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]