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



(b)  In the event of findings by the department
that there is an existing or imminent shortage of any ingredient required by
section 328-72 or 328-73, and that because of such shortage the sale and
distribution of flour or white bread or rolls may be impeded by the enforcement
of sections 328-71 to 328-76, the department shall issue an order, to be
effective immediately upon issuance, permitting the omission of the ingredient
from flour or white bread or rolls; and if it finds it necessary or
appropriate, excepting such foods from the labeling requirements until the
further order of the department.  Any such findings may be made without
hearing, on the basis of an order or of factual information supplied by the
appropriate federal agency or officer.  In the absence of any such order of the
appropriate federal agency or factual information supplied by it, the
department on its own motion may, and upon receiving the sworn statements of
ten or more persons subject to sections 328-71 to 328-76 that they believe such
a shortage exists or is imminent shall, within twenty days thereafter hold a
public hearing with respect thereto at which any interested person may present
evidence; and shall make findings based upon the evidence presented.  The
department shall publish notice of any such hearing at least ten days prior
thereto.



Whenever the department has reason to believe
that the shortage no longer exists, it shall hold a public hearing, after at
least ten days’ notice shall have been given, at which any interested person
may present evidence, and it shall make findings based upon the evidence so
presented.  If its findings are that the shortage no longer exists, it shall
issue an order to become effective not less than thirty days after publication
thereof, revoking the previous order; provided that undisposed floor stocks of
flour on hand at the effective date of the revocation order, or flour
manufactured prior to the effective date, for sale in this State may thereafter
be lawfully sold or disposed of.



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



(d)  For the purpose of sections 328-71 to
328-76, the director of health and any of the director’s agents may take
samples for analysis and conduct examinations and investigations, and they
shall have free access at all reasonable hours and may enter in and upon any
factory, mill, warehouse, shop, or establishment where flour, white bread, or
rolls are manufactured, processed, packed, sold, or held, or any vehicle being
used for the transportation thereof, and inspect any such place or vehicle and
any 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, any
flour, white bread, or rolls included within sections 328-71 to 328-76 refuses
to furnish the director of health and any of the director’s agents, upon
demand, either personal or in writing, a sufficient sample for the analysis of
any 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 market
price 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]