Haw. Code R. § 4-45-27 - Application of tolerances

(a) Where a tolerance level is established in section 4-45-26(a)and (d), regulatory action shall be taken where the contaminant, residue, or additive is at or above the established tolerance level; provided that where there is an action level established under section 4-45-26(b) which is different from the tolerance level established under section 4-45-26(a) and (d), regulatory action shall be taken at the action level.

(b) Where no tolerance or action level is established in section 4-45-26 for an individual feed ingredient or for a commercial mixed feed composed of many ingredients which individually may have no tolerance or action level or various tolerance or action levels established under section 4-45-26, and it is determined by the department that, the contaminant, residue, or additive may be poisonous or deleterious:

(1) The department may look to a tolerance or action level of a similar feed or agricultural product intended for a similar use to determine if the contaminant, residue, or additive is at a level that requires regulatory action. A similar feed or agricultural produce and it a use may be determined by the department in consultation with appropriate federal or state agencies; or

(2) The department may take regulatory action against the feed at the minimal detectable level of the contaminant, residue, or additive. "Minimal detectable level" means the lowest level at which the contaminant, residue, or additive can be reliably detected and quantified using analytical methodology approved or recommended by the Association of Official Analytical Chemistsr the Federal Food and Drug Administration, or the United States Environmental Protection Agency.

Notes

Haw. Code R. § 4-45-27

[Eff and comp 1/16/84; am and comp MAR 24 1986) (Auth: HRS § 144-10) (Imp: HRS §§ 144-6 and 144-8)