Bill Text: HI SB111 | 2014 | Regular Session | Amended
Bill Title: Agricultural Commodities; "Made in Hawaii" Labeling Requirements; Board of Agriculture; Appropriation ($)
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2014-03-10 - The committee(s) on AGR recommend(s) that the measure be deferred. [SB111 Detail]
Download: Hawaii-2014-SB111-Amended.html
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THE SENATE |
S.B. NO. |
111 |
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TWENTY-SEVENTH LEGISLATURE, 2013 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO AGRICULTURE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 147, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§147- Agricultural commodities; labeling requirements; penalties. (a) Retailers, distributors, farmers, producers, and producer-distributors that sell agricultural commodities for purchase or consumption by consumers shall be subject to labeling requirements pursuant to law or adopted by the board of agriculture through rules.
(b) No later than July 1, 2015, the board of agriculture shall adopt rules in accordance with chapter 91 to implement this section. Beginning on July 1, 2015, labeling requirements of all agricultural commodities shall be determined by the board through rules adopted pursuant to chapter 91.
(c) Any person who violates this section or rules adopted pursuant to this section shall be subject to penalties under section 147-2."
SECTION 2. Section 147-4, Hawaii Revised Statutes, is amended to read as follows:
"§147-4 Rules. The department may make rules, subject to chapter 91:
(1) Defining grades and grade labeling requirements of agricultural commodities and standard containers for packing of particular agricultural commodities;
(2) Prohibiting the sale, offering for sale, or transportation of agricultural commodities unless packed in standard containers and labeled with the appropriate grade or offgrade designation; provided that this prohibition shall not apply to the sale, offering for sale, or transportation to a plant for grading, packing, or processing, or transportation to a warehouse for storage;
(3) Prohibiting the use of grade terms or abbreviations of grade terms on agricultural commodities for which no grades have been established under this part;
(4) Defining "suitable shipping condition" for agricultural commodities which are to be shipped for sale from one island to another within the State or to points outside the State, and prohibiting such shipment for sale of agricultural commodities which do not meet the minimum standards set for "suitable shipping condition";
(5) Prescribing records to be kept in connection with purchases of agricultural commodities by persons, other than produce dealers purchasing from a producer or producers, for purposes of resale five or more tons of agricultural commodities during any one calendar month;
(6) Prescribing records to be kept
by produce dealers in connection with the purchase, sale, transport for sale,
solicitation, or negotiation of sale with respect to an agricultural commodity;
[and]
(7) Relating to the inspection and
documentation of the geographic origin of Hawaii-grown green coffee beans[.];
and
(8) Beginning July 1, 2015, defining labeling requirements of all agricultural commodities.
In making the rules the department shall take
into account, among other things, the factors of maturity, condition,
soundness, color, shape, size, and freedom from defects of the agricultural
commodity in question [and shall also take into consideration];
the official standards, grades, or classifications adopted by the
secretary of the Department of Agriculture of the United States, commonly known
as U.S. Grades[.]; the geographic origin of the agricultural
commodities or any portion thereof; and the accuracy or completeness of and
implications reasonably created by any labeling of agricultural commodities
regarding quality, official standards, grades, classifications, or geographic
origin."
SECTION 3. Section 486-120.5, Hawaii Revised Statutes, is repealed.
["§486-120.5 Macadamia nuts;
labeling requirements. (a) If a label on a consumer package
contains language that all of the raw or processed macadamia nuts contained in
the package were grown in Hawaii, the label shall be worded, "100%
Hawaii-Grown Macadamia Nuts", "Hawaii-Grown Macadamia Nuts",
"100% Hawaiian Macadamia Nuts", or "Hawaiian Macadamia
Nuts", and shall appear on the principal display panel of the package.
(b) If a label on a consumer package
contains language that a portion of the raw or processed macadamia nuts
contained in the package was grown in Hawaii, the label shall be worded
"Hawaii-Grown Macadamia Nuts", preceded by the per cent by weight of
the macadamia nuts contained in the package that were grown in Hawaii, and
shall appear on the principal display panel of the package. The per cent by
weight of the macadamia nuts in the package shall be the percentage calculated
by dividing the weight in pounds of the macadamia nuts grown in Hawaii that are
in the package by the weight in pounds of all macadamia nuts in the package and
multiplying the quotient by one hundred.
(c) All nonconsumer packages containing
macadamia nuts grown in the State and introduced into intrastate or interstate
commerce shall bear on the package a label containing language that the package
contains Hawaii-grown macadamia nuts. This label shall be in addition to all
other labeling requirements specified in this chapter.
(d) Any person keeping, offering,
displaying, exposing for sale, or soliciting for sale, any raw or processed
macadamia nut product, which represents or which is branded or labeled that all
or a percentage or portion of the macadamia nuts were grown in Hawaii, shall
make available to the administrator, upon demand, documented proof that the
amount of macadamia nuts represented to be grown in the State, was grown in the
State.
(e) It shall be a violation of this part:
(1) To use a label
containing the words, "100% Hawaii-Grown Macadamia Nuts",
"Hawaii-Grown Macadamia Nuts", "100% Hawaiian Macadamia
Nuts", or "Hawaiian Macadamia Nuts", or similar wording, or to
otherwise represent that all of the macadamia nuts in the package were grown in
Hawaii, if any portion of the macadamia nuts contained in the package was not
grown in the State;
(2) To use a label, as
provided for under subsection (b), containing the words "Hawaii-Grown Macadamia
Nuts" preceded by a percentage, if less than the specified percentage or
none of the macadamia nuts in the package was grown in the State; or
(3) To use a label
representing that any of the macadamia nuts contained in the package was grown
in the State, if none of the macadamia nuts contained in the package was grown
in the State.
(f) Any person who violates this section
shall be subject to penalties under section 486-32."]
SECTION 4. Section 486-120.6, Hawaii Revised Statutes, is repealed.
["§486-120.6 Hawaii-grown
roasted or instant coffee; labeling requirements. (a) In addition
to all other labeling requirements, the identity statement used for labeling or
advertising roasted or instant coffee produced in whole or in part from
Hawaii-grown green coffee beans shall meet the following requirements:
(1) For roasted or
instant coffee that contains one hundred per cent Hawaii-grown coffee by weight
the identity statement shall consist of either:
(A) The geographic origin of the
Hawaii-grown coffee, in coffee consisting of beans from only one geographic
origin, followed by the word "Coffee"; provided that the geographic
origin may be immediately preceded by the term "100%"; or
(B) The per cent coffee by weight of
one of the Hawaii-grown coffees, used in coffee consisting of beans from
several geographic origins, followed by the geographic origin of the
weight-specified coffee and the terms "Coffee" and "All
Hawaiian";
(2) For roasted or
instant coffee consisting of a blend of one or more Hawaii-grown coffees and
coffee not grown in Hawaii, the per cent coffee by weight of one of the
Hawaii-grown coffees used in the blend, followed by the geographic origin of
the weight-specified coffee and the term "Coffee Blend"; and
(3) Each word or character
in the identity statement shall be of the same type size and shall be
contiguous. The smallest letter or character of the identity statement on
packages of sixteen ounces or less net weight shall be at least one and
one-half times the type size required under federal law for the statement of
net weight or three-sixteenths of an inch in height, whichever is smaller. The
smallest letter or character of the identity statement on packages of greater
than sixteen ounces net weight shall be at least one and one-half times the
type size required under federal law for the statement of net weight. The
identity statement shall be conspicuously displayed without any intervening
material in a position above the statement of net weight. Upper and lower case
letters may be used interchangeably in the identity statement.
(b) A listing of the geographic origins of
the various Hawaii-grown coffees and the regional origins of the various
coffees not grown in Hawaii that are included in a blend may be shown on the
label. If used, this list shall consist of the term "Contains:",
followed by, in descending order of per cent by weight and separated by commas,
the respective geographic origin or regional origin of the various coffees in
the blend that the manufacturer chooses to list. Each geographic origin or
regional origin may be preceded by the per cent of coffee by weight represented
by that geographic origin or regional origin, expressed as a number followed by
the per cent sign. The type size used for this list shall not exceed half that
of the identity statement. This list shall appear below the identity
statement, if included on the front panel of the label.
(c) It shall be a violation of this section
to:
(1) Use the identity
statement specified in subsection (a)(1)(A) or similar terms in labeling or
advertising unless the package of roasted or instant coffee contains one
hundred per cent coffee from that one geographic origin;
(2) Use a geographic
origin in labeling or advertising, including in conjunction with a coffee style
or in any other manner, if the roasted or instant coffee contains less than ten
per cent coffee by weight from that geographic origin;
(3) Use a geographic
origin in advertising roasted or instant coffee, including advertising in
conjunction with a coffee style or in any other manner, without disclosing the
percentage of coffee used from that geographic origin as described in
subsection (a)(1)(B) and (a)(2);
(4) Use a geographic
origin in labeling or advertising roasted or instant coffee, including in
conjunction with a coffee style or in any other manner, if the green coffee
beans used in that roasted or instant coffee do not meet the grade standard
requirements of rules adopted under chapter 147;
(5) Misrepresent, on a
label or in advertising of a roasted or instant coffee, the per cent coffee by
weight of any coffee from a geographic origin or regional origin;
(6) Use the term
"All Hawaiian" on a label or in advertising of a roasted or instant
coffee if the roasted or instant coffee is not produced entirely from green
coffee beans produced in geographic origins defined in this chapter;
(7) Use a geographic
origin on the front label panel of a package of roasted or instant coffee other
than in the trademark or in the identity
statement as authorized in subsection (a)(1) and (2) unless one hundred per cent of the roasted or instant coffee
contained in the package is from that geographic origin;
(8) Use more than one
trademark on a package of roasted or instant coffee unless one hundred per cent
of the roasted or instant coffee contained in the package is from that
geographic origin specified by the trademark;
(9) Use a trademark that
begins with the name of a geographic origin on a package of roasted or instant
coffee unless one hundred per cent of the roasted or instant coffee contained
in the package comes from that geographic origin or the trademark ends with
words that indicate a business entity; or
(10) Print the identity
statement required by subsection (a) in a smaller font than that used for a
trademark that includes the name of a geographic origin pursuant to paragraph
(7) and in a location other than the front label panel of a package of roasted
or instant coffee.
(d) Roasters, manufacturers, or other
persons who package roasted or instant coffee covered by this section shall
maintain, for a period of two years, records on the volume and geographic
origin or regional origin of coffees purchased and sold and any other records
required by the department for the purpose of enforcing this section.
Authorized employees of the department shall have access to these records
during normal business hours.
(e) For the purpose of this section:
"Geographic origin" means the
geographic regions in which Hawaii-grown green coffee beans are produced, as
defined in rules adopted under chapter 147; provided that the term
"Hawaiian" may be substituted for the geographic origin
"Hawaii".
"Per cent coffee by weight" means
the percentage calculated by dividing the weight in pounds of roasted green
coffee beans of one geographic or regional origin used in a production run of
roasted or instant coffee, by the total weight in pounds of the roasted green
coffee beans used in that production run of roasted or instant coffee, and
multiplying the quotient by one hundred."]
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval; provided that sections 3 and 4 shall take effect on July 1, 2015.
Report Title:
Agricultural Commodities; Labeling Requirements; Board of Agriculture
Description:
Requires the Board of Agriculture to create labeling requirements for all agricultural commodities in Hawaii beginning July 1, 2015. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
