Report Title:

Hawaii-Made Products; Labeling Requirements

 

Description:

Amends "made in Hawaii" rules to include "grown in Hawaii" and creates labeling requirements.  Requires products to comply by 7/1/2011.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

448

TWENTY-FIFTH LEGISLATURE, 2009

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

relating to hawaii products.

 

 

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

 


     SECTION 1.  Section 486-119, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§486-119[]]  Hawaii-made products[.]; labeling requirements.  (a) No person shall keep, offer, display or expose for sale, or solicit for the sale of any item, product, souvenir, or any other merchandise [which] that is labeled "made in Hawaii" or [which] "grown in Hawaii" or by any other means, including brand and product name, which misrepresents the origin of the item as being from any place within the State, which has not been manufactured, assembled, fabricated, or produced within the State, and which has not had at least fifty-one per cent of its wholesale value added by manufacture, assembly, fabrication, or production within the State.

     (b)  Any named agricultural product in a processed food product that does not contain at least fifty-one per cent of its contents by weight of a product grown within the State for each consumable item, or in the case of a named agricultural product that is whole and not processed, the product shall contain one hundred per cent of the named agricultural product.

     (c)  For purposes of this section:

     "Agricultural product" means any animal, vegetable, or prepared food item which is customary and fit for human consumption.

     "Processed food product" means a cooked, preserved, frozen, pickled, dried, or otherwise prepared food item with added ingredients.

     (d)  Products that meet the requirements to be labeled "made in Hawaii" shall place a picture or symbol of the state flower, a yellow hibiscus, next to or preceding the printed words "made in Hawaii" or "grown in Hawaii".  Any person offering a product for sale the meets the requirements to be labeled "made in Hawaii" that is not customarily packaged, shall label the item in a conspicuous spot adjacent to the price or description of the item with a yellow hibiscus next to or preceding the printed words "made in Hawaii" or "grown in Hawaii".  For any labels that are gray-scale or contain no color, the hibiscus symbol may be black and white.  The department shall adopt a hibiscus seal that meets the requirements of this subsection.

     (e)  Any product that falls within the scope of this section shall comply no later than July 1, 2011."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2009.

 

INTRODUCED BY:

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