§328-8  Regulations to be prescribed. 
(a)  Whenever in the judgment of the department of health such action will
promote honesty and fair dealing in the interest of consumers, the department
shall prescribe regulations fixing and establishing for any food or class of
food a reasonable definition and standard of identity, or reasonable standard
of quality or fill of container.  In prescribing a definition and standard of
identity for any food or class of food in which optional ingredients are
permitted, the department shall, for the purpose of promoting honesty and fair
dealing in the interest of consumers, designate the optional ingredients which
shall be named on the label.  The definitions and standards so prescribed shall
conform so far as practicable to the definitions and standards promulgated
under authority of the Federal Act.



(b)  Temporary permits now or hereafter granted
for interstate shipment of experimental packs of food varying from the
requirements of federal definitions and standards of identity are automatically
effective in this State under the conditions provided in such permits.  In
addition, the director may issue additional permits where they are necessary to
the completion or conclusiveness of an otherwise adequate investigation and where
the interests of consumers are safeguarded.  Such permits shall be subject to
such terms and conditions as the director may prescribe.



(c)  The director may establish rules as
necessary for the enforcement of this part.  The rules shall be adopted pursuant
to chapter 91; except that the director may, without regard to chapter 91,
establish tolerance levels and regulatory or action levels by reference to the
provisions of the regulations or guidelines of the United States established in
40 Code of Federal Regulations Parts 180 and 185 or the United States Food and
Drug Administration Compliance Policy Guides as the regulations or guidelines
become 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]