Bill Text: HI HB1517 | 2022 | Regular Session | Amended
Bill Title: Relating To Coffee.
Spectrum: Partisan Bill (Democrat 20-0)
Status: (Passed) 2022-06-27 - Act 222, on 06/27/2022 (Gov. Msg. No. 1323). [HB1517 Detail]
Download: Hawaii-2022-HB1517-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1517 |
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THIRTY-FIRST LEGISLATURE, 2022 |
H.D. 2 |
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STATE OF HAWAII |
S.D. 2 |
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A BILL FOR AN ACT
RELATING TO COFFEE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
PART I
SECTION 1. The legislature finds that coffee is one of the largest agricultural crops in the State and is a highly valued commodity in Hawaii's economy. In 2020, coffee leaf rust was discovered for the first time in the State on the islands of Maui and Hawaii, and has now been detected on all major islands. Additionally, the coffee berry borer is a coffee pest that threatens coffee crops in Kona and throughout the State. These two pests threaten the viability of the State's entire coffee industry. Efforts to control coffee leaf rust and the coffee berry borer are critical to the coffee industry, and the State must continue to support these efforts.
The legislature also finds that assisting farmers financially in combating these pests encourages farmers to adapt to changing conditions and creates an incentive for farmers to adopt recommended pest management strategies, including application of the appropriate insecticides, fungicides, or other treatments, as determined by the department of agriculture. Research shows that subsidizing the cost of pest treatment is an effective and necessary incentive to encourage farmers to adopt recommended pest management strategies.
The purposes of this part are to support Hawaii's coffee growers by:
(1) Directing the department of agriculture to conduct a study to assess the economic impact on the local coffee industry from potential changes to coffee labeling laws; and
(2) Appropriating moneys for the pesticide subsidy program.
SECTION 2. (a) The department of agriculture shall conduct a study to assess the economic impact on the local coffee industry from potential changes to coffee labeling requirements established in section 486-120.6, Hawaii Revised Statutes.
(b) The department of agriculture
shall consult with stakeholders in the coffee industry to establish the
protocols to be used and factors to be addressed
in the study.
(c) The department of agriculture shall complete the study no later than January 1, 2024, and shall submit a report of its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2024.
SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2022-2023 for the pesticide subsidy program established by Act 105, Session Laws of Hawaii 2014, as amended by section 1 of Act 152, Session Laws of Hawaii 2015, as amended by section 2 of Act 65, Session Laws of Hawaii 2017, as amended by section 2 of Act 32, Session Laws of Hawaii 2018, as amended by section 43 of Act 111, Session Laws of Hawaii 2019, as amended by section 2 of Act 138, Session Laws of Hawaii 2021.
The sum appropriated shall be expended by the department of agriculture for the purposes of this part.
PART II
SECTION 4. The legislature finds that, for over thirty years, Hawaii has been the only region in the world that statutorily regulates the uses of its geographic names, such as "Kona", "Maui", and "Kau", on labels of its specialty agricultural products but requires that only ten per cent of the product originate in the geographic area indicated. The low ten per cent requirement directly damages and degrades the reputation of world-famous Hawaii-grown coffees and inhibits the economic interests of Hawaii coffee farmers. The legislature notes that a 2018 publication entitled "Strengthening sustainable food systems through geographical indications: An analysis of economic impacts" by the Food and Agriculture Organization of the United Nations and the European Bank for Reconstruction and Development concluded, among other things, that Kona coffee "does not enjoy any strong protection of its name" from the State and, as a result, downstream stakeholders, rather than farmers, "reap the economic benefits of the fame of Kona."
The purpose of this part is to support Hawaii's coffee growers by:
(1) Requiring
disclosure on the label of coffee blends of the respective geographic and
regional origins and per cent by weight of the blended coffees;
(2) Making it a violation to use a geographic origin in labeling or advertising for roasted or instant coffee blends that contain less than fifty-one per cent of coffee by weight from that geographic origin; and
(3) Prohibiting use of the term "All Hawaiian" in labeling or advertising for roasted or instant coffee not produced entirely from green coffee beans grown and processed in Hawaii.
SECTION 5. Section 486-120.6, Hawaii Revised Statutes, is amended by amending subsections (b) and (c) 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] In place of separate listings of
regional origins of coffee not grown in Hawaii in the blend, the list may
include the words "Foreign‑Grown Coffee" followed by the per
cent of the coffee by weight in the blend. 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. The type size used
for this list shall not [exceed] be less than 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 instant coffee
contains one hundred per cent coffee 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 instant coffee contains
less than [ten] fifty-one per cent coffee by weight from that
geographic origin;
(3) Use
a geographic origin in labeling or advertising roasted or instant
coffee, including advertising in conjunction with a coffee style or in any
other manner, without disclosing the percentage of coffee 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 instant coffee, including in conjunction with a coffee style
or in any other manner, if the green coffee beans used in that roasted or
instant coffee 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 instant coffee, the per cent coffee
by weight of any coffee from a geographic origin or regional origin[;] as
defined in this chapter;
(6) Use
the term "All Hawaiian" on a label or in advertising of a roasted or
instant coffee if the roasted or instant coffee is not produced entirely from
green coffee beans [produced in geographic origins defined in this chapter;]
grown in Hawaii;
(7) Use a geographic origin on the front label panel of a package of roasted or instant coffee 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 instant coffee contained in the package is from that geographic origin;
(8) Use
more than one trademark on a package of roasted or instant coffee unless one
hundred per cent of the roasted or instant coffee contained in the package is
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 instant coffee unless one hundred per cent of the roasted or instant
coffee contained in the package comes 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 instant coffee."
PART III
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect on July 1, 2050.
Report Title:
Department of Agriculture; Coffee Labeling Economic Impact Study; Pesticide Subsidy Program; Appropriation; Coffee Labeling; Blended Coffee; Percent of Coffee by Weight
Description:
Directs the Department of Agriculture to conduct an economic impact study regarding the impact of potential changes to coffee labeling laws on the local coffee industry. Appropriates moneys for the pesticide subsidy program. Requires coffee blend labels to disclose geographic and regional origins and percent by weight of the blended coffees. Prohibits using geographic origins of coffee in labeling or advertising for roasted or instant coffee that contains less than fifty-one per cent of coffee by weight from that geographic origin. Prohibits use of the term "All Hawaiian" in labeling or advertising for roasted or instant coffee not produced entirely from green coffee beans grown in Hawaii. Effective 7/1/2050. (SD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
