PART I. GENERAL PROVISIONS

 

§157-1  Definitions.

"Board" means the board ofagriculture, department of agriculture.

"Buttermilk" or "culturedbuttermilk" means a fluid product resulting from the souring or treatment,by means of a lactic acid or other culture, of pasteurized skim milk orpasteurized reconstituted skim milk.  It contains not less than 8.25 per centnonfat milk solids.

"Class I milk" includes allHawaii-produced fresh milk or fresh milk constituents to be utilized in fluidform for human consumption, including pasteurized milk, cream, half-and-half,whole milk, skim milk, buttermilk, flavored milk, flavored skim milk,reconstituted or recombined milk, and filled milk.  All Hawaii-produced freshmilk, up to one hundred per cent of the total production quotas for all milksheds in the State, shall be deemed to be utilized as class I unlessutilization is in an excess pool, or as plant shrinkage and route returns areproven.

"Class II milk" includes all freshmilk or fresh milk constituents to be utilized in non-fluid form for humanconsumption, including ice cream, ice cream mix, cottage cheese, and yogurt.

"Consumer" means any person whopurchases milk for consumption.

"Cream" means the fatty liquid orsemi-liquid separated from milk and contains not less than eighteen per centbutterfat.

"Distributor" means any person notproducing milk who buys, processes, and containerizes milk for sale toconsumers, stores, or others.  It shall also include a producer-distributorfunctioning in the producer-distributor's capacity as a distributor.

"Excess pool" means a special poolingtechnique to be used when fresh milk produced in excess of the total class Iand class II requirements of the market and allowable plant shrinkage and routereturns is disposed of either at a complete loss or at its highest practicalsalvage value.

"Filled milk" is any milk, cream orskim milk, whether fresh or recombined, to which has been added or which hasbeen blended or compounded with any fat or oil other than butterfat so that theresulting product is in imitation or semblance of any form of fresh whole milkor cream.

"Flavored milk" or "flavoredskim milk" means a beverage or confection consisting of either milk orskimmed milk, to which has been added a syrup or flavor made from wholesomeingredients.

"Half-and-half" means a productconsisting of a mixture of milk and cream which contains not less than 10.5 percent butterfat.

"Licensee" means a licensed producer,licensed producer-distributor, or licensed distributor.

"Milk" is the lacteal secretion,practically free from colostrum, obtained by the complete milking of one ormore healthy cows; which contains not less than 8.25 per cent milksolids-not-fat and not less than 3.25 per cent milkfat.  For the purpose ofmilk control, "milk" is any product, containing milk solids, normallyproduced or marketed through the channels of the fluid milk trade and includesraw milk, pasteurized milk, cream, buttermilk, flavored milk, recombined orreconstituted milk, filled milk, and sterilized milk.  "Milk" shallnot include butter, cheese, ice cream, or condensed or evaporated milkcontained in hermetically sealed cans.

"Milk shed" means any county orportion thereof in the State wherein milk control is established.

"Order" means an order or agreementissued by the board under this chapter implementing rules and formulas adoptedpursuant to chapter 91, pertaining to the production, transportation,processing, storage, distribution, and delivery of milk, and the establishmentof quotas and the setting of minimum prices of milk within any milk shed in theState during any specified period or periods.

"Pasteurized milk" means fresh milkwhich has been heated to at least 145 degrees Fahrenheit for at least thirtycontinuous minutes, or to at least 161 degrees Fahrenheit for at least fifteencontinuous seconds, in approved and properly operated equipment.

"Plant shrinkage" means the loss offresh milk occurring during the processing of milk or milk products and isattributable to such events as leakage, spillage, and unrecoverable milk fromvats, pipes, and processing equipment.

"Producer" means any person producingmilk or any agricultural cooperative that markets milk for sale to distributorsor producer-distributors.

"Producer-distributor" means anyperson who produces milk, or who produces and buys milk, and processes andcontainerizes milk for sale to consumers, stores, or others.

"Recombined milk" or"reconstituted milk" means a product which results from the recombiningof milk constituents with potable water and which complies with the standardsfor butterfat and nonfat milk solids of whole milk.

"Route return" means fresh milkreturned from retail stores or by retail route customers.

"Shortage" means that the productionof Hawaii-produced milk is less than one hundred per cent of the totalproduction quotas for all of the milk sheds in the State.

"Skim milk" or "skimmedmilk" means fresh milk from which a sufficient portion of butterfat hasbeen removed to reduce the milk's butterfat content to less than five-tenthsper cent.

"Sterilized milk" means an absolutelysterile, preheated product, of natural appearance and flavor, without additivesor adulterants, retaining the vitamins and constituents of normal milk andaseptically containerized. [L 1967, c 260, §3; HRS §157-1; am L 1971, c 184,§1; am L 1972, c 40, §1; am L 1977, c 65, §1 and c 96, §1; gen ch 1985; am L1986, c 61, §1; am L 1988, c 25, §1; am L 1994, c 144, §1; am L 1997, c 118,§§1, 6; am L 1998, c 19, §1; am L 2008, c 46, §2]