HAR §4-60-1. Definitions

Terms defined in section 157-1, HRS when used in this chapter, shall be as defined in section 157-1, HRS. In addition, as used in this chapter: “Branch” means the commodities branch. “Buttermilk” or “Cultured buttermilk” is a fluid product resulting from the souring or treatment, by means of lactic acid or other culture, of pasteurized skim milk or pasteurized reconstituted skim milk. It contains not less than 8.25 per cent milk solids-non-fat. “California price” means the minimum price per hundredweight for northern California class I market milk F.O.B. plant as published by the California Department of Food and Agriculture. “Class I milk” is all fresh milk or fresh milk constituents utilized in fluid form for human consumption, which utilization shall include, but not limited to, pasteurized milk, cream, half-and-half, whole milk, skim milk, buttermilk, flavored milk, flavored skim milk, reconstituted or recombined milk, and filled milk. All such fresh milk received by a processing plant shall be deemed to be utilized as class I unless utilization in class II, in an excess pool or as plant shrinkage and route returns are proven. “Class II milk” is all fresh milk or fresh milk constituents utilized in non- fluid form for human consumption, which utilization shall include, but not be limited to, ice cream, ice cream mix, cottage cheese, and yogurt. “Cream” is the ‘fatty’ liquid or semi-liquid separated from milk and contains not less than 18 per cent butterfat. “Excess milk” is fresh milk in excess of the total class I and class II requirements of the milk shed and allowable plant shrinkage and route returns. “Excess pool’ means a special pooling technique to be used when fresh milk, produced in excess of the total class I and class II requirements of the market and allowable plant shrinkage and route returns, results in the milk or its constituents either being dumped at a complete loss or disposed of at its highest practical salvage value. “Filled milk” is any milk, cream, or skim milk, whether fresh or recombined, to which has been added or which has been blended or compounded with any edible fats or oils other than butterfat so that the resulting product is in imitation or semblance of fresh, whole milk, cream or skim milk. “Flavored milk” or “flavored skim milk” is a beverage or confection consisting of milk or skimmed milk, as the case may be, to which has been added a syrup or flavor made from wholesome ingredients. “Fresh milk” or “Fresh” as used with reference to milk means the milk as drawn from cows which may or may not have been processed by homogenization, pasteurization, or standardization of butterfat content. It shall not include products produced by recombining dry milk constituents with water to produce a recombined or reconstituted milk product. “Gross Value” means the total value of all milk as utilized and paid for. “Half-and-half” is a product consisting of a mixture of milk and cream which contains not less than 10.5 per cent butterfat. “Hawaii milk shed” means the county of Hawaii. “Honolulu milk shed” means the county of Honolulu. “License” means the authorization issued by the board or the manager to producers, producer-distributors, and distributors to operate their dairy enterprise in a milk shed pursuant to chapter 157, HRS, and rules adopted thereunder. “License fee” means an assessment levied on each licensed milk producer, producer-distributor, or distributor to secure funds for the administration of chapter 157, HRS, in a milk shed. “Lowfat milk” is milk from which a sufficient portion of butterfat has been removed to reduce its butterfat content to not less than .5 per cent and not more than 2 per cent. “Manager” means the manager of the commodities branch. “Pasteurized milk” is fresh milk which has been treated by heating every particle of milk to a temperature of at least 145°F. and holding it at such temperature continuously for at least thirty minutes, or to at least 161 F. and holding it at such temperature continuously for at least fifteen seconds in approved and properly operated equipment. “Plant shrinkage” means the loss of fresh milk occurring during the processing of milk or milk products and includes, but not limited to, such items as leakage, spillage, and milk not fully recovered from vats, pipes, and processing equipment. “Quota” means the amount of daily fresh milk production which a producer is allocate under chapter 157, HRS, and in accordance with the rules and regulations of the board. Quotas shall be expressed in terms of hundredweight of fresh milk. “Raw milk” is fresh milk that has not been pasteurized. “Recombined milk” or “Reconstituted milk” is a product resulting from the recombining of milk constituents with potable water and which complies with the standards for butterfat and solids-not-fat of whole milk. “Recombined skim milk” or “Reconstituted skim milk” means a product which results from the recombining of skim milk constituents with potable water and which contains not less than 8.25 per cent solid-not-fat. “Route returns” means fresh milk returned from retail stores or by retail route customers. “Service fee” means the amount of compensation paid to a producer- distributor or distributor for services rendered in withholding, collecting, and remitting license fees in a milk shed. “Skim milk” or “Skimmed milk” is fresh milk from which a sufficient portion of butterfat has been removed to reduce its butterfat content to less than five-tenths per cent. “Utilized” or “Utilization” – milk is considered to be utilized by a distributor or producer-distributor when processed and containerized from distribution. “Whole milk” is the lacteal secretion of cows, practically free from colostrum, which contains not less than 8.25 per cent milk solids-not-fat and not less than 3.25 per cent butterfat. [Eff 7/16/80; am and comp 12/1/85; am and comp 5/1/87; am 10/4/97; am 12/26/97] (Auth: HRS §157-13) (Imp: HRS §151-1) SUBCHAPTER 2 LICENSING AND LICENSE FEE RULES §4-60-2 Granting, suspending and revoking licenses (a) HRS §157-24(a) is made a part of this section. Upon finding that any grounds for denial exist, the board, prior to rendering a final decision, shall give reasonable notice to all interested parties and afford the license applicant an opportunity for hearing under section 91-9, HRS. (b) HRS §157-24(b) is made a part of this section. Upon finding that any ground for suspension, revocation, or refusal to renew a license exists, the licensee may be so informed in writing and requested to voluntarily surrender the license in the case of either a suspension or revocation. The same procedure shall apply during the period of license renewal. Should the licensee refuse to voluntarily surrender the license, the licensee shall then be given reasonable notice and afforded an opportunity for hearing under section 91-9, HRS. [Eff 7/16/8-0; am and comp 12/1/85; comp 5/1/87] (Auth: HRS §157-13) (Imp: §157-24)