3-667. Rules and orders; delegation of duties;
regulation of interstate products
A. The director shall adopt rules and orders that are necessary to carry out the
purposes of this article, and that he determines are necessary to protect the public
health and welfare, and to prevent deception or confusion among consumers. For labeling
purposes only, the associate director may divide into categories the various trade and
real milk products as being fluid milk, manufactured milk or food-predominantly-milk
products. Any duties vested in the associate director by this article and delegable
under law may be delegated by him to duly authorized employees or agents.
B. Notwithstanding any other provisions of this article, the director shall by rule
make provisions for the transportation into the state and subsequent sale of trade
products produced outside the state and labeled in accordance with federal law.
C. Notwithstanding any other provisions of this article, the director may by rule
waive any of the provisions of this article as they apply to trade products manufactured
for sale and distribution exclusively outside of this state, provided that the rules
contain provisions ensuring that the products will not be made available or sold to
consumers in this state.
D. All rules shall be adopted by the director only after open hearing at which
interested parties shall be permitted to be heard. Any person desiring actual notice of
the proposed enactment of rules shall notify the department in writing that he desires
such notice. Twenty days prior to the date of a hearing on any proposed rule, the
director shall send, by certified mail, a copy of the notice prescribed in section
41-1022 to each such person at the address supplied to the department.
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