§144-10  Rules.  (a)  The department mayadopt rules for feeds as are specifically authorized in this chapter and otherreasonable rules as may be necessary for the efficient enforcement of thischapter.  In the interest of uniformity, the department shall by rule adopt,unless it determines that they are inconsistent with this chapter or are notappropriate to conditions which exist in this State, the following:

(1)  The official definitions of feed ingredients andofficial feed terms adopted by the Association of American Feed ControlOfficials and published in the official publication of that organization; and

(2)  Any regulation promulgated pursuant to theauthority of the Federal Food, Drug, and Cosmetic Act, provided that thedepartment shall have the authority under this chapter independently to adoptthese regulations.

(b)  The department shall enforce this chapterand, subject to chapter 91, may adopt rules with respect to:

(1)  Providing for registration and inspection fees;

(2)  Providing for penalties for deficiencies ofofficial samples and other violations of this chapter;

(3)  Determining responsibilities and procedures forpayment of registration, inspection, and penalty fees;

(4)  Such other matters as may be necessary in orderto implement this chapter.

(c)  Notwithstanding the foregoing provisions,the chairperson of the board of agriculture, for the purpose of enforcement ofthis chapter and without regard to the notice and public hearing requirementsof chapter 91, may adopt rules for procedures, tolerance levels, and regulatoryor action levels to determine if feed is adulterated, all federal regulationsor guidelines of the United States established in 40 Code of FederalRegulations, parts 180 and 186; 21 Code of Federal Regulations, chapter 1,parts 1 to 1299; or the United States Food and Drug Administration CompliancePolicy Guides, as they apply to feed, including changes made from time totime.  Prior to the effective date of any such rules, the department shallpublish in a newspaper of general circulation a notice that includes:

(1)  Either a statement of the substance of theproposed rule adoption, amendment, or repeal; or a general description of thesubjects involved and the purposes to be achieved by the proposed ruleadoption, amendment, or repeal; and

(2)  A statement that a copy of the proposed rule tobe adopted, the proposed rule amendment, or the rule proposed to be repealedwill be mailed to any interested person who requests a copy, together with adescription of where and how the requests may be made.

The notice shall be mailed to all persons who havemade a timely written request of the department for advance notice of theserules or of the department's rulemaking proceedings.  The department mayrequire reimbursement for the cost of preparing and mailing the copies. [L1959, c 275, pt of §1; am L Sp 1959 2d, c 1, §22; am L 1961, c 103 and c 132,§2; Supp, §24-11; HRS §144-11; am L 1973, c 46, §1(2); am L 1979, c 186, pt of§1; am and ren L 1983, c 214, pt of §2; am L 1996, c 110, §1]