THE SENATE

S.B. NO.

1086

TWENTY-SIXTH LEGISLATURE, 2011

S.D. 1

STATE OF HAWAII

H.D. 2

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO CONSUMER INFORMATION.

 

 

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 part III to be appropriately designated and to read as follows:

"328‑   Fresh baked goods; advertising. Baked goods shall not be represented, advertised, labeled, or marketed using the term "fresh" or "now fresh bread" unless the baked goods have never been frozen prior to retail sale to the consumer."

SECTION 2. Section 328-61, Hawaii Revised Statutes, is amended to read as follows:

"328-61 Notifying consumer. (a) No person shall sell or offer to sell any uncooked thawed food which substantially resembles the physical appearances of the fresh food without a label, as hereinafter described, notifying the purchaser that [such] the food had been frozen and then thawed out; provided that this section shall not apply if the thawed foods are processed by grinding or have been dehydrated before being offered for retail sale.

(b) No grocer or wholesale club shall sell or offer to sell any baked bread that has been frozen after previously being baked in an oven or other heating device and is being offered for sale in a thawed state, unless the grocer or wholesale club posts a sign that:

(1) Identifies all of the baked bread products sold in the establishment that have been previously frozen;

(2) Is displayed within the establishment at the primary location where the baked bread products are sold; and

(3) Displays the words "previously frozen" in wording no less than twenty-four point font and the names of the previously frozen products in wording no less than fourteen point font.

All suppliers of such products for resale in the State shall provide to the grocers or wholesale clubs to whom they supply the products a listing that identifies by name all previously frozen baked bread provided by the supplier; provided that a grocer or wholesaler club shall be deemed to be in compliance with this subsection if the grocer or wholesale club relies upon the listing from the supplier."

SECTION 3. Section 328-61, Hawaii Revised Statutes, is amended to read as follows:

"328-61 Notifying consumer. (a) No person shall sell or offer to sell any uncooked thawed food which substantially resembles the physical appearances of the fresh food without a label, as hereinafter described, notifying the purchaser that [such] the food had been frozen and then thawed out; provided that this section shall not apply if the thawed foods are processed by grinding or have been dehydrated before being offered for retail sale.

(b) No grocer or wholesale club shall sell or offer to sell any baked goods that have been frozen after previously being baked in an oven or other heating device and are being offered for sale in a thawed state, unless the grocer or wholesale club posts a sign that:

(1) Identifies all of the baked good products sold in the establishment that have been previously frozen;

(2) Is displayed within the establishment at the primary location where the baked goods are sold; and

(3) Displays the words "previously frozen" in wording no less than twenty-four point font and the names of the previously frozen products in wording no less than fourteen point font.

All suppliers of such products for resale in the State shall provide to the grocers or wholesale clubs to whom they supply the products a listing that identifies by name all previously frozen baked goods provided by the supplier; provided that a grocer or wholesaler club shall be deemed to be in compliance with this subsection if the grocer or wholesale club relies upon the listing from the supplier.

(c) For the purposes of this section, "baked goods" means any food product that is prepared in an oven or dried and hardened by heat, including but not limited to bread, cookies, doughnuts, muffins, and other baked pastry items."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval; provided that section 2 shall take effect on September 1, 2011; provided further that on September 1, 2013, section 2 shall be repealed and section 3 shall take effect.



 

Report Title:

Baked Bread; Baked Goods; Advertising; Signage

 

Description:

Requires grocers and wholesale clubs to identify baked bread that has been previously frozen beginning September 1, 2011. Requires grocers and wholesale clubs to identify baked goods that have been previously frozen beginning September 1, 2013. (SB1086 HD2)

 

 

 

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