Bill Text: HI SB3303 | 2024 | Regular Session | Amended
Bill Title: Relating To Labeling Of Macadamia Nuts.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2024-03-07 - Referred to AGR, CPC, JHA, referral sheet 16 [SB3303 Detail]
Download: Hawaii-2024-SB3303-Amended.html
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THE SENATE |
S.B. NO. |
3303 |
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THIRTY-SECOND LEGISLATURE, 2024 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO LABELING OF MACADAMIA NUTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 486-120.5, Hawaii Revised Statutes, is amended to read as follows:
"§486-120.5 Macadamia nuts; labeling requirements. (a) If
a label on a consumer package contains language that all of the raw or
processed macadamia nuts contained in the package were grown in Hawaii, the
label shall be worded, "100% Hawaii-Grown Macadamia Nuts",
"Hawaii-Grown Macadamia Nuts", "100% Hawaiian Macadamia
Nuts", or "Hawaiian Macadamia Nuts", and shall appear on the
principal display panel of the package.
(b) If a label on a consumer package [contains]:
(1) Contains language that a portion
of the raw or processed macadamia nuts contained in the package was grown in
Hawaii[,]; or
(2) By any other means, including but
not limited to a company name or the use of images of the State, represents the
origin of the raw or processed macadamia nuts as being from any place within
the State,
the label shall be worded
"Hawaii-Grown Macadamia Nuts", preceded by the per cent by weight of
the macadamia nuts contained in the package that were grown in Hawaii, and
shall appear on the principal display panel of the package. The per cent by weight of the macadamia nuts
in the package shall be the percentage calculated by dividing the weight in
pounds of the macadamia nuts grown in Hawaii that are in the package by the
weight in pounds of all macadamia nuts in the package and multiplying the
quotient by one hundred. A listing of
the countries of origin of the portion of the raw or processed macadamia nuts
not grown in Hawaii that are included in the package shall also be shown on the
label.
(c) All nonconsumer packages containing macadamia
nuts grown in the State and introduced into intrastate or interstate commerce
shall bear on the package a label containing language that the package contains
Hawaii-grown macadamia nuts. This label
shall be in addition to all other labeling requirements specified in this
chapter.
(d) Any person keeping, offering, displaying,
exposing for sale, or soliciting for sale, any raw or processed macadamia nut
product, which represents or which is branded or labeled that all or a
percentage or portion of the macadamia nuts were grown in Hawaii, shall make
available to the administrator, upon demand, documented proof that the amount
of macadamia nuts represented to be grown in the State, was grown in the State.
(e) It shall be a violation of this part:
(1) To use a label containing the words,
"100% Hawaii-Grown Macadamia Nuts", "Hawaii-Grown Macadamia
Nuts", "100% Hawaiian Macadamia Nuts", or "Hawaiian
Macadamia Nuts", or similar wording, or to otherwise represent that all of
the macadamia nuts in the package were grown in Hawaii, if any portion of the
macadamia nuts contained in the package was not grown in the State;
(2) To use a label, as provided for under
subsection (b), containing the words "Hawaii-Grown Macadamia Nuts"
preceded by a percentage, if less than the specified percentage or none of the
macadamia nuts in the package was grown in the State; [or]
(3) To use a label, as provided for
under subsection (b), containing the words "Hawaii-Grown Macadamia
Nuts" that misrepresents the origin of the macadamia nuts in the package
as being grown in the State, including but not limited to the use of a company
name or the use of images of the State, if less than the specified percentage
or none of the macadamia nuts in the package were grown in the State; or
[(3)] (4)
To use a label representing that any of the macadamia nuts contained in
the package was grown in the State, if none of the macadamia nuts contained in
the package was grown in the State.
(f) Any person who violates this section shall be
subject to penalties under section 486-32.
(g) Any person injured by a violation of this section may bring a civil action in court for damages."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
Report Title:
Macadamia Nuts; Labeling Requirements; Country of Origin; Private Right of Action
Description:
Clarifies labeling requirements for macadamia nuts. Requires country of origin to be included on the label of a consumer package of raw or processed macadamia nuts. Allows a private right of action for violations. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
