THE SENATE

S.B. NO.

2374

THIRTIETH LEGISLATURE, 2020

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to MEASUREMENT standards.

 

 

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

 


SECTION 1. The legislature finds that food labels can be misleading. Specifically, because consumers appear to be more conscious of their health than ever, some food manufacturers make less than factual health claims on their food labels that take advantage of a consumer's preference to eat healthy foods and unfairly lure the consumer into purchasing their products. In fact, research shows that adding health claims to food labels convinces a consumer that the product is healthier than an identical product that does not list health claims.

The purpose of this Act is to prohibit certain food labeling practices with regard to foods with non-genetically-modified-organisms, organic foods, and gluten-free foods.

SECTION 2. Chapter 486, Hawaii Revised Statutes, is amended by adding a new section to part V to be appropriately designated and to read as follows:

"486- Food labeling; non-GMO; organic; gluten-free. (a) No person shall keep, offer, display, expose for sale, or solicit for the sale of any produce labeled as "non-genetically-modified-organism", "non-GMO", or like terms, unless the person knows or has reason to know that:

(1) The produce appears on the List of Bioengineered Foods developed by the United States Department of Agriculture, which identifies crops or foods that are available in a bioengineered form throughout the world and for which regulated entities must maintain records;

(2) The grower or producer of the produce has been issued a permit by the United States Department of Agriculture to produce crops of the produce for commercial use; and

(3) The grower or producer of the produce has received "deregulated status" by the United States Department of Agriculture to plant and distribute the produce without restriction.

(b) No person shall keep, offer, display, expose for sale, or solicit for the sale of any food item labeled as "organic" or like term unless the person knows or has reason to know that the food item has been grown or produced by a grower who has been issued an organic certificate by a certifying agent who is accredited by the United States Department of Agriculture to organically grow the product that the grower labels as "organic".

(c) Unless otherwise specified by the United States Food and Drug Administration, the United States Department of Agriculture, or the Alcohol and Tobacco Tax and Trade Bureau, no person shall keep, offer, display, expose for sale, or solicit for the sale of any food item labeled as "gluten-free", "no gluten", "free of gluten", or similar terms unless the person knows or has reason to know that the food item contains an ingredient that:

(1) Uses a grain in which gluten occurs naturally; and

(2) Has been processed to remove the gluten."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

 

INTRODUCED BY:

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Report Title:

Food Labeling; Non-Genetically-Modified-Organisms; Organic; Gluten-Free

 

Description:

Prohibits certain food labeling practices with regard to foods with non-genetically-modified-organisms, organic foods, and gluten-free foods.

 

 

 

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