RES 158 Draft 01 2010-2012 - Laserfiche WebLink

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WHEREAS, HRS, Section 486 -7, Specific powers and duties of the board; rules, states in paragraph (9) of subsection (b) that the Board of Agriculture may adopt rules that include (underscoring provided for emphasis only): "(9) Practices to assure that amounts of commodities or services sold are determined in accordance with good commercial practice and are so determined and represented as to be accurate and informative to all parties at interest." WHEREAS, HRS, Section 486 -110, Method of sale of commodities; general, provides in part that (underscoring provided for emphasis only): "All methods of sale shall provide accurate and adequate quantity information that permits the buyer to make price and quantity comparisons. The board may adopt such reasonable rules as may be necessary to assure that the measure of any commodity for sale reflects accurate information and fair measurement practices to all concerned." WHEREAS, HRS, Section 486 -111 Packages; information required; variations; exemptions, states in part that: "Except as otherwise provided in this chapter, any package introduced or delivered for introduction into or received in intrastate commerce, kept for the purpose of sale, or offered or exposed for sale, shall bear on the outside of the package definite, plain, and conspicuous declarations of: (1) The identity of the commodity in the package, unless the commodity can be identified easily through the wrapper or container; (2) The net quantity of the contents in terms of measure." WHEREAS, HRS, Section 486 -113, Deceptive package, states in part that (underscoring provided for emphasis only): "No commodity shall be so wrapped or labeled, nor shall it be in a container so made, formed, or filled as to mislead the purchaser as to the quantity of the contents of the commodity in the package, and the contents of a container shall not fall below such reasonable standard of fill as has been prescribed for the commodity by rule of the board." WHEREAS, HRS, Section 486 -118, Misbranding, states (underscoring provided for emphasis only): "[ §486 -118] Misbranding. (a) No person shall deliver for introduction, hold for introduction or introduce into the State; or keep, offer, or expose for sale; or sell any consumer commodity which is misrepresented or misbranded in any manner. (b) The board, pursuant to section 486 -7 and chapter 91, shall adopt rules relating to misbranding. The rules may: (1) Require any person involved in the manufacture, processing, production, assembly, fabrication, or importation of a specified consumer commodity to keep and make available for inspection or copying by the administrator adequate records to substantiate the source of the consumer commodity, or 2