HOUSE OF REPRESENTATIVES

H.B. NO.

376

TWENTY-SEVENTH LEGISLATURE, 2013

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO FOOD.

 

 

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

 


SECTION 1. Each year, contaminated food and dangerous merchandise and products are recalled in Hawaii. Class I recalls of food, products, and merchandise by the United States Department of Agriculture or the United States Food and Drug Administration are made when the recalled food, product, or merchandise presents a reasonable probability that the use of, or exposure to, the food, product, or merchandise will cause serious adverse health consequences or death. Recent Hawaii class I food recalls included foods contaminated with Escherichia coli, botulism, salmonella, listeria, and other dangerous food-borne diseases.

There are approximately three hundred cases of salmonellosis and nineteen cases of Escherichia coli 0157 reported in Hawaii each year. Recalling contaminated foods and unsafe merchandise is vital to public health. While the rapid removal of recalled foods by retailers is essential, removing dangerous products from shelves does not address the dangers in recalled products that have already been sold. To minimize danger to the public health, it is essential that retailers promptly notify consumers who have purchased recalled products to ensure that consumers do not unknowingly consume contaminated food products. Several retailers, such as Walmart, Sam's Club, and Costco, already provide this service voluntarily, reducing the risk of harm to their own customers and the public.

The purpose of this Act is to require any retailer who routinely collects consumer purchasing data to promptly contact purchasers who purchased products involved in a class I recall by email, text message, telephone call, or mail.

SECTION 2. Chapter 487D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"487D-   Food product and merchandise safety recall notices; requirements; violation. (a) In the event of a class I recall of any food, product, or merchandise sold by a club card issuer, the club card issuer shall contact each cardholder who purchased the food, product, or merchandise subject to the class I recall and inform the cardholder of the class I recall. Cardholders shall be contacted by email, text message, telephone, or regular mail, and contact shall be initiated within two days from when the club card issuer receives notice that it sold the recalled food, product, or merchandise.

(b) Any person who violates this section shall be deemed to have engaged in an unfair or deceptive act or practice pursuant to section 480-2."

SECTION 3. Section 487D-1, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

""Class I recall" has the same meaning as in title 21 code of federal regulations section 7.3(m)(1); that is, a situation in which the recalled food, product, or merchandise presents a reasonable probability that the use of, or exposure to, the food, product, or merchandise will cause serious adverse health consequences or death."

SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 5. New statutory material is underscored.

SECTION 6. This Act shall take effect on July 1, 2050.


 


 

Report Title:

Food, Product, and Merchandise Safety Recall Notices

 

Description:

Requires club card issuers to inform cardholders by email, text message, telephone, or regular mail in the event of a class I recall of any food, product, or merchandise sold by the club card issuer. Effective July 1, 2050. (HB376 HD1)

 

 

 

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