Bill Text: HI HB1899 | 2018 | Regular Session | Introduced

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Bill Title: Relating To Health.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced - Dead) 2018-02-06 - The committee(s) on HHS recommend(s) that the measure be deferred. [HB1899 Detail]

Download: Hawaii-2018-HB1899-Introduced.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	1899
TWENTY-NINTH LEGISLATURE, 2018
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO HEALTH.

 

 

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

 

     SECTION 1.  The legislature finds that seafood mislabeling is a major issue worldwide.  Studies by Oceana, a leading ocean conservation foundation, have found that twenty-eight to thirty-three per cent of seafood sold in the United States is mislabeled at the point of retail sale.  Oceana reports that up to eighty-four per cent of fish labeled "white tuna" sold in the United States between 2010 and 2012 were actually escolar, a species that can cause serious digestive issues for some individuals who eat more than a few ounces.

     The legislature finds that the practice of mislabeling seafood permits sale of threatened fish species under the labels of more sustainable alternatives, sale of cheaper fish under the labels of more expensive species, and sale of fish that can cause illness under the label of safer fish.  

     The legislature further finds that over one thousand seven hundred different species of seafood are available for purchase in the United States.  It is unrealistic to expect consumers to individually and precisely determine what they are purchasing without accurate labeling.  Consequentially, mislabeling prevents consumers from making informed purchasing decisions and threatens individual and public health.

     This Act shall be known and may be cited as "Mizutani's Law".

     The purpose of this Act is to permit the director of health to effectively enforce safe seafood consumption by establishing administrative fines for misbranding of fish and authorizing the director to prohibit the sale within the State of fish that pose a credible health concern to consumers.

     SECTION 2.  Chapter 328, Hawaii Revised Statutes, is amended by adding three new sections to be appropriately designated and to read as follows:

     "§328-A  Illness caused by the misbranding of fish or fish products; administrative penalties.  (a)  The director may impose administrative fines upon any person whose misbranding of fish or fish products in violation of section 328-6 results in the illness of a consumer of the product; provided that the illness has been certified by a physician licensed under chapter 453.  Any person who violates this section may be fined no more than:

     (1)  $          for a first violation;

     (2)  $         for a second violation; and

     (3)  $         for a third or subsequent violation.

Any fines collected under this section shall be deposited into the fish misbranding special fund established by section 328-B.

     (b)  The penalties under this section are in addition to any other penalties provided by law.

     §328-B  Fish misbranding special fund.  (a)  There is established the fish misbranding special fund to be administered by the department and into which shall be deposited:

     (1)  Legislative appropriations to the special fund;

     (2)  All moneys received by the department from fines imposed under section 328-A;

     (3)  All interest earned or accrued on moneys deposited in the special fund; and

     (4)  Any other moneys made available to the special fund.

     (b)  Moneys in the special fund shall be expended to cover the costs associated with carrying out the purpose of section 328-A.

     §328-C  Credible health concern; sale prohibited.  (a)  The director may adopt rules in accordance with chapter 91 to prohibit the sale of species of fish or fish products deemed to present a credible health concern.  The sale, delivery for sale, holding for sale, or offering for sale of any fish or fish product prohibited pursuant to this section shall be a violation of section 328-6.

     (b)  Rules adopted by the director shall include rules for:

(1)  Determining whether a species or product presents a credible health concern;

(2)  Identification and inspection of suspected violations;

(3)  Administrative enforcement procedures; and

(4)  Penalties, including fines, for violations."

     SECTION 3.  Section 328-6, Hawaii Revised Statutes, is amended to read as follows:

     "§328-6  Prohibited acts.  The following acts and the causing thereof within the State by any person are prohibited:

     (1)  The manufacture, sale, delivery, holding, or offering for sale of any food, drug, device, or cosmetic that is adulterated or misbranded;

     (2)  The adulteration or misbranding of any food, drug, device, or cosmetic;

     (3)  The receipt in commerce of any food, drug, device, or cosmetic that is adulterated or misbranded, and the delivery or proffered delivery thereof for pay or otherwise;

     (4)  The sale, delivery for sale, holding for sale, or offering for sale of any article in violation of section 328-11, 328-12, [or] 328-17[;], or 328-C;

     (5)  The dissemination of any false advertisement;

     (6)  The refusal to permit entry or inspection, or to permit the taking of a sample, as authorized by sections 328-22 and 328-23 to 328-27, or to permit access to or copying of any record as authorized by section 328-23;

     (7)  The giving of a guaranty or undertaking which guaranty or undertaking is false, except by a person who relied on a guaranty or undertaking to the same effect signed by, and containing the name and address of the person residing in the State from whom the person received in good faith the food, drug, device, or cosmetic;

     (8)  The removal or disposal of a detained or embargoed article in violation of sections 328-25 to 328-27;

     (9)  The alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the labeling of, or the doing of any other act with respect to a food, drug, device, or cosmetic, if the act is done while the article is held for sale and results in the article being adulterated or misbranded;

    (10)  Forging, counterfeiting, simulating, or falsely representing, or without proper authority using any mark, stamp, tag, label, or other identification device authorized or required by rules adopted under this part or regulations adopted under the Federal Act;

    (11)  The use, on the labeling of any drug or in any advertisement relating to the drug, of any representation or suggestion that an application with respect to the drug is effective under section 328-17, or that the drug complies with that section;

    (12)  The use by any person to the person's own advantage, or revealing other than to the department of health or to the courts when relevant in any judicial proceeding under this part, any information acquired under authority of section 328-11, 328-12, 328-17, or 328-23, concerning any method or process which as a trade secret is entitled to protection;

    (13)  In the case of a prescription drug distributed or offered for sale in this State, the failure of the manufacturer, packer, or distributor thereof to maintain for transmittal, or to transmit, to any practitioner who makes written request for information as to the drug, true and correct copies of all printed matter which is required to be included in any package in which that drug is distributed or sold, or such other printed matter as is approved under the Federal Act.  Nothing in this paragraph shall be construed to exempt any person from any labeling requirement imposed by or under other provisions of this part;

     (14) (A)  Placing or causing to be placed upon any drug or device or container thereof, with intent to defraud, the trade name or other identifying mark, or imprint of another or any likeness of any of the foregoing; or

          (B)  Selling, dispensing, disposing of, or causing to be sold, dispensed, or disposed of, or concealing or keeping in possession, control, or custody, with intent to sell, dispense, or dispose of, any drug, device, or any container thereof, with knowledge that the trade name or other identifying mark or imprint of another or any likeness of any of the foregoing has been placed thereon in a manner prohibited by subparagraph (A); or

          (C)  Making, selling, disposing of, or causing to be made, sold, or disposed of, or keeping in possession, control, or custody, or concealing, with intent to defraud, any punch, die, plate, or other thing designed to print, imprint, or reproduce that trade name or other identifying mark or imprint of another or any likeness of any of the foregoing upon any drug, device, or container thereof;

    (15)  Except as provided in part VI and section 461-1, dispensing or causing to be dispensed a different drug or brand of drug in place of the drug or brand of drug ordered or prescribed without express permission in each case of the person ordering or prescribing;

    (16)  The distribution in commerce of a consumer commodity as defined in this part, if such commodity is contained in a package, or if there is affixed to that commodity a label, which does not conform to this part and of rules adopted under authority of this part; provided that this prohibition shall not apply to persons engaged in business as wholesale or retail distributors of consumer commodities except to the extent that such persons:

          (A)  Are engaged in the packaging or labeling of such commodities; or

          (B)  Prescribe or specify by any means the manner in which such commodities are packaged or labeled;

    (17)  The selling or dispensing in restaurants, soda fountains, drive-ins, lunch wagons, or similar public eating establishments of imitation milk and imitation milk products in place of fresh milk and fresh milk products respectively; of liquid or dry products which simulate cream but do not comply with content requirements for cream in place of cream; of non-dairy frozen desserts which do not comply with content requirements for dairy frozen desserts in place of dairy frozen desserts; and of any other imitation food or one made in semblance of a genuine food in place of such genuine food, unless the consumer is notified by either proper labeling or conspicuous posted signs or conspicuous notices on menu cards and advertisements informing of such substitution, to include but not limited to the substitution of imitation milk in milk shake and malted milk drinks;

    (18)  Wilfully and falsely representing or using any devices, substances, methods, or treatment as effective in the diagnosis, cure, mitigation, treatment, or alleviation of cancer.  This paragraph shall not apply to any person who depends exclusively upon prayer for healing in accordance with teachings of a bona fide religious sect, denomination, or organization, nor to a person who practices such teachings;

    (19)  The selling or offering for sale at any food facility which serves or sells over the counter directly to the consumer an unlabeled or unpackaged food that is a confectionery which contains alcohol in excess of one-half of one per cent by weight unless the consumer is notified of that fact by either proper labeling or conspicuous posted signs or conspicuous notices on menu cards and advertisements;

    (20)  The sale to a person below the age of twenty-one years of any food which is a confectionery which contains alcohol in excess of one-half of one per cent by weight."

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 5.  In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

     SECTION 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

Report Title:

Fish Labeling; Fines; Special Fund; Prohibition; Public Health

 

Description:

Establishes penalties for the misbranding of fish or fish products that results in consumer illness.  Creates the Fish Misbranding Special Fund.  Authorizes the Director of Health to prohibit the sale of fish or fish products deemed to be a credible health concern.

 

 

 

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