Subject to chapter 91, the department may adopt rules with respect to:

1. (1) Designation of noxious weed seed for the purpose of this chapter;
2. (2) Maximum amount of noxious weed seed and other weed seed which may be found in agricultural or vegetable seed sold in the State;
3. (3) Germination standards for agricultural and vegetable seed;
4. (4) Inspection, sampling, and testing of seed at the request of interested persons, and charges to be made for these services; and

5. (5) Other requirements regarding the sale and labeling of seed and seed licenses, including the license fee, as it deems necessary to effectuate this chapter.

   In adopting rules with respect to standards for agricultural and vegetable seed and tolerances of noxious weed seed, the department shall follow as closely as practicable the standards and tolerances of the Federal Seed Act, or as adopted by the Association of Official Seed Analysts.

[L 1945, c 90, pt of §2; RL 1955, §26-6; am L Sp 1959 2d, c 1, §22; am L 1961, c 103 and c 132, §2; HRS §150-22; am L 1979, c 87, §1; am L 1987, c 164, §4; am L 1991, c 73, §2; am L 1992, c 98, §1; am L 2003, c 49, §9]