Labeling, Aquatic Food

Requires proper labeling of aquatic food grown, manufactured,
significantly processed, or landed in Hawaii.

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

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  Chapter 486, Hawaii Revised Statutes, is amended
 2 by adding a new section to be appropriately designated and to
 3 read as follows:
 4      "486-    Aquatic food; labels.  (a)  For the purpose of
 5 this section:
 6      "Aquatic food" means any fish, crustacean, mollusk,
 7 gastropod, echinoderm, or aquatic plant intended for human
 8 consumption.
 9      "Hawaiian name" means any word or phrase that is part of the
10 Hawaiian language.
11      "Landed" means brought ashore at a port or harbor.
12      ["Restaurant" means any food service establishment that
13 serves meals or food for on-site or off-site consumption and that
14 is authorized by the department of health to operate as a food
15 service establishment.]
16      "Retail store" means any establishment organized for
17 retailing goods including but not limited to food and grocery
18 stores.
19      "Wholesaler" means any person who buys or sells aquatic food

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 1 or aquatic products in trade channels other than retail.
 2      [(b)  No person shall knowingly keep, display, expose for
 3 sale, or solicit for the sale of any aquatic food that
 4 misrepresents the origin of the aquatic food as being grown,
 5 manufactured, significantly processed, or landed in the State.]
 6      [(c)](b)  It shall be unlawful to knowingly sell, offer to
 7 sell, or expose for sale, to a wholesaler, retail store, or
 8 consumer, any aquatic food that has been grown, manufactured,
 9 significantly processed, or landed at any location outside of the
10 State and is labeled using a Hawaiian name[.], except for (1)
11 products that qualify as Hawaiian-made under Section 119 of this
12 Chapter, or unless (2) the term "imported" or the region of
13 origin precedes the Hawaiian name.
14      [(d)  It shall be unlawful for a restaurant to knowingly
15 sell or offer to sell, or expose for sale, any aquatic food using
16 a Hawaiian name that has been grown, manufactured, significantly
17 processed, or landed at any location outside of the State.]
18      [(e)](c)  Any person who violates this section shall be
19 fined not less than [$5,000] $0 for each separate offense."
20      SECTION 2.  This Act does not affect rights and duties that
21 matured, penalties that were incurred, and proceedings that were
22 begun, before its effective date.
23      SECTION 3.  New statutory material is underscored.
24      SECTION 4.  This Act shall take effect upon its approval.