Haw. Code R. § 4-45-4

Current through November, 2024
Section 4-45-4 - Registration
(a) Registration of commercial feeds shall be the responsibility of the local manufacturer, importer, or distributor.
(b) Application for registration shall be submitted in duplicate on forms furnished by the department on request from the applicant or available on the department's internet web site and shall be accompanied by two labels for each feed to be registered.
(c) A registration fee of $30 shall be paid for each commercial feed registered, except when subject to the exemption under subsection (i).
(d) Registration shall become effective on the date the certificate of registration is issued and shall continue in effect as long as the feed is sold in the State and there have been no major changes to the label submitted with the application for registration.
(e) Registration of a commercial feed shall expire when it has not been sold in the State for twelve consecutive quarters, as evidenced by no reported sales of that commercial feed on the tonnage reports required under section 4-45-5. A registrant may also withdraw the registration of a commercial feed in writing to the department.
(f) When payments for fees or penalties covered by this chapter are by check, a service fee shall be assessed for each check that is not honored.
(g) Notice shall be given to the department of any proposed change in the format or contents of the label for any feed registered with the department. The registrant shall describe the changes desired and shall submit an application for registration with two copies of the revised label. Before a revised label is approved by the department, the product shall not be marketed with the revised label. After the date the change in labeling is approved by the department, the product shall be marketed only under the revised label, except that a reasonable time may be permitted by the department to dispose of or to utilize the old labels.
(h) Any change to the information required on the label or a registered feed in section 144-4, Hawaii Revised Statutes, or this chapter, shall constitute a major change and require a new registration of the feed and payment of the registration fee, except for the following if the change does not result in a lowering of the feeding value of the registered feed for its designed purpose:
(1) A change to the ingredients or the order of predominance of ingredients in the ingredient statement; and
(2) A change to a guarantee of less than ten per cent of the guarantee in the original registration.
(i) Any trial shipment of a commercial feed in lot size not exceeding two hundred and fifty pounds may be exempt from the registration fee requirement in subsection (c) on a one time basis. Any subsequent shipment, regardless of lot size, shall be subject to the registration fee. Two labels shall be submitted to the department for each feed distributed on a trial basis. When requested, the distributor shall provide proof that any unsold feed in storage is part of the initial trial shipment.
(j) The department, upon receipt and review of a registration of a commercial feed or a request to change the label of a registered commercial feed, shall issue either of the following to the registrant, no later than ten working days from the date of receipt:
(1) The approved registration of a commercial feed or the approved change to the label of a registered commercial feed, if the application for registration or request to change the label of a registered commercial feed is properly completed and includes any fees, penalties, or other supplemental information required by chapter 144, Hawaii Revised Statutes, or this chapter; or
(2) A written statement that the registration or change to the label of a registered commercial feed is denied and an explanation of the reason for the denial.

Haw. Code R. § 4-45-4

[Eff 5/29/81; am and comp 1/16/84; am and comp 3/24/86; am OCT 05 2002] (Auth: HRS § 144-10) (Imp: HRS § 144-3)