HAR §11-15-38. Permits

(a) It shall be unlawful for any person who does not possess a permit from the director to bring into, send into, or receive into the State of Hawaii for sale, or to sell, or offer for sale, or to have in storage any milk or milk products; provided that no permit shall be required of: (1) Grocery stores, restaurants, soda fountains, schools, institutions, and similar establishments where milk or milk products are served or sold at retail, but not processed or imported; or (2) Any person receiving or distributing imported aseptically processed milk and milk products which comply with the requirements of section 11-15-48; or (3) Any person receiving or distributing imported dry milk and whey products specified in section 11-15-34. (b) Every milk producer, milk hauler, milk distributor, and each milk plant, receiving station and transfer station operator shall secure the permit by making written application on forms provided by the director. Upon receipt of such an application, the director shall make an inspection of the establishment and analyze the milk and milk products to determine compliance with the requirements of this chapter. When inspection and analysis of the milk and milk products reveal that the applicable requirements of this chapter have been met, the permit shall be issued to the applicant by the director. Only a person who complies with the requirements of this chapter shall be entitled to receive and retain a permit. The permit shall not be transferable with respect to persons or locations. The permit shall expire on June 30 of each year and an application to renew the permit shall be made prior to this date. (c) A milk or milk product shall be deemed adulterated: (1) Whenever the director has reason to believe after inspection, investigation or sampling that the milk or milk product creates, or appears to create, an imminent health hazard to the public health; (2) Whenever the permittee's operational procedures prevent the collection of samples required by section 11-15-41; (3) Whenever the permittee has interfered with the director in the performance of the director's duties; or (4) In any case of a willful refusal to permit authorized inspection. The permittee shall be given written notice specifying the particular violation and the milk or milk product shall not be offered for sale. When the violation has been corrected to the satisfaction of the director, the milk or milk product may be sold. (d) Whenever the permittee has violated any of the requirements of this chapter, except as stipulated in subsection (c), the director may serve a written notice of intent to suspend the permit. Any person receiving a notice of intent to suspend the permit from the director may request a hearing pursuant to chapter 91, HRS. A request for a hearing shall be in writing and submitted to the director not later than forty eight hours after receiving the intent to suspend notice. Upon receiving a request for a hearing by the permittee, the director shall proceed to a hearing to ascertain the facts of such violation and upon evidence presented at the hearing shall affirm, modify, or rescind the intended suspension. As provided in chapter 91, HRS, the permittee shall be given written notice of hearing at least fifteen days before the hearing. If no request for a hearing is made, the permit shall be suspended. In lieu of a hearing, any person whose permit has been suspended may make written application for reinstatement of the permit. The application shall include a statement signed by the applicant stating that in the applicant's opinion the conditions causing the suspension of the permit have been corrected. The application shall also include evidence supporting the applicant's opinion. The permit shall be reinstated when an inspection and analysis of the affected milk or milk product shows that the violation has been corrected to the satisfaction of the director. (e) Upon repeated violation the director may revoke the permit following written notice to the permittee and an opportunity for a hearing as provided for in chapter 91, HRS. When a permit is revoked, a person may reapply for a permit pursuant to section 11-15-38(b). (f) Any milk producer whose permit has been suspended may sell raw milk for manufacturing products such as cheese, ice cream, and frozen desserts; provided that the raw milk meets the standards for raw milk for manufacturing purposes in section 11-15-42. During the time the permit is suspended, the raw milk shall not be sold as Grade "A" raw milk or used to manufacture Grade "A" milk or milk products. [Eff. AUG 14 1989] (Auth: HRS §§321-11, 328-8) (Imp: HRS §§321-11, 328-8, 328-11, 328-12)