Bill Text: HI SB1040 | 2016 | Regular Session | Amended
Bill Title: Department of Agriculture; Labeling; Farmers' Markets; Fresh Produce; Hawaii Produce; Imported Produce; Geographical Origin
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Engrossed - Dead) 2015-12-17 - Carried over to 2016 Regular Session. [SB1040 Detail]
Download: Hawaii-2016-SB1040-Amended.html
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THE SENATE |
S.B. NO. |
1040 |
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TWENTY-EIGHTH LEGISLATURE, 2015 |
S.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO FARMERS' MARKETS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Farmers' markets play an important role in Hawaii's communities by establishing and maintaining connections between consumers and local farms. Moreover, the consumption of locally-produced agricultural products, when practicable, contributes significantly towards the goal set forth by the Hawaii 2050 Sustainability Plan to "increase production and consumption of local foods and products, particularly agricultural products".
There have been instances, however, where outdoor markets purporting to be local farmers' markets sell imported agricultural products or agricultural products bought from wholesalers. Further, vendors are not required to disclose a product's geographic source of origin, thereby potentially misleading unassuming consumers.
The purpose of this Act is to ensure that consumers interested in purchasing Hawaii produce are aware of their options at farmers' markets by requiring:
(1) Hawaii fresh produce or items made with Hawaii grown produce to be displayed with a label or sign containing an identity statement declaring the Hawaii produce's county of geographic origin; and
(2) Non-Hawaii produce to be displayed with a label or sign containing an identity statement declaring the non-Hawaii produce "imported".
SECTION 2. Chapter 486, Hawaii Revised Statutes, is amended by adding a new section to part V to be appropriately designated and to read as follows:
"§486- Farmers' markets; Hawaii produce; imported produce. (a) All Hawaii fresh produce or items made with Hawaii grown produce sold in a farmers' market shall be displayed with a label or sign that contains an identity statement declaring the Hawaii fresh produce's geographic origin. All non-Hawaii produce and items made with non-Hawaii produce shall be displayed with a label or sign that contains an identity statement declaring the non-Hawaii produce as "imported". Each word or character in the identity statement shall be of the same type size and shall be contiguous. The identity statement shall be reasonably sized and conspicuously displayed near the produce or item being sold.
(b) It shall be a violation of this chapter to:
(1) Misrepresent on a label, on a sign, in an identity statement, or in advertising of fresh produce or items made with Hawaii grown produce in a farmers' market the geographic origin of the fresh produce; or
(2) Display, advertise, or sell fresh produce at a farmers' market without a conspicuously displayed label or sign containing an identity statement pursuant to this section.
(c) Sellers shall maintain, for a period of at least two years, records on the volume and geographic origin of fresh produce sold and any other records required by the department for the purpose of enforcing this section. Authorized employees of the department shall have access to the records during normal business hours.
(d) For purposes of this section:
"Farmers' market" means a market where farmers sell their products directly to consumers and includes any market that represents or advertises itself as a farmers' market.
"Geographic origin" means the county or counties of Hawaii in which the Hawaii produce was grown."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2050.
Report Title:
Department of Agriculture; Labeling; Farmers' Markets; Fresh Produce; Hawaii Produce; Imported Produce; Geographical Origin
Description:
Requires Hawaii fresh produce or items made with Hawaii grown produce sold at farmers' markets to be displayed with a label or sign containing an identity statement declaring the Hawaii produce's county of geographic origin. Requires non-Hawaii produce sold at farmers' markets to be displayed with a label or sign containing an identity statement declaring the produce "imported". Effective 07/01/2050. (SD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
