§157-13  General powers.  The departmentof agriculture through its board is hereby vested with the following powers:

(1)  To regulate and supervise in a milk shed theproduction, transportation, processing, storage, distribution, and delivery ofmilk, the establishment of quotas and the setting of minimum prices to be paidto producers by producer-distributors and distributors; provided that nothingcontained in this chapter shall be construed to abrogate or affect the status,force or operation of any provision of the laws on public utilities, publichealth, expenditure of public funds or any local health ordinance or healthregulation.

(2)  To investigate all matters in a milk shedpertaining to the production, transportation, processing, storage, distribution,and delivery of milk, and the establishment of quotas and the setting ofminimum prices to be paid to producers by producer-distributors anddistributors; to subpoena producers, producer-distributors and distributors,their records, books and accounts, and any other person from whom informationmay be desired to carry out the purpose and intent of this chapter; and byleave of a circuit court, to order the taking of depositions of witnessesabsent from the State.  Any authorized employee may sign and issue subpoenasand may administer oaths to witnesses and conduct hearings and investigations. In case of failure of any person to comply with any subpoena issued underauthority of this chapter, or the refusal of a witness to testify to any matterregarding which the witness may be lawfully interrogated, the judge of thedistrict court of the circuit in which the person resides or of the circuit inwhich the person may be personally served, on application of the board or itsauthorized representatives, shall compel obedience, as in the case ofdisobedience of the requirements of a subpoena issued from such court or arefusal to testify therein.

(3)  To assist all industry-wide programs pertainingto the production, transportation, processing, storage, distribution, anddelivery of milk, feed, supplies, animals, and other related agriculturalcommodities.  Such programs may include advertising, feed storage and ensilageprograms, heifer replacement program, agricultural park programs, relocation ofdairies, and other related programs that would make the milk shed more viable,thereby assuring the production of an adequate supply of wholesome milk for theconsumer.

(4)  To control the intrastate shipment of milkincluding shipment of milk between counties.

(5)  To make and enforce all rules and regulations andall orders necessary to carry out this chapter.

The operation and effect of any provision ofthis chapter conferring a general power shall not be impaired or qualified bythe granting of a specific power or powers. [L 1967, c 260, §6; HRS §157-13; amL 1970, c 188, §§39, 40; am L 1971, c 184, §3; am L 1973, c 31, §6; am L 1977,c 65, §2; gen ch 1985]

 

Cross References

 

  Rulemaking, see chapter 91.

  Unlawful traffic or use of engraved milk bottles, see§§482-11 and 12.