Bill Text: HI SB737 | 2013 | Regular Session | Amended
Bill Title: DOA; Farmers' Markets; Source of Origin
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2013-02-13 - Report adopted; Passed Second Reading, as amended (SD 1) and referred to CPN. [SB737 Detail]
Download: Hawaii-2013-SB737-Amended.html
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THE SENATE |
S.B. NO. |
737 |
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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 TRUTH-IN-ADVERTISING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Farmers' markets play an important role in Hawaii's communities by establishing and maintaining connections between consumers and local farms. Moreover, the consumption of locally-produced agricultural products, when practicable, contributes significantly towards the goal set forth by the Hawaii 2050 Sustainability Plan to "increase production and consumption of local foods and products, particularly agriculture."
There have been instances, however, where outdoor markets purporting to be local farmers' markets sell imported agricultural products or agricultural products bought from wholesalers. Further, vendors are not required to disclose a product's geographic source of origin, thereby misleading unassuming consumers.
The purpose of this Act is to require that all agricultural products sold at farmers' markets are displayed with a sign or label declaring the products' geographic origin.
SECTION 2. Chapter 486, Hawaii Revised Statutes, is amended by adding a new section to part V to be appropriately designated and to read as follows:
"§486- Farmers' markets; geographic origin of agricultural products. (a) All agricultural products sold in a farmers' market shall be displayed with a label or sign that contains an identity statement declaring the product's geographic origin. Each word or character in the identity statement shall be of the same type size and shall be contiguous. The identity statement shall be reasonably sized and conspicuously displayed near the product being sold.
(b) It shall be a violation of this chapter to:
(1) Misrepresent on a label, on a sign, in an identity statement, or in advertising of agricultural products in a farmers' market the geographic origin of the agricultural product; or
(2) Display, advertise, or sell agricultural products at a farmers' market without a conspicuously displayed label or sign containing an identity statement pursuant to this section.
(c) Sellers shall maintain, for a period of at least two years, records on the volume and geographic origin of products 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 the records during normal business hours.
(d) For purposes of this section:
"Agricultural product" means any agricultural, aquacultural, horticultural, silvicultural, or floricultural product wherever produced and includes but is not limited to fresh fruits and vegetables, raw unprocessed honey, meat, dairy, poultry, eggs, and any other farm product that may be sold at a farmers' market.
"Farmers' market" means a market where farmers sell their products directly to consumers and includes any market that represents or advertises itself as a farmers' market.
"Geographic origin" means the geographic region or regions in which the agricultural product was grown, collected, or raised and shall include the country of origin, if the product was produced outside the United States, or the state of origin, if the product was produced in the United States."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
Report Title:
DOA; Farmers' Markets; Source of Origin
Description:
Requires that all agricultural products sold at farmers' markets be displayed with a label or sign containing an identity statement declaring the product's geographic origin. Makes noncompliance a violation of chapter 405, HRS. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
