HAR §4-135-8. Distribution of seals: reproduction

(a) Upon request wm an authorized user, the authorized agent or the department may make seals available at a reasonable cost and in such form as deemed most appropriate for the needs of the user... .. (b) . Seals shall not betransferred to, nor used by, any party other than the authorized user who requests and purchases these seals. . . . (c) An authorized user of a seal of quality may have the seal reproduced for use on the authorized ~er' s own packages or advertisements only after receiving written pemiission from the department or its authorized agent. . (d) When requesting written permission to reproduce a seal, the authorized user of the seal shall submit plans, drawings, or samples of the manner ,.;; ;1' 135-6 . .2660 . . in which the seal is to be used to the department or its authorized a~vm. . .. (e) Pennission to reproduce a sem is not transferable and any reproducing the sem may do so only to the extent specified in the written . . penmssion. ... (f) Thesea1s shall be reproduced exactly as shown in exhibits 1,2, or 3 located at the end of this chapter. The size of the seals may be expanded or reduced to appropriately fit the use, but in no case may the size be so small that the lettering is not legible. . . .. . (g) In the absel1ce of written permission to reprodUce a seal, the department or its authorized agent shall have the exclusive right to the . reproduction and distribution ~f the seal. . . (h) In the absf;mce of a contract with an authorized agent, the . department shall charge a IeaSonable fee for the distribution of seals for use by authorized users of the seals. These fees shall offset the costs of administering and enforcing the seal of quality program and promoting the seals, and any fees collected shall be deposited DnO the general fund or into a designated special fund if applicable. .. . (i) Program Fees .. Application fee (processiug): $50 per application (non- refundable) Year 1,2, and 3 Utili ~"'8 stickers I 05 per cent of the printing . . cost Utilizing print images (imprints) Y2 cent per impression for product packaging .. Year 4 and beyond utilizing stickers 110 per cent of the printing .., cost Utilizing print images (imprints) I cent per impression for . . . . .. product packaging. [Eft" SEP 03 ZO05 ] (Auth: HRS §148-63) (Imp: HRS §148-63) ~4-13S-9 agent for persons 135-7 2660 $4--135-9 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 authorizcxl 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 role under section 147-7, 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 determiping that this chapter or part V of chapter 148, HRS, is being vio1ated, may place a stop sale notice upon or near the product that is in vioJatiolL When a stop sale notice is issued: (I) The product shall not be sold, offered for sale, transferred, moved otfthe premises, or otherwise disposed ofuntiI an authorized inspector has removed the stop sale notice or written permission is . received wm 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 oftbis chapter may be subject to. the actions, procedures, and penalties provided in section 148-66~ MRS." [Rtf SEP 03 2005 ] (Auth: HRS §§148-63) (Imp: FIRS §§148--63 to 148-66) The adoptio~ of chapter 4-135, Hawaii Administrative Rules, sbal1 take effect ten days after filing with the Office of the Lieutenant Governor. 2. 135-8 2660 The adoption of chapter 4-135~ Hawaii Administrative Rules, on the Summary Page dated June 28~ 2005, were adopted on June 28, 2005 following public hearings held in Kahului, Maui on May 16,2005; in Honolulu, Oahu on May 16, 2005; in Lihue, Kauai on May 17, 2005; in Kealakelcua, Hawaii on May 11, 2005; and in Hilo, Hawaii~on May 18~ 2Q05, after public notice was given, respectively, in the Honolulu Star-Bulletin on April 16, 2005, The Maui News on April 19, 2005, and The Garden Island and West Hawaii on Aprll21, 2005. . . . . . . .. The adoption of chapter 4-135 sha1I take effect ten days after filing with . the Office of the Lieutenant Governor. . . . . APPROVED AS TO FORM: ~ I i-L I'L i - /!t../V-.~.( /(JI"'....... Deputy mey General ~ DEP ARTMENf OF AORlCUL TURE ~ APPROVED: ~ LINDA LINGLE GOVERNOR STATE OF HAWAII ... '.. . Dated: AU6 2 4 2005 Filed 135--9 2660 ~ .. Green Label ~ Exhibit 1 . . Standard Seal of Quality . Aprill.20O4 Gold Label Black/White Label Green Label Hawaii Seal of Quaflty &wnIGDId 18IIeI- Pamofte 3iI8 Green + SIIIny GelId fait en whiIII CMC:8I ~ . Exhibit 2. . Island Seal. of Quality . April I, 2004 Gold Label BlackIWhite Label Gold 1aeIeI- Ptlnlenel7t Gold an lhiny 8aIct fail 8I8c:IcMhmt 1atJeI- Black OIl" d8aII ~ ~ ~ Green Label ~ Exhibit 3 Partner Seal of Quality Aprill,20O4 Gold Label BlacklWhite Label ~