HOUSE OF REPRESENTATIVES

H.B. NO.

1126

TWENTY-SEVENTH LEGISLATURE, 2013

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO ADVERTISING AND MARKETING.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


SECTION 1. Chapter 148, Hawaii Revised Statutes, is amended by adding three new sections to be appropriately designated and to read as follows:

"148- Beer; brand names. Where the geographical name "Hawaii" or adjective "Hawaiian" is used, or any geographical area within Hawaii is named by its formal name or used as an adjective, or any Hawaiian word or statement, design, symbol, or device appearing upon a label of a bottle of beer sold or distributed in this State, whether or not in conjunction with the name or adjective, that tends to create the impression that the beer was produced in the place or region other than that of actual production, the department may require the word "brand" to be stated in direct conjunction with the geographical name or adjective, Hawaiian word or statement, design, or device, in lettering at least one-half the size of the lettering in which the name or adjective appears on the label. If the department finds that the addition of the word "brand" does not dispel the impressions conveyed by the use of the geographical name or adjective, Hawaiian word or statement, design, or device, the department may require, in addition to the word "brand", the use of other appropriate language that will convey the true place of production.

148- Beer; name and address of bottler. On labels of bottled or canned beer sold or distributed in the State that bears any Hawaiian brand name or adjective, Hawaiian word or statement, design, or device, including locations within Hawaii designated by name or adjectives, there shall be the name of the bottler and the place where the beer was bottled or canned. The bottler's principal place of business may be shown in lieu of the actual place where the beer was bottled or canned if the address shown is a location where the bottling or canning takes place. If the beer is canned or bottled for a person other than the actual bottler there may be stated in addition to the name and address of the bottler, but not in lieu thereof, the name and address of the other person; provided that the name and address of the other person is immediately preceded by the words "bottled or canned for", "distributed by", or some other similar phrase.

148- Beer; appellation of origin. Any bottled or canned beer sold or distributed in the State may include a label indicating its appellation of origin; provided that:

(1) At least seventy-five per cent of the beer's volume is derived from fruit or other agricultural products both grown and fermented in the place or region indicated by the appellation;

(2) The beer has been fully produced and finished within the place or region of origin; and

(3) The beer conforms to the requirements of the laws and regulations of the place or region governing the composition, method of production, and designation for the consumption of beer within the place or region of origin."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect on January 20, 2020.



 

Report Title:

Advertising and Marketing; Place of Origin; Beer

 

Description:

Requires beers sold or distributed in the State whose labels convey the impression that the beers were produced in Hawaii to indicate otherwise if not produced in the State. Effective January 20, 2020. (HB1126 HD1)

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.