HAR §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 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 §4-41- 41-5 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 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). [Eff 5/29/81; am and comp 8/18/83; comp 3/24/86; am 5/26/92] (Auth: HRS §147-4) (Imp: HRS §147-4)