§147-59  Continuous factory inspection;request necessary; labels or marks.  The board of agriculture may designateany employee or agent of the department of agriculture to perform continuousfactory inspection or classification of food products, in accordance with suchrules and regulations as the department may prescribe, at the request ofpersons having an interest in the products, and to ascertain and certify to thepersons the grade, classification, quality, or condition thereof and such otherpertinent facts as the department may require.  Such inspections,classifications and certifications shall be requested, and in no case shall berequired by the department.

Subject to rules and regulations prescribed bythe department, an appropriate state label or mark or marks, established andadopted by the department, may be used on packages or containers of foodproducts which are so continuously inspected and graded and are found to meetthe official grades or standards of the department shown on the label or by themark or marks.  The labels shall include a statement of the official grade orstandard of the product contained in the package or container, as graded orclassified under this part, and may include, in whole or in part, a facsimileof the seal of the department.  The department may register any label as atrademark under the laws of the State or may register it with the United Statesgovernment and any state or foreign government.

The department may fix, assess, and collect, orcause to be collected, fees for the use of labels or marks or may print andsell the labels, at charges to be fixed by the department, to personsauthorized to use them on packages or containers, or may rent dies or cuts oflabels or marks, at a charge to be fixed by the department, to personsauthorized to use them. [L 1947, c 195, §9; RL 1955, §22-48; am L Sp 1959 2d, c1, §22; am L 1961, c 132, §2; HRS §147-59]

 

Cross References

 

  Trademarks, seechapter 482.