Authority to Promulgate Regulations — Hearings — Notice

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    1. The authority to promulgate regulations for the efficient enforcement of this chapter is vested in the commissioner.
    2. The commissioner is authorized to make regulations promulgated under this chapter conform, insofar as practicable, with those promulgated under the federal act.
  1. Hearings authorized or required by this chapter shall be conducted by the commissioner or an officer, agent or employee that the commissioner designates for the purpose of hearings.
    1. Before promulgating any regulation contemplated by §§ 53-1-105(a)(10), 53-1-108(4), 53-1-109(a)(6)-(8), 53-1-113(b), 53-1-205 or 53-1-206, the commissioner shall give a thirty-day notice of the proposal and of the time and place for a hearing.
    2. The regulation promulgated shall become effective on a date fixed by the commissioner, which date shall not be prior to ninety (90) days after its promulgation.
    3. The regulations may be amended or repealed in the same manner as is provided for their adoption; provided, that, in the case of a regulation amending or repealing a regulation, the commissioner, to the extent the commissioner deems necessary in order to prevent undue hardships, may disregard subdivisions (c)(1) and (2) regarding notice, hearing or effective date.
  2. Storage, transportation and processing practices and standards of composition of perishable food products, including meats, poultry and seafood, shall conform to regulations set forth under this section.
  3. Regulations shall prescribe, when necessary, code dating, open dating, or both, as well as uniform unit pricing systems. The regulations shall be consistent with federal requirements.


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