abandoned property" means any and all property, unless the context clearly indicates otherwise, including personal property, items, materials, equipment, fixtures, motor vehicles, or vessels, that have been left unattended on land owned or controlled by the State without authority for a continuous period of more than twenty-four hours.
"Administrator" means the head of the division of agricultural resource management, department of agriculture, or any officer or employee to whom authority has been duly designated.
"Agricultural activities" means the care and production of livestock, livestock products, poultry, or poultry products, or apiary, horticultural, or floricultural products, or the planting, cultivating, and harvesting of crops or trees; has the same meaning as defined in section 166E-2, HRS.
"Agricultural commodity" means any agricultural product, including but not limited to, horticultural (including floriculture), nuts, coffee, whether cherry, parchment, or green beans, fresh fruits and fresh vegetables of every kind and character, whether or not frozen or packed in ice, whether produced in the State or imported, products, livestock and livestock products, bees and honey, poultry and poultry products, egg and egg products, timber and Christmas trees, fish and fish products either in their natural state or as processed by the producer thereof or by a processor, as defined in this section.
"Agricultural processing" means the processing of agricultural produce or products, including dairying, grown, raised, or produced in Hawaii.
"Agriculture or agricultural" means the planting, cultivating, harvesting, and processing of crops, including those planted, cultivated, harvested, and processed for food, ornamental, grazing, or forestry purposes, and including aquatic life farmed or ranched.
"Animal unit" means one mature cow or horse; two yearling steers or heifers; five mature sheep; twelve weaned lambs; or two colts.
"Applicant" means any person or entity, which acts to acquire or obtain a lease or any interest therein, including a sublease, or an interest in an association or a partnership which either holds the lease or owns the stock in a corporation which holds the lease.
"Aquacultural activities" means the farming or ranching of any plant or animal species in a controlled salt, brackish, or freshwater environment; provided that such farm or ranch is on or directly adjacent to land; has the same meaning as defined in section 166-2, HRS.
"Board" means the board of agriculture or its designated representative.
"Bona fide farmer" means a person who:
(1) Was an owner-operator of an established farm conducting a substantial farming operation and for a substantial period of the person's life resided on a farm or depended on farm income for livelihood;
(2) Has at least two years' experience as a full-time farmer or four years' experience as a part-time farmer and who, in the administrator's judgment, is likely to successfully operate a farm by reason of ability, experience, and training as a vocational trainee;
(3) Has qualified for and received a commitment for a loan under the Bankhead-Jones Farm Tenant Act, as amended, or as may hereafter be amended, for the acquisition of a farm; or
(4) Is a member of the Hawaii Young Farmer Association or a Future Farmer of America graduate with two years of training with farming projects.
The term "bona fide farmer" includes agricultural cooperatives organized under chapter 421, HRS, or other agricultural associations or partnerships, at least seventy-five per cent of the members of which would qualify individually as bona fide farmers. It also includes corporations incorporated primarily for agricultural production purposes where at least seventy-five per cent of its trustees, officers, stockholders, and members qualify individually, excluding a holder of record having a security interest. For the purposes of this chapter, "bona fide farmer" also includes "beekeeper", and "qualified aquaculturalist" as defined in section 219-2, HRS.
"Carrying capacity" means the maximum number of animal units which an area will support over a period of years without injury to the soil, forage resources, tree growth, watershed, or unwarranted interference with other services of the land.
"Chairperson" means the chairperson of the board of agriculture.
"Commercial exporter" means any person who is engaged in the business of exporting fresh or processed agricultural commodities to points outside the State.
"Consumer" means any person or firm purchasing agricultural commodities for human consumption or animal consumption.
"Conversion" means the extinguishing of an existing encumbrance and the issuance of a new long-term lease to the existing lessee.
"Corporate successor" means a solely-owned corporation which, through assignment of lease, succeeds to the interest of a lessee and who shall own all of the stock issued by, and be the principal officer of, the corporation.
"Department" means the department of agriculture.
"Displaced farmer" means a person who is or will be displaced from land that was condemned, taken, or repossessed by a governmental authority or private person within five years of application date.
"Division" means the agricultural resource management division of the department of agriculture.
"Economic unit" means the minimum size land area that is economically suitable for the operation of a farm.
"Encumbrance" means any instrument issued including but not limited to lease, permit, license, easement, grant, contract, or authorization to occupy and use non-agricultural park lands under terms and conditions of this chapter.
"Established date of operation" means the date on which the original farming operation first commenced operation. If the physical facilities of the farming operation are subsequently expanded or new technology adopted, the established date of operation for each change shall be the same as the established date of operation for the original operation, provided that this does not violate existing state law or county ordinances.
"Farm" also means "ranch" and "farmer" also means "rancher".
"Farm dwelling" means a single- or multiple-family dwelling or employee dwelling located on a farm and used in connection with agricultural or aquacultural activities.
"Farming operation" means a commercial agricultural or aquacultural facility or pursuit conducted, in whole or in part, including the care and production of livestock and livestock products, poultry and poultry products, and apiary, horticultural, or floricultural products; the planting, cultivating, and harvesting and processing of crops; and the farming or ranching of any plant or animal species in a controlled salt, brackish, or freshwater environment. "Farming operation" also includes, but shall not be limited to marketed produce at roadside stands or farm markets; noises, odors, dust, and fumes emanating from a commercial agricultural or an aquacultural facility or pursuit; operation of machinery and irrigation pumps; ground and aerial seeding and spraying; the application of chemical fertilizers, conditioners, insecticides, pesticides, and herbicides; and the employment and use of labor. A farming operation that conducts processing operations or salt, brackish, or freshwater aquaculture operations on land that is zoned for industrial, commercial, or other non-agricultural use shall not, by reason of that zoning, fall beyond the scope of this definition; provided that those processing operations form an integral part of operations that otherwise meet the requirements of this definition.
"Holder of record having a security interest" means a person who is the owner or possessor of a security interest in any land covered in section 4-158-36 and who has filed a copy of the interest with the department and the bureau of conveyances of the State.
"Land" includes all interests therein and natural resources including water, minerals, and all such things connected with land, unless otherwise expressly provided.
"Land agent" means the land agent of the public lands of the district where the land is situated, and is interchangeable with "property manager".
"Land license" means a privilege granted to enter land for a certain special purpose such as the removal of timber, soil, sand, gravel, stone, hapuu, and plants. "Land license" does not include ground or surface water rights, or removal of minerals.
"Land patent" means a government grant of real estate in fee simple.
"Lease" means the right to possess and use land for a term of years.
"New farmer" means a person who is:
(1) A college or community college graduate in agriculture, aquaculture, or beekeeping who has less than two years'' experience as a full-time farmer or less than four years' experience as a part-time farmer; or
(2) A person who by reason of ability, experience, and training as a vocational trainee is likely to successfully operate a farm, as determined by the administrator.
"Non-conforming use" means a use formerly permitted but presently incompatible with the permitted land use in a zoning district.
"Offgrade" is a descriptive term applicable to agricultural commodities which have a market value, and designates a quality lower than the lowest applicable grade in Hawaii, or other states in the Union for each agricultural commodity.
"Partner" means a person, firm, corporation, partnership, association, trust, or other legal entity, or a combination of any thereof, who or which has experience in the development and subdivision of land for agricultural or aquacultural uses and has the financial ability satisfactory to the board to develop and subdivide land and enter into a joint venture as provided in this section.
"Processed" means canned, preserved, frozen, pickled, dried, or otherwise prepared with or without any ingredients added thereto.
"Processor" means any person engaged within this State in the operation of producing for processing, or in the operation of receiving, grading, packing, canning, fermenting, distilling, extracting, preserving, grinding, crushing, or changing the form of an agricultural commodity for the purposes of marketing such product, in the intrastate commerce, but excludes a person engaged in manufacturing from an agricultural commodity, so changed in form, to another and different product. Examples: wine maker, kukui nut oil extractor, taro flour maker, etc.
"Produce dealer" means any person other than a producer who is engaged in the selling, marketing, or distributing of any agricultural commodity or in the business of soliciting.
"Producer" means any person engaged within this State in the growing or producing for market of any agricultural commodity, or any cooperative association of such persons.
"Product" means an agricultural commodity which has been produced by the producer and placed in condition for sale or distribution by the producer, distributor, or handler.
"Public lands" means all lands which have been given the status of public lands under chapter 171, HRS, and excluded by section 171-2, HRS; including all of the transferred non-agricultural park lands collectively and individually under chapter 166E, HRS, and to which the department of agriculture holds title by way of foreclosure, voluntary surrender, or otherwise, to recover moneys loaned or to recover debts otherwise owed the department under chapter 167.
"Public purpose" as used in this chapter, unless the context clearly indicates otherwise, includes but shall not be limited to all public uses, the straightening of boundaries of public lands, acquisition of access to landlocked public lands, the consolidation of the holdings of public lands, development of houselots, farmlots, and industrial parks.
"Qualified aquaculturalist" means a person who:
(1) Is actively engaged in aquaculture farming, aquacultural produce processing, or aquacultural product development activities; and
(2) Is a bona fide farmer or new farmer as defined in this chapter.
"Seized property" or "property seized" means any and all property, including personal property, items, materials, equipment, fixtures, motor vehicles, or vessels, that has been seized by the State as the result of an unauthorized use of or encroachment on land owned or controlled by the State.
"State" means the State of Hawaii.
"Unencumbered public lands" means any lands defined as public lands by section 171-2, HRS, and which have not been:
(1) Set aside for any purpose, by statute, executive order, or other means to a governmental agency; or
(2) Encumbered by lease, license, permit, easement, or other document issued by the department.
Unencumbered public lands include, but are not limited to, beach and coastal areas, submerged lands, and mountainous nonforest reserve, wildlife, or park areas.
Haw. Code R. § 4-158-1