Resolution 22-11: Why Was The Roadside Stand Given a Notice of Violation by DPP?

This is a mystery to many. The Roadside stand that allowed Miti Taufa to sell his Polynesian wood carving to support his family of eight was given a Notice of Violation. DPP issued a Notice of Violation on February 17, 2022 to remove his tent canopy and ez corners that he used for sun and rain sheltering.

According to the State of Hawaii Revised Statutes Section 205-12, Ag Zoned properties can also have wind turbines, bio-fuel production, aquaculture, Geothermal resource explorations and so forth.

Miti’s farm added value would fall under the (A) category for value-added enterprises:

(A) A roadside stand that is not an enclosed structure, owned and operated by a producer for the display and sale of agricultural products grown in Hawaii and value-added products that were produced using agricultural products grown in Hawaii;

(B) Retail activities in an enclosed structure owned and operated by a producer for the display and sale of agricultural products grown in Hawaii, value-added products that were produced using agricultural products grown in Hawaii, logo items related to the producer’s agricultural operations, and other food items;

(C) A retail food establishment owned and operated by a producer and permitted under chapter 11-50, Hawaii administrative rules, that prepares and serves food at retail using products grown in Hawaii and value-added products that were produced using agricultural products grown in Hawaii;

(D) A farmers’ market, which is an outdoor market limited to producers selling agricultural products grown in Hawaii and value-added products that were produced using agricultural products grown in Hawaii; and

(E) A food hub, which is a facility that may contain a commercial kitchen and provides for the storage, processing, distribution, and sale of agricultural products grown in Hawaii and value-added products that were produced using agricultural products grown in Hawaii. The owner of an agricultural-based commercial operation shall certify, upon request of an officer or agent charged with enforcement of this chapter under section 205-12, that the agricultural products displayed or sold by the operation meet the requirements of this paragraph;

Polynesian Wood Carver Miti uses fallen trees and other trees on the property for his wood-carvings.

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