§155-1  Definitions.  Whenever used inthis chapter:

"Cooperative" means a nonprofitassociation of farmers organized under chapter 421.

"Farm land" means land used foragricultural purposes, including general farming, cane growing, fruit growing,flower growing, grazing, dairying, the production of any form of livestock orpoultry, and any other form of agricultural activity.  It includes landrequired for an adequate farm dwelling and other essential farm buildings,roads, and wasteland.

"Farm sustainable projects" meansprojects that improve the operation's viability but are not directly tied tofarm crop production.  Projects may include but are not limited to photovoltaicenergy, hydroelectric power, wind power generation, methane generation, food safety,product traceability, biodiesel production, and ethanol production.

"Food manufacturers" means entitiesthat process Hawaii-grown agricultural products or that utilize Hawaii-grownagricultural products as an ingredient in the manufacturing process.  Processedand manufactured agricultural food products include items such as chips, dairyproducts, guava and papaya puree, macadamia nut products, fruit drinks, juices,nectars, jams, jellies, packaged coffee, processed vegetables, freeze-dried andfresh poi, processed meat products, cookies, and candies.

"Mortgage" includes classes of lienson farm land and other authorized security as are approved by the department ofagriculture and the credit instruments secured thereby.

"New farmer program" means a new farmenterprise for qualified new farmers, including persons who are:

(1)  Displaced from employment in an agriculturalproduction enterprise;

(2)  College graduates in agriculture;

(3)  Community college graduates in agriculture;

(4)  Members of the Hawaii Young Farmer Associationand Future Farmer of America graduates with farming projects;

(5)  Persons who have not less than two years'experience as part-time farmers;

(6)  Persons who have been farm tenants or farmlaborers;

(7)  Other individuals who for the two years lastpreceding their application have obtained the major portion of their incomefrom farming operations; and

(8)  Persons who by reason of ability, experience, andtraining as vocational trainees are likely to successfully operate a farm, whootherwise meet the eligibility requirements of section 155-10.

"Part-time farmer" means a person ofproven farming ability who:

(1)  Has been operating the person's farm for at leasttwo years on land owned by the person in fee or on land rented or leased fromothers;

(2)  Is presently devoting a portion of the person'stime to farming; and

(3)  Derives between twenty-five to fifty per cent ofthe person's net cash income from direct participation in farming in itsbroadest sense.

"Private lender" includes banks,savings and loan associations, credit unions, mortgage companies, and otherqualified companies whose business includes the making of loans in the State.

"Qualified farmer" means a person ofproven farming ability who operates the person's own farm on land owned by theperson in fee or on land rented or leased from others and who is presentlydevoting, has recently devoted, or intends to devote most of the person's timeor who derives a major portion of the person's net cash income from directparticipation in farming in its broadest sense.  It includes:

(1)  Hawaii partnerships controlled by at leastseventy-five per cent by persons who would qualify individually and would meetthe eligibility requirements of section 155-10;

(2)  Small corporations where at least seventy-fiveper cent of each class of stock issued by the corporation is owned by personswho qualify individually and would meet the eligibility requirements of section155-10 and where seventy-five per cent of the directors are qualified farmers;

(3)  Corporations incorporated in the State primarilyfor agricultural production purposes; actively engaged in agriculturalproduction for a minimum of two years; and with at least seventy-five per centof each class of stock owned by persons who are residents of this State orentities that are domiciled in this State;

(4)  Trusts with situs in Hawaii in which the trusteeor other individual or entity in control of the operations of the trust wouldqualify and meet the eligibility requirements of section 155-10; and

(5)  Any other legal entity recognized by the Statethat conducts business in the State and that is capable of acquiring, holding,encumbering, transferring, or otherwise administering property, whether real orpersonal, or tangible or intangible, and which entity is owned and controlledby persons or other entities, at least seventy-five per cent of which wouldqualify and would meet the eligibility requirements of section 155-10. [L 1959,c 278, pt of §1; am L Sp 1959 2d, c 1, §25; am L 1961, c 104, §1(a), (b) and c132, §2; Supp, §102-1; HRS §155-1; am L 1972, c 87, §1; am L 1974, c 231,§2(1); am L 1975, c 135, §1; am L 1979, c 210, §1; gen ch 1985; am L 1996, c23, §1; am L 1999, c 32, §1; am L 2000, c 51, §2; am L 2001, c 141, §1; am L2008, c 209, §1]