§147-4 Rules. The department may make rules, subject to chapter 91:
(1) Defining grades and grade labeling requirements of agricultural commodities and standard containers for packing of particular agricultural commodities;
(2) Prohibiting the sale, offering for sale, or transportation of agricultural commodities unless packed in standard containers and labeled with the appropriate grade or offgrade designation; provided that this prohibition shall not apply to the sale, offering for sale, or transportation to a plant for grading, packing, or processing, or transportation to a warehouse for storage;
(3) Prohibiting the use of grade terms or abbreviations of grade terms on agricultural commodities for which no grades have been established under this part;
(4) Defining "suitable shipping condition" for agricultural commodities which are to be shipped for sale from one island to another within the State or to points outside the State, and prohibiting such shipment for sale of agricultural commodities which do not meet the minimum standards set for "suitable shipping condition";
(5) Prescribing records to be kept in connection with purchases of agricultural commodities by persons, other than produce dealers purchasing from a producer or producers, for purposes of resale five or more tons of agricultural commodities during any one calendar month;
(6) Prescribing records to be kept by produce dealers in connection with the purchase, sale, transport for sale, solicitation, or negotiation of sale with respect to an agricultural commodity; and
(7) Relating to the inspection and documentation of the geographic origin of Hawaii-grown green coffee beans.
In making the rules the department shall take into account, among other things, the factors of maturity, condition, soundness, color, shape, size, and freedom from defects of the agricultural commodity in question and shall also take into consideration the official standards, grades or classifications adopted by the secretary of the Department of Agriculture of the United States, commonly known as U.S. Grades. [L 1945, c 252, §4; RL 1955, §22-4; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; am L 1965, c 73, §4; HRS §147-4; am L 1991, c 134, §1; am L 2012, c 328, §3]
Cross References
Measurement standards, see chapter 486, pt V.
Rulemaking procedure, 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.