§147-22 Rules. The department shall have the necessary powers to carry out and effectuate the purposes of this part, including the following:
To establish, prescribe, modify, or alter, by rules, such grades, standards, grade labels, and classifications as shall be the minimum requirements for fresh and processed agricultural commodities destined for shipment by commercial exporters to points outside the State; provided that the provisions of such grades, standards, grade labels, and classifications shall not excuse failure to comply with the provisions of the federal and state food, drug, and cosmetic acts. The department in establishing such rules shall consult with appropriate state and federal agencies and with any appropriate industry or trade organization. The standards, grades, grade labels, and classifications so established shall be on the basis of what the department may deem best suited to the agricultural, horticultural, or other interests of the State; provided that the minimum requirements for the grades, standards, grade labels, and classifications so established for processed agricultural commodities shall not be higher than that of any standardized product which is sanitary and which has been demonstrated to be a commercially-acceptable product of the class to which it belongs and for which a market has been established; provided further that different minimum requirements may be applied to different styles of processed agricultural commodities; and provided further that any processed pineapple product, in which the fruit ingredient is at least ninety-five per cent pineapple in compliance with the provisions of the federal and state food, drug, and cosmetic acts, may be exported from the State. [L 1955, c 258, §4; RL 1955, §22-22; am L 1959, c 267, §1; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §147-22; am L 1983, c 257, pt of §5; am L 1985, c 5, §1]
Cross References
General rulemaking requirements, see chapter 91.
Structure Hawaii Revised Statutes
Title 11. Agriculture and Animals
147-2 Duties of department; violations; proceedings; penalties.
147-5 Prohibition of deceptive packing.
147-7 Inspection and classification of agricultural commodities; fees.
147-7.5 REPEALED. L 2003, c 49, §11.
147-8 Appeal for classification; fee.
147-9 Certificate as evidence.
147-10 Income from certification and agriculture control activities.
147-25 Duties of department; violations; proceedings; penalties.
147-34 Inspection; certification fees.
147-37 Duties of department; violations; proceedings; penalties.
147-52 Grades, standards and classifications; changes.
147-53 Department; grades, standards and classifications; factors.
147-54 Department, consideration of use.
147-55 Department, notice of hearing.
147-56 Department, hearing, determination.
147-57 Department, rules and regulations, contracts, cooperation, fees.
147-58 Department; inspections, etc.; request necessary.
147-59 Continuous factory inspection; request necessary; labels or marks.
147-60 Certificate, appeal to department.
147-61 Certificate, prima facie evidence.
147-62 Misrepresentation as to grade, etc., penalties.
147-63 Remedies, extension of other powers.
147-71 Words and phrases defined.
147-74 Grading standards and regulations.
147-75 Notice of grade and size; designation of origin of imported eggs; violation.
147-76 Advertisement of eggs and price.
147-77 Signs and labels on cartons, crates, etc.
147-80 Administrative penalties.
147-81 Remedies and penalties not exclusive.
147-91 Standard grades; rules and regulations.
147-93 Cooperating with federal authority.
147-95 Regulation of advertising.
147-101 Certification services revolving fund.
147-102 Certification and audit services.
147-112 Cooperative agreements and contracts to provide auditing and certification services.
147-113 Audits and certification; requests necessary.
147-114 Fees and deposit of moneys.
147-115 Certificate as evidence.
147-116 Hawaii good agricultural practices program.
147-121 Official certifying agency.
147-123 Cooperative agreements and contracts to provide agricultural crop certification services.
147-124 Certification; requests necessary.