THE SENATE

S.B. NO.

2354

TWENTY-SEVENTH LEGISLATURE, 2014

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to coffee.

 

 

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

 


     SECTION 1.  The legislature finds that the marketers of coffee blends that include Hawaii-grown coffees disclose the geographic origin of the Hawaii-grown coffee, but almost never disclose the geographic origin of the other non-Hawaii-grown coffees also included in the package.  This non-disclosure of the geographic origin of the non-Hawaii-grown coffee, which is usually the vast majority (usually ninety per cent) of the coffee in such coffee blends, confuses and misleads consumers.  Such confusion is particularly likely when the brand names used by marketers of these coffee blends contain the terms "Hawaii", "Hawaiian", or a Hawaii place name.

     For example, when terms like "Hawaiian", "Kona", or "Maui" are used in large type as part of brand names at the top of coffee labels, but there is no disclosure of the origin of the ninety per cent non-Hawaii grown coffee in a package, consumers are often confused and misled into believing they are buying a package of Hawaii-grown coffee.  These concerns were echoed in S.C.R. 102, S.D. 1, H.D. 1, Regular Session of 2007, which found that "existing labeling requirements for Kona coffee causes consumer fraud and confusion and degrades the 'Kona coffee' name."  Amendments to the relevant statutes are therefore necessary to prevent consumer fraud and confusion.

     The purpose of this Act is to conform state coffee labeling laws to principles of consumer disclosure and fair marketing by requiring express label disclosure of the per cent of coffee not grown in Hawaii that is included in coffee blends that contain Hawaii-grown coffees.

     SECTION 2.  Section 486-120.6, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  A listing of the geographic origins of the various Hawaii-grown coffees and the regional origins of the various coffees not grown in Hawaii that are included in a blend [may] shall be shown on the label.  [If used, this] This list shall consist of the term "Contains:", followed by, in descending order of per cent by weight and separated by commas, the respective geographic origin or regional origin of the various coffees in the blend [that the manufacturer chooses to list].  Each geographic origin or regional origin [may] shall be preceded by the per cent of coffee by weight represented by that geographic origin or regional origin, expressed as a number followed by the per cent sign.  When a blend contains one Hawaii-grown coffee and one or more coffees not grown in Hawaii, this list may use the aggregate per cent by weight of the coffees not grown in Hawaii followed by the term "Foreign-Grown Coffee", in place of listing each respective geographic origin or regional origin of the coffees not grown in Hawaii.  The type size used for this list shall [not exceed half] be equal to that of the identity statement.  This list shall appear below the identity statement[, if included] on the front panel of the label."

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

     SECTION 4.  This Act shall take effect on January 1, 2015.

 

INTRODUCED BY:

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Report Title:

Coffee; Hawaii-grown Coffee; Labeling; Geographic or Regional Origins

 

Description:

Requires a specific listing of the geographic origins of various Hawaii-grown coffees and the geographic or regional origins of the various coffees not grown in Hawaii that are included in a coffee blend to be listed on the front panel of a label.  Permits the aggregate per cent by weight of foreign grown coffees to be listed in lieu of a list of each of the geographic origins of the coffees not grown in Hawaii.

 

 

 

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