Bill Text: HI HB2227 | 2022 | Regular Session | Amended
Bill Title: Relating To The "made In Hawaii" Program.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Introduced - Dead) 2022-02-16 - The committee(s) on CPC recommend(s) that the measure be deferred. [HB2227 Detail]
Download: Hawaii-2022-HB2227-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2227 |
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THIRTY-FIRST LEGISLATURE, 2022 |
H.D. 1 |
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STATE OF HAWAII |
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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
made
in hawaii PRODUCTS
§ -1 Made in Hawaii 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) Notwithstanding subsection (b), 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.
Report Title:
Hawaii-made Products; Hawaii-processed Products; Enforcement; DCCA; DBEDT; "Hawaii Made" Program; 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 the "Made in Hawaii" program. Appropriates funds. (HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
