HAR §4-158-1. 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. 158-5 2787 §4-158-1 "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 158-6 87 §4-158-1 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, 158-7 2787