Bill Text: HI HB999 | 2011 | Regular Session | Introduced

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Bill Title: Aspartame; School Ban

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-01-26 - (H) Referred to EDN, HLT, FIN, referral sheet 2 [HB999 Detail]

Download: Hawaii-2011-HB999-Introduced.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	999
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to aspartame.

 

 

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

 

     SECTION 1.  Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§302A-    Food safety review panel; aspartame.  (a)  The department shall establish a food safety review panel to examine and verify the content of all foods and beverages sold or transferred to any public school, including charter schools, to ensure that any food or beverage intended for consumption by students does not contain aspartame.  Based upon its review, the panel shall submit a report of its findings and recommendations to the department.  

     (b)  The department shall appoint members of the food safety review panel, who may include:

     (1)  Any expert on aspartame with no vested interest in any business associated with the manufacture or use of aspartame, including any food additive expert, scientist, or researcher;

     (2)  Any medical physician or naturopath;

     (3)  Any trained dietician with expertise in aspartame;

     (4)  Members from the news media;

     (5)  Parents or guardians of any student who attends a public school; and

     (6)  Any other members as determined by the department.

     (c)  Members of the food safety review panel shall serve without compensation and shall not be reimbursed for costs; provided that state employees serving within the scope of their  employment shall receive compensation and reimbursement as provided by law or by collective bargaining."

     SECTION 2.  Chapter 302B, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§302B-    School meals; vending machines; aspartame.  No:

     (1)  School meal served at any charter school; or

     (2)  Vending machine operating on the premises of any charter school as a concession,

shall include or offer any food or beverage containing aspartame."

     SECTION 3.  Section 302A-101, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

     ""Aspartame" means the artificial sweetener with the scientific name 1-aspartyl 1-phenylalanine methyl ester."

     SECTION 4.  Section 302A-404, Hawaii Revised Statutes, is amended to read as follows:

     "§302A-404  School meals.  School meals shall be made available under the school meals program in every school where the students are required to eat meals at school.  No school meal shall include any food or beverage containing any aspartame."

     SECTION 5.  Section 302A-412, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Each secondary public school, upon the approval of the principal and the complex area superintendent, may allow on the premises vending machines operated as a concession; provided that the concession [shall]:

     (1)  Shall be operated only by a blind or visually handicapped person, as defined in sections 235-1, 347-1, and 347-2[.]; and

     (2)  Shall not offer any food or beverage containing aspartame.

The location and operation of the vending machines and the items dispensed shall be approved by the department."

     SECTION 6.  Section 302B-1, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

     ""Aspartame" means the artificial sweetener with the scientific name 1-aspartyl 1-phenylalanine methyl ester."

     SECTION 7.  Section 328-1, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

     ""Aspartame" means the artificial sweetener with the scientific name 1-aspartyl 1-phenylalanine methyl ester."

     SECTION 8.  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;

     (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] the 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] the persons:

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

         (B)  Prescribe or specify by any means the manner in which [such] the 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] the 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] the 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] that is a confectionery which contains alcohol in excess of one-half of one per cent by weight[.]; and

    (21)  The selling or dispensing to or at any public school as defined in section 302A-101, or any private school, of any food or beverage containing aspartame."

     SECTION 9.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 10.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 11.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Aspartame; School Ban

 

Description:

Bans aspartame products from all DOE school meals and vending machines.  Prohibits the sale or transfer of aspartame products to or at any school.  Establishes a DOE panel to screen foods and beverages at schools for aspartame.

 

 

 

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