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



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



(2)  Prohibiting the sale, offering for sale, or
transportation of agricultural commodities unless packed in standard containers
and labeled with the appropriate grade or offgrade designation; provided that
this prohibition shall not apply to the sale, offering for sale, or transportation
to a plant for grading, packing, or processing, or transportation to a
warehouse for storage;



(3)  Prohibiting the use of grade terms or
abbreviations of grade terms on agricultural commodities for which no grades
have been established under this part;



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



(5)  Prescribing records to be kept in connection with
purchases of agricultural commodities by persons, other than produce dealers
purchasing from a producer or producers, for purposes of resale five or more
tons of agricultural commodities during any one calendar month; and



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



In making the rules the department shall take
into account, among other things, the factors of maturity, condition,
soundness, color, shape, size, and freedom from defects of the agricultural
commodity in question and shall also take into consideration the official
standards, grades or classifications adopted by the secretary of the Department
of Agriculture of the United States, commonly known as U.S. Grades. [L 1945, c
252, §4; RL 1955, §22-4; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; am L
1965, c 73, §4; HRS §147-4; am L 1991, c 134, §1]



 



Cross References



 



  Measurement
standards, see chapter 486, pt V.



  Rulemaking procedure,
see chapter 91.