HOUSE OF REPRESENTATIVES

H.B. NO.

2227

THIRTY-FIRST LEGISLATURE, 2022

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO THE "MADE IN HAWAII" PROGRAM.

 

 

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

 


     SECTION 1.  The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

HAWAII MADE PRODUCTS

     §   -1  Hawaii-made products; Hawaii-processed products.  (a)  The department of commerce and consumer affairs shall enforce this chapter.

     (b)  No person shall:

     (1)  Keep, offer, display or expose for sale, or solicit for the sale of any item, product, souvenir, or other merchandise that:

          (A)  Is labeled "made in Hawaii"; or

          (B)  By any other means misrepresents the origin of the item as being from any place within the State, or uses the phrase "made in Hawaii" as an advertising or media tool,

for any product that has not been manufactured, assembled, fabricated, or produced within the State and that has not had at least fifty-one per cent of its wholesale value added by manufacture, assembly, fabrication, or production within the State.

     (c)  Subsection (b) notwithstanding, no person shall keep, offer, display, expose for sale, or solicit the sale of any perishable consumer commodity that is labeled "made in Hawaii", "produced in Hawaii", or "processed in Hawaii" or that by any other means represents the origin of the perishable consumer commodity as being from any place within the State, or use the phrase "made in Hawaii", "produced in Hawaii", or "processed in Hawaii" as an advertising or media tool for any perishable consumer commodity, unless the perishable consumer commodity is wholly or partially manufactured, processed, or produced within the State from raw materials that originate from inside or outside the State and at least fifty-one per cent of the wholesale value of the perishable consumer commodity is added by manufacture, processing, or production within the State.

     (d)  Any person who violates subsection (c) shall be deemed to have engaged in an unfair or deceptive act or practice in the conduct of any trade or commerce within the meaning of section 480-2."

     SECTION 2.  Section 201-3.5, Hawaii Revised Statutes, is amended to read as follows:

     "§201-3.5  ["Hawaii Made"] "Made in Hawaii" program for manufactured products oversight; ["Hawaii Made"] "Made in Hawaii" trademark.  (a)  The department of business, economic development, and tourism shall administer and oversee a ["Hawaii Made"] "Made in Hawaii" program for manufactured products and shall hold ownership of the ["Hawaii Made"] "Made in Hawaii" trademark.

     (b)  For purposes of this section, the department of business, economic development, and tourism shall:

     (1)  Promote consumer demand for ["Hawaii Made"] "Made in Hawaii" products;

     (2)  Coordinate manufacturing of ["Hawaii Made"] "Made in Hawaii" products;

     (3)  Coordinate and promote distribution channels for ["Hawaii Made"] "Made in Hawaii" products;

     (4)  Ensure that appropriate patents and copyrights are acquired for ["Hawaii Made"] "Made in Hawaii" products; and

     (5)  Identify new funding opportunities to promote the expansion of ["Hawaii Made"] "Made in Hawaii" products.

     [(c)  No person shall:

     (1)  Keep, offer, display or expose for sale, or solicit for the sale of any item, product, souvenir, or other merchandise that:

          (A)  Is labeled "Hawaii Made"; or

          (B)  By any other means, represents the origin of the item as being from any place within the State; or

     (2)  Use the phrase "Hawaii Made" as an advertising or media tool,

for any item that has not been manufactured, assembled, fabricated, or produced within the State and that has not had at least fifty-one per cent of its wholesale value added by manufacture, assembly, fabrication, or production within the State, including Hawaii-sourced goods, services, and intellectual property.]"

     SECTION 3.  Section 486-119, Hawaii Revised Statutes, is repealed.

     ["§486-119  Hawaii-made products; Hawaii-processed products.  (a)  No person shall keep, offer, display or expose for sale, or solicit for the sale of any item, product, souvenir, or any other merchandise that is labeled "made in Hawaii" or that by any other means misrepresents the origin of the item as being from any place within the State, or uses the phrase "made in Hawaii" as an advertising or media tool for any craft item that has not been manufactured, assembled, fabricated, or produced within the State and that has not had at least fifty-one per cent of its wholesale value added by manufacture, assembly, fabrication, or production within the State.

     (b)  Subsection (a) notwithstanding, no person shall keep, offer, display, expose for sale, or solicit the sale of any perishable consumer commodity that is labeled "made in Hawaii", "produced in Hawaii", or "processed in Hawaii" or that by any other means represents the origin of the perishable consumer commodity as being from any place within the State, or use the phrase "made in Hawaii", "produced in Hawaii", or "processed in Hawaii" as an advertising or media tool for any perishable consumer commodity, unless the perishable consumer commodity is wholly or partially manufactured, processed, or produced within the State from raw materials that originate from inside or outside the State and at least fifty-one per cent of the wholesale value of the perishable consumer commodity is added by manufacture, processing, or production within the State."]

     SECTION 4.  There is appropriated out of the general revenues of the State of Hawaii the sum of $150,000 or so much thereof as may be necessary for fiscal year 2022-2023 for oversight and administration of the "Made in Hawaii" program and for the department of business, economic development and tourism to promote the "Made in Hawaii" brand.

     The sum appropriated shall be expended by the department of business, economic development and tourism for the purposes of this Act.

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.


     SECTION 6.  This Act shall take effect upon its approval; provided that section 4 of this Act shall take effect on July 1, 2022.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Hawaii-Made Products; Hawaii-Processed Products; Enforcement; Department of Commerce and Consumer Affairs; "Hawaii Made" Program; Department of Business, Economic Development, and Tourism; Appropriation

 

Description:

Transfers the enforcement of the "Made in Hawaii" trademark from the Department of Agriculture to the Department of Commerce and Consumer Affairs.  Renames the "Hawaii Made" program to the "Made in Hawaii" program.  Makes an appropriation.

 

 

 

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