§147-22  Rules.  The department shall
have the necessary powers to carry out and effectuate the purposes of this
part, including the following:



To establish, prescribe, modify, or alter, by
rules, such grades, standards, grade labels, and classifications as shall be
the minimum requirements for fresh and processed agricultural commodities
destined for shipment by commercial exporters to points outside the State;
provided that the provisions of such grades, standards, grade labels, and
classifications shall not excuse failure to comply with the provisions of the
federal and state food, drug, and cosmetic acts.  The department in
establishing such rules shall consult with appropriate state and federal
agencies and with any appropriate industry or trade organization.  The
standards, grades, grade labels, and classifications so established shall be on
the basis of what the department may deem best suited to the agricultural,
horticultural, or other interests of the State; provided that the minimum
requirements for the grades, standards, grade labels, and classifications so
established for processed agricultural commodities shall not be higher than
that of any standardized product which is sanitary and which has been
demonstrated to be a commercially-acceptable product of the class to which it
belongs and for which a market has been established; provided further that
different minimum requirements may be applied to different styles of processed
agricultural commodities; and provided further that any processed pineapple
product, in which the fruit ingredient is at least ninety-five per cent
pineapple 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; RL
1955, §22-22; am L 1959, c 267, §1; am L Sp 1959 2d, c 1, §22; am L 1961, c
132, §2; HRS §147-22; am L 1983, c 257, pt of §5; am L 1985, c 5, §1]



 



Cross References



 



  General rulemaking
requirements, see chapter 91.