§328-8  Regulations to be prescribed. (a)  Whenever in the judgment of the department of health such action willpromote honesty and fair dealing in the interest of consumers, the departmentshall prescribe regulations fixing and establishing for any food or class offood a reasonable definition and standard of identity, or reasonable standardof quality or fill of container.  In prescribing a definition and standard ofidentity for any food or class of food in which optional ingredients arepermitted, the department shall, for the purpose of promoting honesty and fairdealing in the interest of consumers, designate the optional ingredients whichshall be named on the label.  The definitions and standards so prescribed shallconform so far as practicable to the definitions and standards promulgatedunder authority of the Federal Act.

(b)  Temporary permits now or hereafter grantedfor interstate shipment of experimental packs of food varying from therequirements of federal definitions and standards of identity are automaticallyeffective in this State under the conditions provided in such permits.  Inaddition, the director may issue additional permits where they are necessary tothe completion or conclusiveness of an otherwise adequate investigation and wherethe interests of consumers are safeguarded.  Such permits shall be subject tosuch terms and conditions as the director may prescribe.

(c)  The director may establish rules asnecessary for the enforcement of this part.  The rules shall be adopted pursuantto chapter 91; except that the director may, without regard to chapter 91,establish tolerance levels and regulatory or action levels by reference to theprovisions of the regulations or guidelines of the United States established in40 Code of Federal Regulations Parts 180 and 185 or the United States Food andDrug Administration Compliance Policy Guides as the regulations or guidelinesbecome effective at any time or from time to time. [L 1941, c 318, §5; RL 1945,§2208; RL 1955, §51-8; am L Sp 1959 2d, c 1, §19; HRS §328-8; am L 1972, c 151,§4; am L 1977, c 200, §2; am L 1983, c 100, §5; am L 1984, c 12, §2; am L 1985,c 144, §1; am L 1989, c 72, §1]