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



(1)  To regulate and supervise in a milk shed the
production, transportation, processing, storage, distribution, and delivery of
milk, the establishment of quotas and the setting of minimum prices to be paid
to producers by producer-distributors and distributors; provided that nothing
contained in this chapter shall be construed to abrogate or affect the status,
force or operation of any provision of the laws on public utilities, public
health, expenditure of public funds or any local health ordinance or health
regulation.



(2)  To investigate all matters in a milk shed
pertaining to the production, transportation, processing, storage, distribution,
and delivery of milk, and the establishment of quotas and the setting of
minimum prices to be paid to producers by producer-distributors and
distributors; to subpoena producers, producer-distributors and distributors,
their records, books and accounts, and any other person from whom information
may be desired to carry out the purpose and intent of this chapter; and by
leave of a circuit court, to order the taking of depositions of witnesses
absent from the State.  Any authorized employee may sign and issue subpoenas
and may administer oaths to witnesses and conduct hearings and investigations. 
In case of failure of any person to comply with any subpoena issued under
authority of this chapter, or the refusal of a witness to testify to any matter
regarding which the witness may be lawfully interrogated, the judge of the
district court of the circuit in which the person resides or of the circuit in
which the person may be personally served, on application of the board or its
authorized representatives, shall compel obedience, as in the case of
disobedience of the requirements of a subpoena issued from such court or a
refusal to testify therein.



(3)  To assist all industry-wide programs pertaining
to the production, transportation, processing, storage, distribution, and
delivery of milk, feed, supplies, animals, and other related agricultural
commodities.  Such programs may include advertising, feed storage and ensilage
programs, heifer replacement program, agricultural park programs, relocation of
dairies, and other related programs that would make the milk shed more viable,
thereby assuring the production of an adequate supply of wholesome milk for the
consumer.



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



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



The operation and effect of any provision of
this chapter conferring a general power shall not be impaired or qualified by
the granting of a specific power or powers. [L 1967, c 260, §6; HRS §157-13; am
L 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.