PART I. 
GENERAL PROVISIONS



 



§157-1  Definitions.



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



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



"Class I milk" includes all
Hawaii-produced fresh milk or fresh milk constituents to be utilized in fluid
form 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 fresh
milk, up to one hundred per cent of the total production quotas for all milk
sheds in the State, shall be deemed to be utilized as class I unless
utilization is in an excess pool, or as plant shrinkage and route returns are
proven.



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



"Consumer" means any person who
purchases milk for consumption.



"Cream" means the fatty liquid or
semi-liquid separated from milk and contains not less than eighteen per cent
butterfat.



"Distributor" means any person not
producing milk who buys, processes, and containerizes milk for sale to
consumers, stores, or others.  It shall also include a producer-distributor
functioning in the producer-distributor's capacity as a distributor.



"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 is disposed of either at a complete loss or 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 fat or oil other than butterfat so that the
resulting product is in imitation or semblance of any form of fresh whole milk
or cream.



"Flavored milk" or "flavored
skim milk" means a beverage or confection consisting of either milk or
skimmed milk, to which has been added a syrup or flavor made from wholesome
ingredients.



"Half-and-half" means a product
consisting of a mixture of milk and cream which contains not less than 10.5 per
cent 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 or
more healthy cows; which contains not less than 8.25 per cent milk
solids-not-fat and not less than 3.25 per cent milkfat.  For the purpose of
milk control, "milk" is any product, containing milk solids, normally
produced or marketed through the channels of the fluid milk trade and includes
raw milk, pasteurized milk, cream, buttermilk, flavored milk, recombined or
reconstituted milk, filled milk, and sterilized milk.  "Milk" shall
not include butter, cheese, ice cream, or condensed or evaporated milk
contained in hermetically sealed cans.



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



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



"Pasteurized milk" means fresh milk
which has been heated to at least 145 degrees Fahrenheit for at least thirty
continuous minutes, or to at least 161 degrees Fahrenheit for at least fifteen
continuous 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 is
attributable to such events as leakage, spillage, and unrecoverable milk from
vats, pipes, and processing equipment.



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



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



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



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



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



"Skim milk" or "skimmed
milk" means fresh milk from which a sufficient portion of butterfat has
been removed to reduce the milk's butterfat content to less than five-tenths
per cent.



"Sterilized milk" means an absolutely
sterile, preheated product, of natural appearance and flavor, without additives
or adulterants, retaining the vitamins and constituents of normal milk and
aseptically 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 L
1986, 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]