§147-59 Continuous factory inspection; request necessary; labels or marks. The board of agriculture may designate any employee or agent of the department of agriculture to perform continuous factory inspection or classification of food products, in accordance with such rules and regulations as the department may prescribe, at the request of persons having an interest in the products, and to ascertain and certify to the persons the grade, classification, quality, or condition thereof and such other pertinent facts as the department may require. Such inspections, classifications and certifications shall be requested, and in no case shall be required by the department.
Subject to rules and regulations prescribed by the department, an appropriate state label or mark or marks, established and adopted by the department, may be used on packages or containers of food products which are so continuously inspected and graded and are found to meet the official grades or standards of the department shown on the label or by the mark or marks. The labels shall include a statement of the official grade or standard of the product contained in the package or container, as graded or classified under this part, and may include, in whole or in part, a facsimile of the seal of the department. The department may register any label as a trademark under the laws of the State or may register it with the United States government and any state or foreign government.
The department may fix, assess, and collect, or cause to be collected, fees for the use of labels or marks or may print and sell the labels, at charges to be fixed by the department, to persons authorized to use them on packages or containers, or may rent dies or cuts of labels or marks, at a charge to be fixed by the department, to persons authorized to use them. [L 1947, c 195, §9; RL 1955, §22-48; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §147-59]
Cross References
Trademarks, see chapter 482.
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147-7.5 REPEALED.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.