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