MacNut labeling

Provides additional labeling requirements for macadamia nuts.

HOUSE OF REPRESENTATIVES                H.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  Section 486-120.5, Hawaii Revised Statutes, is
 2 amended to read as follows:
 3      "[[]486-120.5[]]  Macadamia nuts; labeling requirements.
 4 (a)  If a label on a consumer package contains language that all
 5 of the raw or processed macadamia nuts contained in the package
 6 were grown in Hawaii, the label shall be worded, "100% Hawaii-
 7 Grown Macadamia Nuts", "Hawaii-Grown Macadamia Nuts", "100%
 8 Hawaiian Macadamia Nuts", or "Hawaiian Macadamia Nuts", and shall
 9 appear on the principal display panel of the package.
10      (b)  All nonconsumer packages containing macadamia nuts
11 grown in the State and introduced into intrastate or interstate
12 commerce, shall bear on the package a label containing language
13 that the package contains Hawaii-grown macadamia nuts.  This
14 label shall be in addition to all other labeling requirements
15 specified in this chapter.
16      (c)  A macadamia nut product, or a product containing
17 macadamia nuts as an ingredient, which is not comprised of one
18 hundred per cent Hawaii grown macadamia nuts, shall state the
19 geographic origin of the nuts on the principal display panel in

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 1 the following manner:
 2      "Contains (country of origin or U.S. state of origin) Grown
 3      Macadamia Nuts".
 4 If a blend of non-Hawaii grown macadamia nuts is used in a
 5 product, then the predominant geographic origin represented by
 6 weight shall be stated on the principal display panel.  The type
 7 size of the statement of geographic origin shall be equal to that
 8 required for the net contents statement, and in lines generally
 9 parallel to the base of the label.
10      [(c)] (d)  Any person keeping, offering, displaying,
11 exposing for sale, or soliciting for sale, any raw or processed
12 macadamia nut product, which represents or which is branded or
13 labeled that the macadamia nuts were grown in Hawaii, shall make
14 available to the administrator, upon demand, documented proof
15 that one hundred per cent of the macadamia nuts were grown in the
16 State.
17      [(d)] (e)  It shall be a violation of this part to use a
18 label containing the words, "100% Hawaii-Grown Macadamia Nuts",
19 "Hawaii-Grown Macadamia Nuts", "100% Hawaiian Macadamia Nuts", or
20 "Hawaiian Macadamia Nuts", or similar wording if any portion of
21 the macadamia nuts contained in the package are not grown in the
22 State.
23      [(e)  For purposes of subsections (a), (b) and (c), only one

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                                     H.B. NO.           S.D. 1

 1 hundred per cent Hawaii grown macadamia nuts may be labeled
 2 either "100% Hawaii-Grown Macadamia Nuts" or "Hawaii-Grown
 3 Macadamia Nuts".]"
 4      SECTION 2.  Statutory material to be repealed is bracketed.
 5 New statutory material is underscored.
 6      SECTION 3.  This Act shall take effect upon its approval.