Haw. Code R. § 4-41-2 - Prohibitions
(a) No person shall sell, offer, expose, or
transport for sale any agricultural commodity in wholesale quantities, in
consumer packages, or in bulk lot displays, unless the commodity is labeled in
the manner specified in this subchapter.
(b) The use of the grade terms defined in
this chapter, or any abbreviation or variation of the grade terms, that is
intended to represent or imply that the agricultural commodity so labeled is
grown in Hawaii, is prohibited on an agricultural commodity that is not grown
in Hawaii.
(c) The use of any grade
term defined in this chapter, or any abbreviation or variation of the grade
term, is prohibited on an agricultural commodity for which no grade has been
established in this chapter.
(d)
The use of the term "Hawaii", or any other form or abbreviation of the term
"Hawaii", in conjunction with other fanciful terms which are not defined in
this chapter, to represent or imply that an agricultural commodity has a grade
adopted under this chapter, is prohibited on a label, sign, placard or in an
advertisement that describes or refers to an agricultural commodity.
(e) The use of the Hawaii wholesale grade
terms in section 4-41-5(a)(1) is prohibited on bulk lot displays or lots of
consumer packages.
(f) The use of
the Hawaii consumer grade terms in section 4-41-5(a)(2) is prohibited on
wholesale quantities.
(g) The sale
or offering for sale of any fruit or vegetable that has been advertised under
the requirements of section 4-41-12(a) which do not meet the minimum
requirements of the advertised grade, or in the case where no grade is
specified which do not meet the minimum requirements of Hawaii Grade A or U.S.
No. 1 as applicable, is prohibited unless the following provisions are met:
(1) Written documentation shall be submitted
to the department, in a timely manner, to substantiate that the failure to meet
the advertised grade was not willful; and
(2) A statement of the actual grade and the
reason for the deviation from the advertised grade, or in the case where no
grade was specified the reason for the deviation from Hawaii Grade A or U.S.
No. 1, shall be placed on the sign or placard required in section
4-41-3(c).
Notes
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