§26-16 Department of agriculture. (a) The department of agriculture shall be headed by an executive board to be known as the board of agriculture. The board shall consist of ten members:

(1) One who shall be a resident of the county of Hawaii;

(2) One who shall be a resident of the county of Maui;

(3) One who shall be a resident of the county of Kauai;

(4) Four at large; and

(5) The chairperson of the board of land and natural resources; the director of business, economic development, and tourism; and the dean of the University of Hawaii college of tropical agriculture and human resources, or their designated representatives, who shall serve as ex officio[,] voting members.

The majority of the members of the board shall be from the agricultural community or the agricultural support sector. The appointment, tenure, and removal of the members and the filling of vacancies on the board shall be as provided in section 26-34. The governor shall appoint a chairperson of the board from the members.

(b) The board may delegate to the chairperson such duties, powers, and authority, or so much thereof, as may be lawful or proper for the performance of the functions vested in the board.

The chairperson of the board shall serve in a full-time capacity. The chairperson shall, in that capacity:

(1) Perform such duties and exercise such powers and authority, or so much thereof, as may be delegated to the chairperson by the board; and

(2) Identify problems related to agriculture and the appropriate state agencies and departments needed to solve the problem. With the approval of the governor, the designated agencies shall provide any necessary assistance to the chairperson until the problem is resolved.

(c) The department shall:

(1) Promote the conservation, development, and utilization of agricultural resources in the State;

(2) Assist the farmers of the State and any others engaged in agriculture by research projects, dissemination of information, crop and livestock reporting service, market news service, and any other means of improving the well-being of those engaged in agriculture and increasing the productivity of the lands;

(3) Administer the programs of the State relating to animal husbandry, entomology, farm credit, development and promotion of agricultural products and markets, and the establishment and enforcement of the rules on the grading and labeling of agricultural products; and

(4) Administer the aquaculture program under section 141-2.5.

(d) The functions and authority heretofore exercised by the board of commissioners of agriculture and forestry (except the management of state parks and the conservation, development, and utilization of forest resources, including regulatory powers over the forest reserve provided in Act 234, section 2, Session Laws of Hawaii 1957, and of fish and game resources transferred to the department of land and natural resources), by the farm loan board as heretofore constituted, and by the University of Hawaii with respect to the crop and livestock reporting service and market news service, are transferred to the department of agriculture established by this chapter. [L Sp 1959 2d, c 1, §22; am L 1961, c 132, §1(f); am L 1963, c 206, §1; am L 1965, c 214, §1 and c 223, §8(c); Supp, §14A-21; am L 1967, c 145, §2; HRS §26-16; am L 1969, c 4, §1; am L 1973, c 15, §1; am L 1982, c 147, §1; am L 1983, c 12, §1 and c 141, §1; am L 1991, c 135, §1; am L 1995, c 69, §1; am L 1996, c 166, §2; am L 1998, c 176, §4; am L 2012, c 123, §2]

Case Notes

Cited: 111 F. Supp. 3d 1088 (2015).