§147-4  Rules.  The department may makerules, subject to chapter 91:

(1)  Defining grades and grade labeling requirementsof agricultural commodities and standard containers for packing of particularagricultural commodities;

(2)  Prohibiting the sale, offering for sale, ortransportation of agricultural commodities unless packed in standard containersand labeled with the appropriate grade or offgrade designation; provided thatthis prohibition shall not apply to the sale, offering for sale, or transportationto a plant for grading, packing, or processing, or transportation to awarehouse for storage;

(3)  Prohibiting the use of grade terms orabbreviations of grade terms on agricultural commodities for which no gradeshave been established under this part;

(4)  Defining "suitable shipping condition"for agricultural commodities which are to be shipped for sale from one islandto another within the State or to points outside the State, and prohibitingsuch shipment for sale of agricultural commodities which do not meet theminimum standards set for "suitable shipping condition";

(5)  Prescribing records to be kept in connection withpurchases of agricultural commodities by persons, other than produce dealerspurchasing from a producer or producers, for purposes of resale five or moretons of agricultural commodities during any one calendar month; and

(6)  Prescribing records to be kept by produce dealersin connection with the purchase, sale, transport for sale, solicitation, ornegotiation of sale with respect to an agricultural commodity.

In making the rules the department shall takeinto account, among other things, the factors of maturity, condition,soundness, color, shape, size, and freedom from defects of the agriculturalcommodity in question and shall also take into consideration the officialstandards, grades or classifications adopted by the secretary of the Departmentof Agriculture of the United States, commonly known as U.S. Grades. [L 1945, c252, §4; RL 1955, §22-4; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; am L1965, c 73, §4; HRS §147-4; am L 1991, c 134, §1]

 

Cross References

 

  Measurementstandards, see chapter 486, pt V.

  Rulemaking procedure,see chapter 91.