Report Title:

Fish; Meat; Labeling

 

Description:

Requires gas-treated fish and meat to be labeled as such. Requires the Department of Agriculture to post labeling requirements on its website. (HB1611 CD1)

 


HOUSE OF REPRESENTATIVES

H.B. NO.

1611

TWENTY-FIFTH LEGISLATURE, 2009

H.D. 2

STATE OF HAWAII

S.D. 2

 

C.D. 1

 

 

A BILL FOR AN ACT

 

 

RELATING TO LABELING OF MEAT AND FISH PRODUCTS.

 

 

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

 


SECTION 1. Chapter 328, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"328-   Fish products; labeling. Fish products that have been gas-treated to approximate the appearance of freshness shall bear a label indicating:

(1) The type of gas that was used; and

(2) A statement that the gas treatment was used to approximate the appearance of freshness."

SECTION 2. Section 159-3, Hawaii Revised Statutes, is amended by amending the definition of "misbranded" to read as follows:

""Misbranded" shall apply to any carcass, part thereof, meat or meat products under one or more of the following circumstances:

(1) If its labeling is false or misleading in any particular[.];

(2) If it is offered for sale under the name of another food[.];

(3) If it is an imitation of another food, unless its label bears, in type of uniform size and prominence, the word "imitation" and immediately thereafter, the name of the food imitated[.];

(4) If its container is made, formed, or filled as to be misleading[.];

(5) If in a package or other container unless it bears a label showing:

(A) The name and place of business of the manufacturer, packer, or distributor[.]; and

(B) An accurate statement of the quantity of the contents in terms of weight, measure, or numerical count; provided that reasonable variations may be permitted and exemptions as to small packages may be prescribed by the board[.];

(6) If any word, statement, or other information required by or under authority of this chapter to appear on the label or other labeling is not prominently placed thereon with the conspicuousness as compared with other words, statements, designs, or devices, in the labeling and in the terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use[.];

(7) If it purports to be or is represented as a food for which a definition and standard of identity or composition has been prescribed by the board under this chapter unless:

(A) It conforms to the definition and standard[.]; and

(B) Its label bears the name of the food specified in the definition and standard and, insofar as may be required by the regulations, the common names of optional ingredients [(]other than spices, flavoring, and coloring[)] present in the food[.];

(8) If it purports to be or is represented as a food for which a standard of fill of container has been prescribed by the board under this chapter, and it falls below the standard of fill of container applicable thereto, unless its label bears, in the manner and form as the board prescribes, a statement that it falls below the standard[.];

(9) If it is not subject to paragraph (7), unless its label bears:

(A) The common or usual name of the food, if any there be[.]; and

(B) In case it is fabricated from two or more ingredients, the common or usual name of each ingredient; except that spices, flavorings, and colorings may with the approval of the board be designated as spices, flavorings, and colorings without naming each; provided that to the extent that compliance with the requirements of this subparagraph is impracticable, or results in deception or unfair competition, exemptions shall be established by the board[.];

(10) If it purports to be or is represented for special dietary uses, unless its label bears the information concerning its vitamin, mineral, and other dietary properties as the board, after consultation with the Secretary of Agriculture and concurrence by the department of health, determines to be and prescribes as necessary in order fully to inform purchasers as to its value for the uses[.];

(11) If it bears or contains any artificial flavoring, artificial coloring, or chemical preservative, unless it bears labeling stating that fact; provided that to the extent that compliance with this paragraph is impracticable, exemptions shall be established by the board[.];

(12) If it fails to bear, directly thereon or on its container, as the board may prescribe, the inspection legend and, unrestricted by any of the foregoing, other information as the board may require to assure that it will not have false or misleading labeling and that the public will be informed of the manner of handling required to maintain the meat or meat products in a wholesome condition[.]; or

(13) If the meat or meat products have been gas-treated to approximate the appearance of freshness, but do not bear a label indicating:

(A) The type of gas that was used; and

(B) A statement that the gas treatment was used to approximate the appearance of freshness."

SECTION 3. Section 328-29, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Any person who violates section 328-   or section 328-6 shall be fined [not more than $500, or imprisoned not more than one year, or both.]:

(1) $1,000 for an initial violation; and

(2) $2,000 for each subsequent violation."

SECTION 4. The department of agriculture shall display on the department's official website notice of the labeling requirements for gas-treated meat or meat products and fish products required by section 328-   or 328-6, Hawaii Revised Statutes. The notice required by this Act shall be continuously available to producers, packagers, distributors, retailers, consumers of meat and fish, and the general public through the department of agriculture's website beginning on August 1, 2009.

SECTION 5. If any provision of this Act, or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Act, which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect upon its approval; provided that sections 1, 2, and 3 shall take effect on August 1, 2009.