Bill Text: HI HB143 | 2020 | Regular Session | Amended
Bill Title: Relating To Coffee Labeling.
Spectrum: Moderate Partisan Bill (Democrat 13-4)
Status: (Introduced - Dead) 2019-12-01 - Carried over to 2020 Regular Session. [HB143 Detail]
Download: Hawaii-2020-HB143-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
143 |
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THIRTIETH LEGISLATURE, 2019 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO COFFEE LABELING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that ready-to-drink coffee beverages are not subject to the current statutory requirements for fair coffee labeling and advertising; these requirements only apply to "roasted" and "instant" coffee. The legislature also finds that these labeling and advertising requirements were primarily intended to resolve any consumer confusion and allow consumers to "make an enlightened choice," as stated in Act 289, Session Laws of Hawaii 1991. These statutory requirements ensure truthful representation of a coffee product's geographical origin, which protects consumers from fraud and deception in coffee labeling and advertising.
SECTION 2. Section 486-120.6, Hawaii Revised Statutes, is amended to read as follows:
"§486-120.6 Hawaii-grown [roasted or instant]
coffee; labeling or advertising requirements. (a) In
addition to all other labeling requirements, the identity statement used for
labeling or advertising roasted [or] coffee, instant coffee,
or ready‑to‑drink coffee beverages produced in whole or in part
from Hawaii-grown green coffee beans shall meet the following requirements:
(1) For
roasted [or] coffee, instant coffee, or ready-to-drink coffee
beverages that [contains] contain one hundred per cent
Hawaii-grown coffee by weight the identity statement shall consist of either:
(A) The
geographic origin of the Hawaii-grown coffee, in coffee consisting of beans
from only one geographic origin, followed by the word "Coffee";
provided that the geographic origin may be immediately preceded by the term
"100%"; or
(B) The
per cent coffee by weight of one of the Hawaii-grown coffees, used in coffee
consisting of beans from several geographic origins, followed by the geographic
origin of the weight-specified coffee and the terms "Coffee" and
"All Hawaiian";
(2) For
roasted [or] coffee, instant coffee, or ready-to-drink coffee
beverages consisting of a blend of one or more Hawaii-grown coffees and
coffee not grown in Hawaii, the per cent coffee by weight of one of the
Hawaii-grown coffees used in the blend, followed by the geographic origin of
the weight-specified coffee and the term "Coffee Blend"; and
(3) Each
word or character in the identity statement shall be of the same type size and
shall be contiguous. The smallest letter
or character of the identity statement on packages of sixteen ounces or less
net weight shall be at least one and one-half times the type size required
under federal law for the statement of net weight or three-sixteenths of an
inch in height, whichever is smaller.
The smallest letter or character of the identity statement on packages
of greater than sixteen ounces net weight shall be at least one and one-half
times the type size required under federal law for the statement of net
weight. The identity statement shall be
conspicuously displayed without any intervening material in a position above
the statement of net weight. Upper and
lower case letters may be used interchangeably in the identity statement.
(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 be shown on the label.
If used, this list shall consist of the term "Contains:",
followed by, in descending order of per cent coffee 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
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. The type size used for this
list shall not exceed half that of the identity statement. This list shall appear below the identity
statement, if included on the front panel of the label.
(c)
It shall be a violation of this section to:
(1) Use
the identity statement specified in subsection (a)(1)(A) or similar terms in
labeling or advertising unless the package of roasted [or] coffee,
instant coffee, or ready-to-drink coffee beverage contains one hundred
per cent coffee by weight from that one geographic origin;
(2) Use
a geographic origin in labeling or advertising, including in conjunction with a
coffee style or in any other manner, if the roasted [or] coffee,
instant coffee, or ready-to-drink coffee beverage contains less than ten
per cent coffee by weight from that geographic origin;
(3) Use
a geographic origin in labeling or advertising roasted [or] coffee,
instant coffee, or ready-to-drink coffee beverages including advertising
in conjunction with a coffee style or in any other manner, without disclosing
the [percentage of] per cent coffee by weight used from
that geographic origin as described in subsection (a)(1)(B) and (a)(2);
(4) Use
a geographic origin in labeling or advertising roasted [or] coffee,
instant coffee, or ready-to-drink coffee beverages including in
conjunction with a coffee style or in any other manner, if the green coffee
beans used in that roasted [or] coffee, instant coffee, or
ready-to-drink coffee beverage do not meet the grade standard requirements
of rules adopted under chapter 147;
(5) Misrepresent,
on a label or in advertising of [a] roasted [or] coffee,
instant coffee, or ready-to-drink coffee beverages, the per cent coffee
by weight of any coffee from a geographic origin or regional origin;
(6) Use
the term "All Hawaiian" on a label or in advertising of [a]
roasted [or] coffee, instant coffee, or ready-to-drink coffee
beverages if the roasted [or] coffee, instant coffee, or
ready-to-drink coffee beverage is not produced entirely from green coffee
beans produced in geographic origins defined in this chapter;
(7) Use
a geographic origin on the front label panel of a package of roasted [or]
coffee, instant coffee, or ready-to-drink coffee beverage other
than in the trademark or in the identity statement as authorized in
subsection (a)(1) and (2) unless
[one hundred per cent of] the roasted [or] coffee, instant
coffee [contained in the package is], or ready-to-drink coffee
beverage contains one hundred per cent coffee by weight from that
geographic origin;
(8) Use
more than one trademark on a package of roasted [or] coffee,
instant coffee, or ready-to-drink coffee beverage unless [one hundred
per cent of] the roasted [or] coffee, instant coffee [contained
in the package is], or ready-to-drink coffee beverage contains one
hundred per cent coffee by weight from that geographic origin specified by
the trademark;
(9) Use
a trademark that begins with the name of a geographic origin on a package of
roasted [or] coffee, instant coffee, or ready-to-drink coffee
beverage unless [one hundred per cent of] the roasted [or] coffee,
instant coffee [contained in the package comes], or ready-to-drink
coffee beverage contains one hundred per cent coffee by weight from that
geographic origin or the trademark ends with words that indicate a business
entity; or
(10) Print
the identity statement required by subsection (a) in a smaller font than that
used for a trademark that includes the name of a geographic origin pursuant to
paragraph (7) and in a location other than the front label panel of a package
of roasted [or] coffee, instant coffee[.], or
ready-to-drink coffee beverage.
(d)
Roasters, manufacturers, or other persons who package roasted [or]
coffee, instant coffee, or ready-to-drink coffee beverages
covered by this section shall maintain, for a period of two years, records on
the volume and geographic origin or regional origin of coffees purchased [and],
sold, and used and any other records required by the department for the
purpose of enforcing this section.
Authorized employees of the department shall have access to these
records during normal business hours.
(e)
For the purpose of this section:
"Geographic origin" means the
geographic regions in which Hawaii-grown green coffee beans are produced, as
defined in rules adopted under chapter 147; provided that the term
"Hawaiian" may be substituted for the geographic origin
"Hawaii".
"Per cent coffee by weight" means
the percentage calculated by dividing the weight in pounds of roasted green
coffee beans of one geographic or regional origin used in a production run of
roasted [or] coffee, instant coffee, or ready-to-drink coffee
beverage by the total weight in pounds of the roasted green coffee beans
used in that production run of roasted [or] coffee, instant
coffee, or ready-to-drink coffee beverage, and multiplying the quotient
by one hundred.
"Ready-to-drink coffee
beverage" means a prepackaged beverage that consists of or includes coffee
and that is sold in a prepared form that can be immediately consumed upon
purchase."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 31, 2150.
Report Title:
Coffee; Labeling; Ready-to-Drink Coffee Beverages
Description:
Expands the coffee labeling requirements to include ready-to-drink coffee beverages. (HB143 HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
