§147-22  Rules.  The department shallhave the necessary powers to carry out and effectuate the purposes of thispart, including the following:

To establish, prescribe, modify, or alter, byrules, such grades, standards, grade labels, and classifications as shall bethe minimum requirements for fresh and processed agricultural commoditiesdestined for shipment by commercial exporters to points outside the State;provided that the provisions of such grades, standards, grade labels, andclassifications shall not excuse failure to comply with the provisions of thefederal and state food, drug, and cosmetic acts.  The department inestablishing such rules shall consult with appropriate state and federalagencies and with any appropriate industry or trade organization.  Thestandards, grades, grade labels, and classifications so established shall be onthe basis of what the department may deem best suited to the agricultural,horticultural, or other interests of the State; provided that the minimumrequirements for the grades, standards, grade labels, and classifications soestablished for processed agricultural commodities shall not be higher thanthat of any standardized product which is sanitary and which has beendemonstrated to be a commercially-acceptable product of the class to which itbelongs and for which a market has been established; provided further thatdifferent minimum requirements may be applied to different styles of processedagricultural commodities; and provided further that any processed pineappleproduct, in which the fruit ingredient is at least ninety-five per centpineapple 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; RL1955, §22-22; am L 1959, c 267, §1; am L Sp 1959 2d, c 1, §22; am L 1961, c132, §2; HRS §147-22; am L 1983, c 257, pt of §5; am L 1985, c 5, §1]

 

Cross References

 

  General rulemakingrequirements, see chapter 91.