50-31-201. Department authorized to adopt food standards. (1) Whenever in the judgment of the department such action will promote honesty and fair dealing in the interest of consumers, the department shall adopt regulations fixing and establishing for any food or class of food a reasonable definition and standard of identity, standard of quality, and/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 department shall, for the purpose of promoting honesty and fair dealing in the interest of consumers, designate the optional ingredients which must be named on the label.

(3) The definitions and standards must conform as much as practicable to the definitions and standards promulgated under authority of the federal act, or the department may adopt by reference the definitions and standards promulgated under authority of the federal act.

(4) The department may not adopt food standards or regulations under this section for homemade food or a homemade food product sold pursuant to Title 50, chapter 49, part 2.