STAND. COM. REP. NO. 795
RE: S.B. No. 694
Honorable Ronald D. Kouchi
President of the Senate
Thirtieth State Legislature
Regular Session of 2019
State of Hawaii
Your Committee on Commerce, Consumer Protection, and Health, to which was referred S.B. No. 694 entitled:
"A BILL FOR AN ACT RELATING TO CONSUMER PROTECTION,"
begs leave to report as follows:
The purpose and intent of this measure is to require that food scales be located within one hundred feet of self-service food items sold by weight.
Your Committee received testimony in support of this measure from the O‘ahu County Committee on Legislative Priorities of the Democratic Party of Hawai‘i. Your Committee received testimony in opposition to this measure from the Hawaii Food Industry Association and Retail Merchants of Hawaii. Your Committee received comments on this measure from the Department of Agriculture.
Your Committee finds that this measure would require food scales to be located within one hundred feet of self-service food items sold by weight. However, your Committee has heard the testimony expressing concerns that, as retail space is limited and valuable, requiring scales to be placed within one hundred feet of self-service food items may not be practical or necessary. Your Committee has also heard the concerns raised in testimony about the negative economic impact this measure may have on small businesses and farmers' markets, as scales are not cheap to purchase or consistently calibrate. Your Committee appreciates these concerns and believes further consideration regarding potential consequences of this measure on small businesses and farmers' markets is warranted as this measure moves through the legislative process.
Accordingly, your Committee has amended this measure by:
(1) Removing language that would have required a self-service food seller to locate a scale no further than one hundred feet from the self-service food being offered for sale;
(2) Requiring a seller to provide a scale for a customer to use before sale that is approved for use, accurate, and properly licensed by the Department of Agriculture as a commercial measuring device and that indicates the price of the item being weighed;
(3) Inserting language that exempts farmers' markets;
(4) Inserting an effective date of July 1, 2050, to encourage further discussion; and
(5) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.
As affirmed by the record of votes of the members of your Committee on Commerce, Consumer Protection, and Health that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 694, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 694, S.D. 1, and be placed on the calendar for Third Reading.
Respectfully submitted on behalf of the members of the Committee on Commerce, Consumer Protection, and Health,
ROSALYN H. BAKER, Chair