HAWAII ADMINISTRATIVE RULES
TITLE 4
DEPARTMENT OF AGRICULTURE
SUBTITLE 7
QUALITY ASSURANCE DIVISION
CHAPTER 143
STANDARDS FOR COFFEE
'4-143-1 Labeling requirements
'4-143-2 Inspection and fees
'4-143-3 Definitions
'4-143-4 Standards for grades of cherry coffee
'4-143-5 Standards for grades of parchment coffee
'4-143-6 Standards for grades of green coffee
'4-143-7 Minimum export requirement
'4-143-8 Provisions for enforcement, penalties, and prosecution
'4-143-9 Abbreviations
'4-143-10 Coffee quality verification program
Historical Note:
Chapter 4-143 is based substantially upon Chapter 4-43, Hawaii
Administrative Rules, AStandards for Coffee,@ of the Marketing Division, Department
of Agriculture. [Eff 5/29/81; R 10/8/01]
'4-143-1 Labeling requirements. (a) No person shall sell or offer, expose
for sale, or transport Hawai>i-grown green coffee packed in wholesale quantities
outside the geographic region of production as defined in section 4-143-3, unless
each container is conspicuously marked, stamped, printed, or labeled in the english
language with the exact grade or lower grade for the green coffee or the term
Offgrade, as applicable. This grade statement shall appear on the tag required in
subsection (i) or on the container on the same panel as the declaration of identity
required by section 4-93-2, Hawaii Administrative Rules.
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(b) Any label which is determined to be incorrect shall be corrected by
complete obliteration of the incorrect information and substitution with the correct
statement of fact.
(c) The letters and figures used to meet the requirements of this section shall
be of bold type and legible.
(d) The grade terms shall be exactly as shown in sections 4-143-4, 4-143-5,
and 4-143-6, except that grade terms may be abbreviated as shown in section 4-143-
9, or may be expressed in all capital letters, or both.
(e) The requirements of this section shall apply to both intra-state and export
sales and distribution of Hawai>i-grown green coffee.
(f) Any cherry coffee, parchment coffee, or green coffee labeled with a grade
term defined in sections 4-143-4, 4-143-5, or 4-143-6, shall meet the standards of the
labeled grade.
(g) The use of a grade term defined in sections 4-143-4, 4-143-5, and 4-143-
6, or any abbreviation or variation of the grade term that is intended to represent or
imply that the cherry coffee, parchment coffee, or green coffee so labeled is grown in
Hawai>i or in any geographic region defined in section 4-143-3, on cherry coffee,
parchment coffee, or green coffee that is not grown in Hawai>i or in any geographic
region defined in section 4-143-3, is prohibited.
(h) The use of any other grade term or fanciful term which is not defined in
sections 4-143-4, 4-143-5, or 4-143-6 to represent or imply that the cherry coffee,
parchment coffee, or green coffee has a grade adopted under this chapter is
prohibited.
(i) Each container of green coffee subject to inspection for certification
required by subsections(b) and (d) of section 4-143-2 shall have a tamper-proof tag
attached in a manner that opening the container will alter the tag. The tags shall be
light in color, made of a material that resists tearing and measuring a minimum of
two inches by four inches, with a blank area at least two inches by two inches.
[Eff 10/8/01] (Auth: HRS ''147-4 and 147-22) (Imp: HRS ''147-4 and 147-22)
'4-143-2 Inspection and fees.
(a) Inspection for certification of cherry
coffee and parchment 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 for origin, grade, or both
origin and grade by the department shall be required upon the initial processing of
parchment coffee into green coffee, provided that the green coffee shall be graded,
placed into sealed containers, and tagged as required in subsection 4-143-1(i) before
the green coffee is offered for inspection, except for:
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(1) Green coffee packed in less than wholesale quantities and labeled for
retail sale as required by Title 21 of the Code of Federal Regulations,
or green coffee packed in less than wholesale quantities and labeled
for sample distribution such as ASample - not to be sold@.
(2) Green coffee that is not to be shipped out of the geographic region of
production as defined in section 4-143-3, provided that all sales
receipts, invoices, and mill reports shall indicate that the product is
not to be shipped out of the geographic region of production as
defined in section 4-143-3.
(3) Offgrade green coffee in containers that are properly marked as
required in section 4-143-1, provided that Offgrade green coffee that
is to be exported out of the geographic region of production shall also
be properly marked as required in section 4-143-7.
(4) Green coffee processed in approved mills that are under a coffee
quality verification program as described in section 4-143-10, and
appropriately labeled.
(c) Green coffee exempt from certification in paragraphs (b) (1), (2), and (3)
that is not certified and which totals more than 400 pounds per month for any single
applicant shall be reported to the department on an approved form within 30 days
following the end of each month.
(d) Cherry coffee or parchment coffee that is shipped out of the geographic
region of production, upon the initial processing of the parchment coffee into green
coffee, shall be inspected for certification, provided that the green coffee shall be
graded, placed into sealed containers, and tagged as required in subsection 4-143-1(i)
before the green coffee is offered for inspection, except as noted in paragraphs (b)(1),
(3), and (4). 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
cherry coffee or parchment coffee, and the quantity in pounds.
(e) It shall be the responsibility of the owner of the green coffee to apply to
the department for certification when required in subsection (b) or (d).
(f) Certification of green coffee not required in subsection (b) or (d), may be
made by the department upon the request of the applicant.
(g) Requests for certification of origin with no certification of grade may be
made only upon approval of the supervisor.
(h) The department shall provide cherry coffee, parchment coffee, or green
coffee inspection at centralized pulping, hulling, grading, milling, processing,
shipping, or storage plants.
(i) 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
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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.
(j) The applicant shall make every container of each lot of the product to be
inspected readily accessible for sampling and inspection.
(k) Inspection and certification for quality or condition required by
subsection (b) or (d) shall be based on section 4-143-6. A request for certification
not required under subsection (b) or (d) may include a request restricted to a portion
of, or in addition to the requirements in section 4-143-6 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.
(l) 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.
(m) Proof of the authority of any person applying for inspection on behalf of
another person may be required at the discretion of the inspector.
(n) The original certificate, when issued, shall immediately be mailed or
made available to the applicant or a person designated by the applicant. Two
additional copies of the certificate shall be issued without charge if requested by the
applicant before the certificate is issued. Additional copies may be supplied to
interested parties at a fee of $1 for each page.
(o) An inspection fee at the rate of $31.00 per hour for regular time and
$46.50 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.
(p) When payment for inspection is not received within 30 days of the date
of the bill, the department may withhold inspection for certification until payment is
made. An interest charge of .5 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 30
days after the date of the bill.
(q) 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) More than half of the original lot has not been disturbed and is
accessible;
(3) The reason for the appeal request is stated and is not unsubstantial;
(4) The product has not undergone material change in condition since
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the original inspection; and
(5) Not more than 14 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 (o) or $150.00, 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.
[Eff 10/8/01] (Auth: HRS ''l47-7 and 147-8) (Imp: HRS ''l47-7 and 147-8)
'4-143-3 Definitions.
As used in this chapter:
AApplicant@ means a person that applies for or requests inspection for
certification who has a financial interest in the product and who shall be responsible
for payment of certification fees.
ABean@ means the seed of the fruit of the coffea arabica plant, which has been
dried and from which the pulp and the spermoderm have been removed and is also
known as green coffee bean.
ABlack bean@ means:
(l) For cherry coffee, when any blackening can be seen through the
translucent seed capsule containing the bean; and
(2) For green coffee, when the bean is darkly discolored.
"Broken bean" or "cut bean" means a bean or part of a bean that is damaged
by a cracked, chipped, or nicked condition.
"Certificate" means any form of certification, either written or printed, issued
by an inspector under this chapter to certify the identity, type, grade, quality,
quantity, origin, or condition of cherry coffee, parchment coffee, or green coffee,
including compliance of the product with applicable specifications, provided that
approved individuals from an approved Coffee Quality Verification Program
(CQVP) mill may issue a CQVP certificate of quality, condition and origin for green
coffee.
ACherry@ means the unprocessed fruit of the coffea arabica plant.
ACherry coffee@ means an agricultural commodity comprised of cherries.
AClean@ means cherry coffee, parchment coffee, or green coffee that is free
from damage by dirt, dust, or other foreign matter.
ADamage@ means any defect which materially detracts from the quality of the
seed in the cherry, or materially detracts from the appearance of the parchment, or
materially detracts from the appearance of the bean.
ADecay@ means the cherry has decomposed to the extent that the epidermis is
disintegrating.
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"Department" means the department of agriculture.
ADieback cherry@ means a cherry which has received inadequate nutrition, is
likely to be small in size, is identified by a characteristic dieback yellow color or
smooth dark scars, and frequently has a capsule so difficult to eject as to cause it to
be classed as immature.
ADry mill@ means a location where parchment coffee is processed into green
coffee.
ADry miller@ means a person who processes parchment coffee into green
coffee.
AExcessively dirty@ means caked with dirt.
AFermentation@ means the cherry has a definite sour odor.
AFirm@ means not wilted, flabby, or shriveled.
AFloater@ means a cherry which has a specific gravity of less than one.
"Geographic region@ means the geographic area designated as follows:
Hamakua is the district of Hamakua on the island of Hawai=i, as designated by the
State of Hawaii Tax Map; Hawaii is the State of Hawaii; Kau is the district of Ka=u
on the island of Hawai=i, as designated by the State of Hawaii Tax Map; Kauai is the
island of Kaua=i; Kona is the North Kona and South Kona districts on the island of
Hawai=i, as designated by the State of Hawaii Tax Map; Maui is the island of Maui;
Molokai is the island of Moloka=i; and Oahu is the island of Oahu.
AGood aroma and flavor when brewed@ means the coffee beverage, prepared
according to accepted procedures, possesses a desirable flavor and aroma and is free
from all foreign, undesirable, or offensive flavors or aromas.
AGood roasting quality@ means the green coffee, when properly roasted,
possesses uniform color and brightness.
AGreen coffee@ means an agricultural commodity comprised of green coffee
beans.
AHamakua coffee@ means green coffee processed from cherry coffee
which is grown in the geographic region of Hamakua and which at least meets the
minimum requirements of Hawaii Prime green coffee.
AHawaii coffee@ means green coffee processed from cherry coffee which is
grown in the State of Hawaii and which at least meets the minimum requirements of
Hawaii No. 3 green coffee.
AHull@ means the dried spermoderm which is the light tan or buff-colored
membrane encasing the bean.
AHusk@ means the outer part of the dried cherry consisting of dried pulp.
AInjury@ means any defect which appreciably detracts from the quality of the
seed in the cherry. A cherry that is broken so as to expose the parchment or to cause
one seed capsule to be separated from the other is not considered injured.
AInspector@ means an employee of the department or a person designated
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by the supervisor, who is authorized to investigate, sample, inspect, and certify for
any applicant the quality, condition, and origin of cherry coffee, parchment coffee,
and green coffee and to enforce the requirements of this chapter.
AInterested party@ means any person who has a financial interest in the
product for which inspection is requested.
AKau coffee@ means green coffee processed from cherry coffee which is
grown in the geographic region of Ka'u and which at least meets the minimum
requirements of Hawaii Prime green coffee.
AKauai coffee@ means green coffee processed from cherry coffee which is
grown in the geographic region of Kaua'i and which at least meets the minimum
requirements of Kauai Prime green coffee.
AKona coffee@ means green coffee processed from cherry coffee which is
grown in the geographic region of Kona and which at least meets the minimum
requirements of Kona Prime green coffee.
AMature@ means the cherry has reached the stage of development when the
seed capsules can be ejected readily from the cherry when firm pressure is applied to
the cherry.
AMaui coffee@ means green coffee processed from cherry coffee which is
grown in the geographic region
of Maui and which at least meets the minimum requirements of Maui Prime green
coffee.
AMill@ means a location where cherry coffee is processed into parchment
coffee or parchment coffee is processed into green coffee, or both.
AMiller@ means a person that processes cherry coffee into parchment coffee or
processes parchment coffee into green coffee, or both.
AMoldy bean@ means a bean with mold or evidence of mold growth.
AMolokai coffee@ means green coffee processed from cherry coffee which is
grown in the geographic region of Moloka'i and which at least meets the minimum
requirements of Molokai Prime green coffee.
AMother bean@ means a bean that is not solid and has a loosely wrapped
cotyledon.
AOahu coffee@ means green coffee processed from cherry coffee which is
grown in the geographic region of Oahu and which at least meets the minimum
requirements of Hawaii Prime green coffee.
"Offgrade" is a descriptive term applicable to coffee which has a market
value, and designates a quality lower than the lowest applicable Hawaii grade.
AOffice of inspection@ means the office of an authorized inspector of coffee.
AParchment@ means the portion of the fruit of the coffee plant, coffea arabica,
consisting of the hull, from which the pulp has been removed, and the enclosed
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seed.
AParchment coffee@ means an agricultural commodity comprised of
parchment.
APartly black bean@ means a bean that is darkly discolored only partially.
APartly moldy bean@ means a bean that is moldy only partially or shows
evidence of mold growth only partially.
APartly sour bean@ means a bean that has a faint fermented flavor or odor and
is partially buff or yellowish-brown in color.
APartly stinker bean@ means a bean that, on being freshly cut, gives off an
unpleasant odor. A partly stinker bean may be partly light-brown or brownish or
occasionally have a waxy appearance.
APerson@ means any individual, partnership, corporation, or separate legal
entity.
APod@ means an intact dried cherry.
APulp@ means the fleshy pericarp, including the
skin, of the cherry.
AQuaker@ means a bean that is poorly developed, exceptionally light in
weight, and is light in color when roasted.
AQuality@ means the inherent properties or attributes of a product which
determines its relative degree of excellence.
ARaisined cherry@ means a cherry that is dried and wrinkled.
ASerious damage@ means any defect which seriously detracts from the quality
of the cherry, including but not limited to dieback cherry, when there is less than
twenty per cent pink or red color on the surface of the cherry; or any penetration of
the seed capsule by mold or other organism.
AShell@ means part of a bean that is thin, light in weight, and shell-like in
appearance.
ASilver-skin@ means the dried seed coat of the bean, which is a tightly
adhering, thin, tissue-like membrane covering the bean.
ASour bean@ means a bean that has a fermented odor or flavor. A sour bean is
usually buff or yellowish-brown in color.
AStick@ means a slender piece of wood from a tree or shrub.
AStinker bean@ means a bean, upon being freshly cut, that gives off a very
unpleasant odor. A stinker bean may be light-brown or brownish, or occasionally
have a waxy appearance.
AStone@ means a rock, a piece of a rock, or concreted earthy or mineral
matter.
"Supervisor" means the processed foods program specialist in the
commodities branch of the department or a person designated by the processed foods
program specialist.
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AType I bean@ means a bean which is produced two to a cherry and which is
perceptively flat on one side and convex on the other.
AType II bean@ means a bean which is produced one to a cherry and is
generally oval in shape and round in diameter. Also referred to as peaberry.
AUniformly good green color@ means all of the beans are of nearly the same
green color, characteristic for the variety of properly grown and processed beans
which have not undergone any material deterioration.
AWell colored@ means:
(1) For cherries that are not brown or turning brown, the cherry shows at
least fifteen per cent red color or is olive green over all of the surface
that is not red; and
(2) For cherries that are turning brown, the
cherry shows no more than seventy-five per cent brown color and that
portion of the cherry that is not brown colored shows at least fifteen
per cent red color or is olive green over all of the surface that is not
red or brown.
AWet mill@ means a location where cherry coffee is processed into parchment
coffee.
AWet miller@ means a person that processes cherry coffee into parchment
coffee.
AWholesale quantity@ means a container of more than ten pounds net weight
intended for sale, processing, re-packing, or transport. [Eff 10/8/01]
(Auth: HRS ''147-4 and 147-22) (Imp: HRS ''147-4 and 147-22)
'4-143-4 Standards for grades of cherry coffee grown in the geographic
region of Kona. (a) Hawaii No. l cherry coffee consists of cherries which are firm,
mature, well colored, not excessively dirty, and free from fermentation, decay,
raisined cherries, dieback cherries, black beans, floaters, foreign material, and injury
caused by disease, insects, or mechanical or other means.
Not more than a total of two per cent, by weight, of the cherries in any lot
may fail to meet the requirements of this grade, and not more than one-eighth of one
per cent, by weight, shall be allowed for foreign material.
(b) Hawaii No. 2 cherry coffee consists of cherries which are mature, not
excessively dirty, and free from fermentation, decay, raisined cherries, dieback
cherries, black beans, floaters, foreign material, and damage caused by disease,
insects, or mechanical or other means.
Not more than a total of seven per cent, by weight, of the cherries in any lot
may fail to meet the requirements of this grade, and not more than one-fourth of
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one per cent, by weight, shall be allowed for foreign material.
(c) Hawaii No. 3 cherry coffee consists of cherries which are mature, not
excessively dirty, and free from fermentation, decay, black beans, floaters, foreign
material, and serious damage caused by dieback cherries, mold penetration, disease,
insects, or mechanical or other means.
Not more than a total of twelve per cent, by weight, of the cherries in any lot
may fail to meet the requirements of this grade, and not more than one-fourth of one
per cent, by weight, shall be allowed for foreign material.
(d) Averages for the entire lot, based on the examination of representative
samples, shall be within the tolerances specified, but the contents of individual
containers in any lot may vary from the specified tolerances subject to the following
limitations:
(l) When the tolerance specified is more than five per cent, individual
packages in any lot may contain not more than one and one-half times
the tolerance; and
(2) When the tolerance specified is five per cent or less, individual
packages in any lot may contain not more than double the tolerance.
[Eff 10/8/01] (Auth: HRS 'l47-4) ( Imp: HRS '147-4)
'4-143-5 Standards for grades of parchment coffee.
(a) Hawaii Grade A
parchment coffee consists of parchment in which the enclosed beans are of one type,
clean, and free from defects, and possess a uniformly green color,good roasting
quality, and good aroma and flavor when brewed; which are free from imperfections
and meet the moisture content limitations of subsection (e); and which in the case of
type I beans meet the minimum size requirement of size 18 and in the case of type II
beans meet the minimum size requirement of size 12.
(b) Hawaii Grade B parchment coffee consists of parchment in which the
enclosed beans are of one type, clean, and free from defects, and possess a uniformly
good green color, good roasting quality, and good aroma and flavor when brewed;
which are free from imperfections and meet the moisture content limitations of
subsection (e); and which in the case of type I beans meet the minimum size
requirement of size 17 and in the case of type II beans meet the minimum size
requirement of size 10.
(c) Offgrade parchment coffee is not a grade within the meaning of these
standards but is a descriptive term that designates a quality lower than Hawaii
Grade B parchment coffee.
(d) A defect is a bean or part of a bean that after milling, is sour, discolored,
off-color, or not clean; that is broken or cut; or that is a quaker, mother bean,
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shell, or pod.
(e) The maximum and minimum limitations on moisture content of the beans
shall be thirteen per cent and ten and one-half per cent, respectively, by weight.
(f) Size classifications and tolerances for type I and type II beans recovered
from parchment coffee shall be the same as those contained in subsection (k) of
section 4-143-6. [Eff 10/8/01] (Auth: HRS 'l47-4) (Imp: HRS 'l47-4)
'4-143-6 Standards for grades of green coffee.
(a) Hawaii Extra Fancy
green coffee consists of Hawaii beans of one type, which are clean and possess a
uniformly good green color, good roasting quality, and good aroma and flavor when
brewed; which do not exceed twelve and two tenths per cent or which do not contain
less than nine per cent moisture by weight; which do not exceed eight full
imperfections per three hundred grams as described in subsection (j); which do not
exceed three per cent by weight other type beans; and which in the case of type I
beans meet the minimum size requirement of size 19 and in the case of type II beans
meet the minimum size requirement of size 13 as stated in subsection (k); provided
that:
(1) Kona coffee which meets the requirements of this subsection may be
classified as Kona Extra Fancy green coffee. This classification shall
apply to Kona coffee only.
(2) Kauai coffee which meets the requirements of this subsection may be
classified as Kauai Extra Fancy green coffee. This classification shall
apply to Kauai coffee only.
(3) Maui coffee which meets the requirements of this subsection may be
classified as Maui Extra Fancy green coffee. This classification shall
apply to Maui coffee only.
(4) Molokai coffee which meets the requirements of this subsection may
be classified as Molokai Extra Fancy green coffee. This
classification shall apply to Molokai coffee only.
(b) Hawaii Fancy green coffee consists of Hawaii beans of one type, which
are clean and possess a uniformly good green color, good roasting quality, and good
aroma and flavor when brewed; which do not exceed twelve and two tenths per cent
or which do not contain less than nine per cent moisture by weight; which do not
exceed twelve full imperfections per three hundred grams as described in subsection
(j); which do not exceed three per cent by weight other type beans; and which in the
case of type I beans meet the minimum size requirement of size 18, provided a larger
size may be specified, and in the case of type II beans meet the minimum size
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requirement of size 12 as stated in subsection (k); provided that:
(1) Kona coffee which meets the requirements of this subsection may be
classified as Kona Fancy green coffee. This classification shall apply
to Kona coffee only.
(2) Kauai coffee which meets the requirements of this subsection may be
classified as Kauai Fancy green coffee. This classification shall
apply to Kauai coffee only.
(3) Maui coffee which meets the requirements of this subsection may be
classified as Maui Fancy green coffee. This classification shall apply
to Maui coffee only.
(4) Molokai coffee which meets the requirements of this subsection may
be classified as Molokai Fancy green coffee. This classification shall
apply to Molokai coffee only.
(c) Hawaii No. l green coffee consists of Hawaii beans of one type, which
are clean and possess a uniformly good green color, good roasting quality, and good
aroma and flavor when brewed; which do not exceed twelve and two tenths per cent
or which do not contain less than nine per cent moisture by weight; which do not
exceed eighteen full imperfections per three hundred grams as described in
subsection (j); which do not exceed three per cent by weight other type beans; and
which meet the minimum size requirement of size 16 for type I beans, provided a
larger size may be specified, and size 10 for type II beans as stated in subsection (k);
provided that:
(1) Kona coffee which meets the requirements of this subsection may be
classified as Kona No. 1 green coffee. This classification shall apply
to Kona coffee only.
(2) Kauai coffee which meets the requirements of this subsection may be
classified as Kauai No. 1 green coffee. This classification shall apply
to Kauai coffee only
(3) Maui coffee which meets the requirements of this subsection may be
classified as Maui No. 1 green coffee. This classification shall apply
to Maui coffee only.
(4) Molokai coffee which meets the requirements of this subsection may
be classified as Molokai No. 1 green coffee. This classification shall
apply to Molokai coffee only.
(d) Hawaii Select green coffee consists of Hawaii beans, which are clean and
which do not impart sour, fermented, moldy, medicinal, or other undesirable aromas
and flavors when brewed; which do not exceed twelve and two tenths per cent or
which do not contain less than nine per cent moisture by weight; and which do not
exceed five per cent defective beans, by weight, included therein not more than two
per cent, by weight, sour, stinker, black or moldy beans that equal full imperfections
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only, as described in paragraphs (j)(1) and (j)(2); which may be assigned a size
classification as stated in paragraph (k)(1); provided that:
(1) Kona coffee which meets the requirements of this subsection may be
classified as Kona Select green coffee. This classification shall apply
to Kona coffee only.
(2) Kauai coffee which meets the requirements of this subsection may be
classified as Kauai Select green coffee. This classification shall
apply to Kauai coffee only.
(3) Maui coffee which meets the requirements of this subsection may be
classified as Maui Select green coffee. This classification shall apply
to Maui coffee only.
(4) Molokai coffee which meets the requirements of this subsection may
be classified as Molokai Select coffee. This classification shall apply
to Molokai coffee only.
(e) Hawaii Prime green coffee consists of Hawaii beans which are clean;
which do not impart sour, fermented, moldy, medicinal, or other undesirable aromas
and flavors when brewed; which do not exceed twelve and two tenths per cent or
which does not contain less than nine per cent moisture by weight; and which do not
exceed fifteen per cent defective beans, by weight, included therein not more than
five per cent, by weight, sour, stinker, black, or moldy beans that equal full
imperfections only, as described in paragraphs (j)(1) and (j)(2); which may be
assigned a size classification as stated in paragraph (k)(1); provided that:
(1) Kona coffee which meets the requirements of this subsection may be
classified as Kona Prime green coffee. This classification shall apply
to Kona coffee only.
(2) Kauai coffee which meets the requirements of this subsection may be
classified as Kauai Prime green coffee. This classification shall apply
to Kauai coffee only.
(3) Maui coffee which meets the requirements of this subsection may be
classified as Maui Prime green coffee. This classification shall apply
to Maui coffee only.
(4) Molokai coffee which meets the requirements of this subsection may
be classified as Molokai Prime green coffee. This classification shall
apply to Molokai coffee only.
(f) Hawaii No. 3 green coffee consists of Hawaii beans which are clean;
which do not impart sour, fermented, moldy, medicinal, or other undesirable aromas
and flavors when brewed; which do not exceed twelve and two tenths per cent or do
not contain less than nine per cent moisture, by weight; and which do not exceed
thirty-five per cent defective beans, by weight, included therein not more than five
per cent, by weight, black, moldy, sour, or stinker beans that equal full imperfections
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only, as described in paragraphs (j)(1) and (j)(2). Use of the terms AKona@, AKauai@,
AMaui@, or AMolokai@ in conjunction with the term ANo. 3@ is prohibited.
(g) Offgrade is not a grade within the meaning of these standards but is a
descriptive term applicable to green coffee which has a market value and designates
a quality lower than Hawaii No. 3 green coffee. Use of the term "Hamakua",
AHawaii@, "Kau", AKona@, AKauai@, AMaui@, AMolokai@, or "Oahu" in conjunction with
the term Offgrade is prohibited.
(h) Allowances and limitations stated in this section shall be applied to the
entire lot, and a composite sample from the lot shall be used to determine the grade.
(i) The maximum and minimum limitations on the moisture content of green
coffee shall have a tolerance of plus or minus .3 percentage points.
(j) Specific defects and the extent to which these defects affect grade in terms
of imperfection equivalents shall be as follows:
(l) One bean that has more than fifty per cent of an equivalent full bean
surface that is black or moldy shall equal one full imperfection;
(2) One bean that is more than faintly affected by a sour or stinker odor
shall equal one full imperfection;
(3) One pod or piece of a pod that is more than fifty per cent equivalent
of a full pod shall equal one full imperfection;
(4) One full husk or piece of a husk that is more than fifty per cent
equivalent of a full husk shall equal one full imperfection;
(5) One full hull or piece of a hull that is more than fifty per cent
equivalent of a full hull shall equal one full imperfection;
(6) One stone more than 4 millimeters in any dimension shall equal one
full imperfection;
(7) One stick more than 4 millimeters and up to 10 millimeters in length
shall equal one full imperfection;
(8) One stick more than 10 millimeters in length shall equal two full
imperfections.
Where only a piece of a black bean, moldy bean, sour bean, stinker bean, pod,
husk or hull are present, and they do not equal one full imperfection as described in
paragraphs (1), (2), (3), (4), and (5), each shall be scored as one-fifth of a full
imperfection. For example, one bean with less than 50% of its surface black shall be
scored as one-fifth of a full imperfection.
A partly black, partly moldy, or partly sour bean, or a stick or a stone that
does not equal one full imperfection as described in paragraphs (1), (2), (6), and (7)
shall be scored as one-fifth of a full imperfection.
A quaker, shell, mother bean, or bean or a piece of a bean affected by damage
by an insect or damage by a broken or cut bean shall be scored as one-fifth of a
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full imperfection.
Any other defect not listed in this subsection shall be scored as an
imperfection to the extent that these defects affect the quality of the beans in the lot.
(k) Size classifications for green coffee shall be as follows:
(1) For type I green coffee:
(A) Size 16 shall consist of beans which will not pass through a
16/64 inch round hole;
(B) Size 17 shall consist of beans which will not pass through a
17/64 inch round hole;
(C) Size 18 shall consist of beans which will not pass through a
18/64 inch round hole; and
(D) Size 19 shall consist of beans which will not pass through a
19/64 inch round hole; and
(2) For type II green coffee:
(A) Size 10 shall consist of beans which will not pass through a
10/64 inch slotted hole;
(B) Size 12 shall consist of beans which will not pass through a
12/64 inch slotted hole; and
(C) Size 13 shall consist of beans which will not pass through a
13/64 inch slotted hole.
In order to allow for variations incident to proper sizing for type I and type II
green coffee, not more than a total of ten per cent, by weight, of the beans in any lot
may be smaller than the size specified.
(l) When size is specified for Hawaii Select green coffee or Hawaii Prime
green coffee, not more than a total of three percent by weight other type beans shall
be permitted in any lot. [Eff 10/8/01] (Auth: HRS ''l47-4 and 147-22) (Imp: HRS
''l47-4 and 147-22)
'4-143-7 Minimum export requirement.
Green coffee destined for shipment
in wholesale quantities to points outside the State shall meet the requirements of
Hawaii No. 3 green coffee except that Offgrade green coffee may be exported
provided that all containers are printed or labeled in bold letters of not less than one
and one half inch in height AOFFGRADE COFFEE@ parallel to and within twelve
inches of the top of or on both sides of each container. In addition, all invoices for
this product shall be marked in large bold capital letters AOFFGRADE COFFEE@.
[Eff 10/8/01] (Auth: HRS '147-22) (Imp: HRS ''147-22 and 147-23)
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'4-143-8 Provisions for enforcement, penalties, and prosecution.
(a) Any
authorized inspector of the department may enter any public or private premises,
including any vehicle of transport, during business hours to:
(1) Inspect the quality of green coffee;
(2) Enforce the labeling, record keeping, and certification requirements
of this chapter; and
(3) Enforce the minimum export requirements for green coffee.
(b) The inspector may take representative samples of the green coffee for
inspection.
(c) Any authorized inspector, upon determining that this chapter or chapter
147, Hawaii Revised Statutes, is being violated, may place a stop sale notice upon or
near the green coffee that is in violation. When a stop sale notice is issued:
(1) The green coffee shall not be sold, offered for sale, transferred,
moved off the premises, or otherwise disposed of until the stop sale
notice has been removed by an authorized inspector or written
permission is received from the department.
(2) No person shall remove, deface, or otherwise tamper with any stop
sale notice except upon approval of an authorized inspector.
(3) The stop sale notice shall be accompanied by a non-compliance
notice issued by the department indicating the violation and
corrective action required.
(d) Any person who violates any provision of this chapter may be subject to
the actions, procedures, and penalties provided in sections 147-2 and 147-25, Hawaii
Revised Statutes. [Eff 10/8/01] (Auth: HRS ''147-2 and 147-22) (Imp: HRS
''147-4 and 147-24)
'4-143-9 Abbreviations.
Grade designations on labels for green coffee shall
be as stated in section 4-143-6 except that Hawaii may be abbreviated as AHI.@ or
AHaw.@ and Extra may be abbreviated as AEx.@, provided that a period need not be
used. [Eff 10/8/01] (Auth: HRS ''147-4 and 147-22) (Imp: HRS ''147-4 and
147-22)
'4-143-10 Coffee quality verification program.
(a) The coffee quality
verification program (CQVP) is a self-certification program where dry millers are
authorized to certify green coffee and issue a CQVP certificate, following specific
department requirements. A dry mill that wishes to participate in this program shall
meet the following requirements:
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(1) Be committed to the concepts and processes of the CQVP;
(2) Process at least 5,000 pounds of green coffee per week for three
consecutive weeks during a twelve month period;
(3) Establish a satisfactory record of milling and grading, of which nine
of ten lots of various grades of green coffee milled meet all grade and
labeling requirements;
(4) Provide a clean grading area with adequate lighting and an available
desk, chair, and secured cabinet with hasp for the department=s use;
(5) Provide the department with a flow chart and a narrative of
processing operations;
(6) Provide the department with an organization chart and list of
responsible individuals;
(7) Provide the department with a listing of all sack and label markings to
be used for the program, including a required date code and other
codes if used and the key to interpretation of the codes;
(8) Provide the department with a weekly schedule of operations;
(9) Maintain and make available to the department a log showing:
(A) All cherry coffee, parchment coffee, and green coffee
received by the mill, whether to be processed by the mill or
not;
(B) Name of producer, shipper, wholesaler, or miller of each lot
of all coffee received and amount by type and weight;
(C) Daily volume of green coffee processed by grade and weight;
and
(D) Distribution of all green coffee including where applicable,
certificate type and certificate number and the respective
container type; grade, weight and receiver, including green
coffee exempt from certification; and
(10) Have available for inspection at the department=s request all green
coffee packed by the mill in wholesale quantities, including green
coffee exempt from certification.
(b) The department shall follow a CQVP audit scheme consisting of three
levels of audits. Millers that meet requirements in subsection (a) shall enter the
program at CQVP Level I and shall move up to the next higher level as specified in
ATable 1 Coffee Quality Verification Program (CQVP) System Audit Levels and
Requirements (10/30/00)@ located at the end of this chapter and incorporated herein.
(c) Charges for all CQVP Levels shall be based on a minimum of $100
administrative fee per required audit, in addition to the hourly audit fees and grading
charges. If the department determines that an additional audit visit is necessary, it
shall be conducted at no cost to the miller.
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(d) If a miller requests additional audit inspections over the minimum, the
miller shall be charged at the same hourly audit and grading rate for the CQVP.
Requested audits shall be conducted on a time-available basis.
(e) Full certification by the department may be requested by a CQVP miller
at full certification charges on a time available basis.
(f) To withdraw from the program, a CQVP miller shall provide two weeks
advance written notification to the department.
(g) The department shall utilize recent inspection records and CQVP audit
results from the previous season to determine a miller=s qualification for re-entry into
the CQVP.
(h) Millers approved for CQVP Level I, shall be assigned a CQVP stamp
with a miller number. This stamp may be used for wholesale quantities of green
beans processed under CQVP Level I, CQVP Level II, or CQVP Level III. Millers
may also purchase pre-numbered CQVP Certificates from the department. The
miller shall be responsible for the safekeeping of the stamp and certificates.
(i) Millers using department issued CQVP certificates shall forward copies of
all certificates issued or voided each month to the department within 7 days after the
end of the month.
(j) The department shall remove the miller from the CQVP program for any
of the following reasons:
(1) Failure to comply with this section;
(2) Unsatisfactory performance at CQVP Level I;
(3) Failure to pay inspection fees;
(4) Misuse or misrepresentation of the CQVP stamp, certificate, or
program;
(5) Providing false information to the department;
(6) Hindering or attempting to influence the inspector; or
(7) Other reason that the department finds harmful or contrary to the
intent of the CQVP program.
(k) If a miller on the CQVP Level I, II, or III withdraws from the program or
is removed from the CQVP by the department, the miller shall immediately surrender
all assigned CQVP stamps and unused certificates to the department. The miller,
upon re-entry into the CQVP will be issued an equivalent number of certificates at no
cost. Any miller falling back to CQVP Level I or CQVP Level II due to product
failure, shall submit an explanation to the department as to why the product failed
and what steps were taken to correct the situation.
(l) The department shall:
(1) Provide written instructions and detailed requirements regarding the
CQVP to all interested millers.
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(2) Initiate the CQVP with new millers upon mutual agreement.
(3) Provide inspection audits as required in subsection (b).
(4) Notify millers of audit results as soon as practicable.
(5) Inform millers that have failed to meet CQVP requirements, in
writing, of corrective action needed to enter or re-enter the program.
(6) Keep all proprietary and individual producer and miller data
confidential.
[Eff 10/8/01] (Auth: HRS '147-7)
(IMP: 10/8/01)
Table 1. Coffee Quality Verification Program (CQVP)
System Audit Levels and Requirements
Inspection
Level
Audit
Frequency
Charges
Requirements
per Audit
CQVP
Level I
Three visits
each 30 days
$100 plus
hourly audit
and grading
fees per visit
7 of 8 lots pass *
go to Level II
6 of 8 lots pass
remain Level I
less than 6 of 8 lots pass
removal from program
CQVP
Level II
Two visits
each 30 days
$100 plus
hourly audit
and grading
fees per visit
7 of 8 lots pass *
go to Level III
6 of 8 lots pass
remain Level II
less than 6 of 8 lots pass
revert to Level I
CQVP
Level III
(desired level)
One visit
each 30 days
$100 plus
hourly audit
and grading
fees per visit
7 of 8 lots pass **
remain Level III
6 of 8 lots pass
revert to Level II
less than 6 lots pass
revert to Level I
* If any lot fails account defects by double the tolerance or more for No. 1 or higher grade,
by two percentage points or more over the tolerance for Select grade, or by five
percentage points or more over the tolerance for Prime or No. 3 grade, miller shall not
move up to the next higher level; provided further that if any lot fails account full sour,
stinker, black, or moldy beans which are fifty percent or more above the tolerance for
Select, Prime and No. 3 grades, miller shall not move up to the next higher level. Failed
lots must be re-labeled or reworked and reinspected.
** If any lot fails account defects by double the tolerance or more for No. 1 or higher grade,
by two percentage points or more over the tolerance for Select grade, or by five
percentage points or more over the tolerance for Prime or No. 3 grade, miller shall revert
back to Level II; provided further that if any lot fails account full sour, stinker, black, or
moldy beans which are fifty percent or more above the tolerance for Select, Prime and
No. 3 grades, miller shall revert back to Level II. Failed lots must be re-labeled or
reworked and reinspected.
