Bill Text: HI SB1425 | 2020 | Regular Session | Introduced

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Bill Title: Relating To Agriculture.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2019-12-01 - Carried over to 2020 Regular Session. [SB1425 Detail]

Download: Hawaii-2020-SB1425-Introduced.html

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THE SENATE	S.B. NO.	1425
THIRTIETH LEGISLATURE, 2019
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to agriculture.

 

 

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

 

     SECTION 1.  Chapter 141, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§141-    Prohibited practices; required disclosures.  (a)  No person who advertises, offers for sale, or sells all or part of a carcass shall engage in any misleading or deceptive practices, including but not limited to:

     (1)  Disparaging or degrading any product advertised, offered for sale, or sold by the seller; displaying any product or depiction of a product to any buyer in order to induce the purchase of another product or representing that a product is for sale when the representation is used primarily to sell another product; or substituting any product for that ordered by the purchaser without the purchaser's consent; provided that nothing in this paragraph shall be construed to prohibit the enhancement of sales of any product by the use of a gift;

     (2)  Failing to have available a sufficient quantity of the product represented as being for sale to meet reasonable anticipated demands, unless the available amount is disclosed fully and conspicuously;

     (3)  Using any price list or advertisement subject to change without notice unless so stated, and which contains prices other than the seller's current billing prices, unless changes are subject to a consumer's advance acceptance or rejection at or before the time of order or discovery;

     (4)  Misrepresenting the amount of money that the buyer will save on purchases of any products which are not of the same grade or quality;

     (5)  Failing to disclose fully and conspicuously in any printed advertisement and invoice in at least ten-point type any charge for cutting, wrapping, freezing, delivery, annual interest rate or financing, and other services;

     (6)  Representing the price of any product to be offered for sale in units larger than one pound in terms other than price per single pound; provided that nothing in this paragraph shall be construed to prevent the price of such units from also being represented by individual serving, fluid measure, or other meaningful description;

     (7)  Misrepresenting the cut, grade, brand or trade name, or weight or measure of any product, or misrepresenting a product as meat that is not derived from harvested production livestock or poultry;

     (8)  Misrepresenting that a product has been graded or inspected by the United States Department of Agriculture;

     (9)  Referring to a quality grade other than the United States Department of Agriculture quality grade, unless the grade name is preceded by the seller's name in type at least as large and conspicuous as the grade name;

    (10)  Misrepresenting a product through the use of any term similar to a government grade;

    (11)  Failing to disclose in uniform ten-point type:

          (A)  A definition of the United States Department of Agriculture quality grade, when advertised, in the following terms:

               (i)  Prime;

              (ii)  Choice;

             (iii)  Good;

              (iv)  Standard;

               (v)  Utility;

              (vi)  Commercial;

             (vii)  Canner; and

            (viii)  Cutter; and

          (B)  The following United States Department of Agriculture yield grade within each quality grade, when advertised, pursuant to subparagraph (A):

               (i)  Yield grade one – extra lean;

              (ii)  Yield grade two – lean;

             (iii)  Yield grade three – average waste;

              (iv)  Yield grade four – wasty; and

               (v)  Yield grade five – exceptionally wasty;

    (12)  Advertising or offering for sale carcasses, sides, or primal cut parts as such while including disproportionate numbers or amounts of less expensive components of those cuts, or offering these cuts in tandem with less expensive components from other carcasses, sides, or primal cut parts;

    (13)  Failing to disclose fully and conspicuously the correct government grade for any product if the product is represented as having been graded;

    (14)  Failing to disclose fully and conspicuously that the yield of consumable meat from any carcass or part of a carcass will be less than the weight of the carcass or part of the carcass; provided that for purposes of this paragraph, the seller shall, for each carcass or part of carcass advertised, use separately and distinctly in any printed matter, in at least ten-point type, the following disclosure:  "Sold gross weight subject to trim loss.";

    (15)  Misrepresenting the amount or proportion of retail cuts that a carcass or part of carcass will yield;

    (16)  Failing to disclose fully and conspicuously whether a quarter of a carcass is the frontquarter or hindquarter;

    (17)  Representing any part of a carcass as a half or a side unless it consists exclusively of a frontquarter or hindquarter; provided that for purposes of this paragraph, sides or halves shall consist of only anatomically natural proportions of cuts from frontquarters or hindquarters;

    (18)  Representing primal cuts in a manner other than described in this section;

    (19)  Using the terms "bundle", "sample order", or terms of similar import to describe a quantity of meat unless the seller itemizes each type of cut and the weight of each type of cut which the buyer will receive; or

    (20)  Advertising or offering a free, bonus, or extra product or service combined with or conditioned on the purchase of any other product or service unless the additional product or service is accurately described, including, whenever applicable, the grade, net weight or measure, type, and brand or trade name.  The terms "free", "bonus", or terms of similar import shall not be used in any advertisement unless the advertisement clearly and conspicuously sets forth the total price or amount which must be purchased to entitle the buyer to the additional product or service.

     (b)  For purposes of this section, "primal cuts" includes the following cuts of beef:

     (1)  Side of beef, meaning one-half of a split beef, comprising the frontquarter and hindquarter;

     (2)  Frontquarter of beef, meaning the forward portion of a side, back to and including the twelfth rib;

     (3)  Back of beef, meaning chuck and rib with plate and brisket removed;

     (4)  Arm chuck of beef, meaning arm chuck with brisket removed, back to and including the fifth rib;

     (5)  Rib of beef, meaning from the sixth to the twelfth rib, inclusive, not to exceed ten inches from the tip of chine bone to the top of rib without plate;

     (6)  Hindquarter of beef, meaning the rear section of a side from and including the thirteenth rib, consisting of round, loin and flank;

     (7)  Trimmed loin of beef, meaning the short loin and hip (sirloin), and that section of hindquarter including the thirteenth rib and separated one inch to two inches below aitchbone, without flank or kidney;

     (8)  Full loin of beef, meaning loin of beef, including flank and kidney; and

     (9)  Round of beef, meaning that portion of hindquarter separated from loin one inch to two inches below aitchbone back to the shin bone."

     SECTION 2.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Carcass; Advertising; Marketing; Labeling; Quality and Yield Grading; Meat; Food

 

Description:

Requires a seller to include certain disclosures when advertising or marketing for sale carcasses, sides, or primal cuts of meat for consumption.  Prohibits certain labeling, marketing practices, and misrepresentations of products or grades.

 

 

 

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