§161-7  General powers.  The department,through its board, may:

(1)  Regulate, supervise, inspect, and control theslaughtering of poultry and the manufacture, processing, transportation,packaging, labeling, and disposal of poultry or poultry products involved inintrastate commerce; and

(2)  Adopt, amend, and repeal rules as are necessaryto implement this chapter, subject to chapter 91, on the following matters:

(A)  The issuance of licenses, including theclass of licenses to be issued;

(B)  The type of equipment or facilities thatmay be used in poultry slaughtering and poultry processing operations;

(C)  The internal operations of poultryslaughterhouses and poultry processing establishments;

(D)  The procedures for ante-mortem andpost-mortem inspections and the reinspection of poultry or poultry productsused in processing, and the disposal of diseased carcasses and parts ofcarcasses and poultry or poultry products found unwholesome or otherwise unfitfor human consumption;

(E)  The hours of slaughtering and processing,and the conditions under which slaughtering and processing may be conducted atother than scheduled times;

(F)  The labeling and packaging of poultry orpoultry products;

(G)  The storing, handling, and transportationof poultry or poultry products;

(H)  The sanitary conditions of allestablishments where poultry is slaughtered or poultry products are processedor prepared; and

(I)  Any other matter as may be necessary ordesirable to effectuate the purposes of this chapter.  Notwithstanding theforegoing provisions, the board, without regard to the notice and publichearing requirements of chapter 91, may adopt all federal poultry inspectionregulations, including changes made from time to time by the United StatesSecretary of Agriculture, as rules for the efficient administration of thischapter.  Prior to the effective date of any such rules, the department shallpublish in a newspaper of general circulation a notice that includes:

(i)  Either a statement of the substance of theproposed rule adoption, amendment, or repeal; or a general description of thesubjects involved and the purposes to be achieved by the proposed ruleadoption, amendment, or repeal; and

(ii)  A statement that a copy of the proposedrule to be adopted, the proposed rule amendment, or the rule proposed to berepealed will be mailed to any interested person who requests a copy, togetherwith a description of where and how the requests may be made.

The notice shall be mailed to all persons whohave made a timely written request of the department for advance notice ofthese rules or of the department's rulemaking proceedings.  The department mayrequire reimbursement for the cost of preparing and mailing the copies. [L1969, c 212, §5; am L 1995, c 89, §2]