§328-75  Enforcement; suspension.  (a) The department of health shall enforce sections 328-71 to 328-76 and shallhave, in connection therewith, all the powers and duties conferred and imposedupon it by and pursuant to part I.

(b)  In the event of findings by the departmentthat there is an existing or imminent shortage of any ingredient required bysection 328-72 or 328-73, and that because of such shortage the sale anddistribution of flour or white bread or rolls may be impeded by the enforcementof sections 328-71 to 328-76, the department shall issue an order, to beeffective immediately upon issuance, permitting the omission of the ingredientfrom flour or white bread or rolls; and if it finds it necessary orappropriate, excepting such foods from the labeling requirements until thefurther order of the department.  Any such findings may be made withouthearing, on the basis of an order or of factual information supplied by theappropriate federal agency or officer.  In the absence of any such order of theappropriate federal agency or factual information supplied by it, thedepartment on its own motion may, and upon receiving the sworn statements often or more persons subject to sections 328-71 to 328-76 that they believe sucha shortage exists or is imminent shall, within twenty days thereafter hold apublic hearing with respect thereto at which any interested person may presentevidence; and shall make findings based upon the evidence presented.  Thedepartment shall publish notice of any such hearing at least ten days priorthereto.

Whenever the department has reason to believethat the shortage no longer exists, it shall hold a public hearing, after atleast ten days’ notice shall have been given, at which any interested personmay present evidence, and it shall make findings based upon the evidence sopresented.  If its findings are that the shortage no longer exists, it shallissue an order to become effective not less than thirty days after publicationthereof, revoking the previous order; provided that undisposed floor stocks offlour on hand at the effective date of the revocation order, or flourmanufactured prior to the effective date, for sale in this State may thereafterbe lawfully sold or disposed of.

(c)  All orders, rules, and regulations adoptedby the department pursuant to sections 328-71 to 328-76 shall be published inthe manner prescribed by section 321-10 and, within the limits specified bysections 328-71 to 328-76, shall become effective upon such date as thedepartment shall fix.

(d)  For the purpose of sections 328-71 to328-76, the director of health and any of the director’s agents may takesamples for analysis and conduct examinations and investigations, and theyshall have free access at all reasonable hours and may enter in and upon anyfactory, mill, warehouse, shop, or establishment where flour, white bread, orrolls are manufactured, processed, packed, sold, or held, or any vehicle beingused for the transportation thereof, and inspect any such place or vehicle andany flour, white bread, or rolls therein, and all pertinent equipment,materials, containers and labeling.

(e)  If any person manufacturing, processing,packing, keeping for sale, exhibiting for sale, or offering for sale, anyflour, white bread, or rolls included within sections 328-71 to 328-76 refusesto furnish the director of health and any of the director’s agents, upondemand, either personal or in writing, a sufficient sample for the analysis ofany such flour, white bread, or rolls, which are in the person’s possession,the director of health and any of the director’s agents tendering the marketprice therefor, such refusal shall be prima facie evidence that the flour,white bread, or rolls are not enriched as required. [L 1945, c 101, §5; RL 1955,§51-59; am L Sp 1959 2d, c 1, §19; HRS §328-75; gen ch 1985]