Haw. Code R. § 4-143-2 - Inspection and fees

(a) Inspection for certification of green coffee, natural coffee, or mixed natural coffee by the department shall be voluntary on the part of the applicant and will be made only upon the request of the applicant.

(b) Inspection for certification of green coffee, natural coffee, or mixed natural coffee for grade and condition by the department shall be conducted upon the processing of parchment coffee into green coffee or natural coffee, provided that the green coffee, natural coffee, or mixed natural coffee shall be graded, placed into sealed containers, and tagged as described in section 4-143-1(i) before the green coffee, natural coffee, or mixed natural coffee is offered for inspection.

(c) The application for certification shall include a signed statement attesting to the geographic region of production as defined, in section 4-143-3, of the green coffee, natural coffee, or mixed natural coffee and the quantity in pounds.

(d) It shall be the responsibility of the owner of the coffee to apply to the department for certification.

(e) The department shall provide green coffee, natural coffee, or mixed natural coffee inspection at centralized pulping, hulling, grading, milling, processing, shipping, or storage plants.

(f) Each application for inspection shall be completed by the applicant on an approved department form, signed and filed with the office of inspection or any inspector at or near the place where the inspection is desired. The application, due to noncompliance with this chapter, may be rejected by the supervisor. The supervisor shall notify the applicant in writing of the reason for the rejection as soon as possible.

(g) The applicant shall make every container of each lot of the product to be inspected readily accessible for sampling and inspection. Coffee bags or containers sampled for certification shall not be moved from the facility where it was sampled until approval is given by the department. Movement of coffees without approval shall be considered a violation under section 4-143-8(d).

(h) Inspection and certification for quality or condition shall be based on section 4-143-6, 4-143-11, or 4-143-12. A request for certification may include a request restricted to a portion of, or in addition to the requirements in section 4-143-6, 4-143-11, or 4-143-12, upon approval of the supervisor, provided that a letter of certification may be issued in lieu of a certificate at the discretion of the supervisor.

(i) An application for certification may be withdrawn by the applicant at any time before the inspection is performed, provided that the applicant shall be billed for any expenses incurred after the application was made.

(j) Proof of the authority of any person applying for inspection on behalf of another person may be required at the discretion of the inspector.

(k) The original certificate, when issued, shall immediately be mailed or made available to the applicant or a person designated by the applicant. One additional copy of the certificate shall be issued without charge if requested by the applicant before the certificate is issued. Applicants may make a request in writing to the inspection office for additional copies or facsimile copies of a certificate at a fee of $48 for each page.

(l) An inspection fee rate of $48 per hour for regular time and $72 per hour for overtime shall be charged by the department, and shall be paid by the applicant. Additional charges may be assessed for transportation, travel time, stand-by time, per diem, mileage, and other actual expenses incurred by the department.

(m) When payment for inspection is not received within thirty days of the date of the bill, the department may withhold inspection for certification until payment is made. An interest charge of one-half of one per cent of the unpaid balance shall be assessed for each month, or portion of a month, that payment is not received after the initial thirty days after the date of the bill.

(n) An application for an appeal inspection may be made by any financially interested person dissatisfied with the original determination, provided that:

(1) The identity of the product has not been lost;

(2) The original lot has not been disturbed and is accessible;

(3) The appeal request and the reason for the appeal are submitted in writing, and the reason for the appeal request is not unsubstantial;

(4) The product has not undergone material change in condition since the original inspection; and

(5) Not more than fourteen days has transpired from the date of the original certificate.

The fee to be charged for an appeal inspection shall be based on the fees and other charges specified in subsection (l) or $350, whichever is greater, provided that should the result of the appeal inspection disclose that a material error was made in the original inspection, no fees or charges shall be assessed for the appeal inspection.

Notes

Haw. Code R. § 4-143-2

[Eff 10/8/01; am and comp MAY 24 2014] (Auth: HRS §§ 147-7, 147-8) (Imp: HRS §§ 147-7, 147-8) Am and Comp 5/27/2017