§ 20-56-219 - State Board of Health -- Authority to regulate.
20-56-219. State Board of Health -- Authority to regulate.
(a) (1) The authority to promulgate regulations for the efficient enforcement of this subchapter is vested in the State Board of Health.
(2) The board is authorized to make the regulations promulgated under this subchapter conform, insofar as practicable, with those promulgated under the federal Food, Drug, and Cosmetic Act.
(b) (1) Before promulgating any regulations contemplated by 20-56-209(10), 20-56-211(4) and (6)-(8), 20-56-214(b), 20-56-217, or subsection (c) of this section, the board shall give appropriate notice of the proposal and of the time and place for a hearing.
(2) The regulation so promulgated shall become effective on a date fixed by the board which shall not be prior to thirty (30) days after its promulgation.
(3) The regulation may be amended or repealed in the same manner as is provided for its adoption, except that, in the case of a regulation amending or repealing a regulation, the board, to such an extent as it deems necessary in order to prevent undue hardship, may disregard the foregoing provisions regarding notice, hearing, or effective date.
(c) (1) Whenever in the judgment of the board such action will promote honesty and fair dealing in the interest of consumers, the board shall promulgate regulations fixing and establishing for any food or class of food a reasonable definition and standard of identity or reasonable standard of quality or fill of container.
(2) In prescribing a definition and standard of identity for any food or class of food in which optional ingredients are permitted, the board shall, for the purpose of promoting honesty and fair dealing in the interest of consumers, designate the optional ingredients which shall be named on the label.
(3) The definitions and standards so promulgated shall conform so far as practicable to the definitions and standards promulgated under authority of the federal Food, Drug, and Cosmetic Act.