Bill Text: HI HB1250 | 2023 | Regular Session | Amended
Bill Title: Relating To Mamaki Tea.
Spectrum: Strong Partisan Bill (Democrat 18-1)
Status: (Engrossed - Dead) 2023-04-18 - Received notice of Senate conferees (Sen. Com. No. 903). [HB1250 Detail]
Download: Hawaii-2023-HB1250-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1250 |
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THIRTY-SECOND LEGISLATURE, 2023 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO MĀMAKI TEA.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that māmaki is a plant that is endemic to the Hawaiian islands, meaning that the Hawaiian islands are the only place in the world where māmaki grows naturally. Māmaki is found across the entire Hawaiian island chain from Kaua‘i to Hawai‘i island and flourishes at an elevation between four hundred feet to over six thousand feet.
The legislature further finds that māmaki tea is a growing agricultural commodity. To ensure the viability of Hawai‘i-grown māmaki tea, labeling requirements should be implemented.
The purpose of this Act is to protect Hawai‘i-grown māmaki tea by:
(1) Imposing labeling requirements for māmaki tea grown in the State; and
(2) Appropriating funds to the department of agriculture for purposes of administering the māmaki tea labeling requirements.
SECTION 2. Chapter 486, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§486- Mamaki tea; labeling requirements.
(a) If a label on a consumer
package contains language that all of the mamaki tea contained in the package was grown
in Hawaii, the label shall be worded, "100% Hawaii-Grown Mamaki Tea", "Hawaii-Grown Mamaki
Tea", "100%
Hawaiian Mamaki Tea",
or "Hawaiian Mamaki Tea", and shall appear on the principal display panel of the
package.
(b)
If a label on a consumer package contains language that a portion of the
mamaki tea
contained in the package was grown in Hawaii, the label shall be worded
"Hawaii-Grown Mamaki Tea", preceded by the per cent by weight of the mamaki
tea contained in the
package that was grown in Hawaii, and shall appear on the principal display
panel of the package. The per cent by
weight of the mamaki tea
in the package shall be the percentage calculated by dividing the weight in
ounces of the mamaki tea
grown in Hawaii that is in the package by the weight in ounces of all mamaki
tea in the package and
multiplying the quotient by one hundred.
(c)
All nonconsumer packages containing mamaki tea 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 mamaki tea.
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 mamaki tea product that represents or that is branded or labeled that all
or a percentage or portion of the mamaki tea was grown in Hawaii shall make available
to the administrator, upon demand, documented proof that the amount of mamaki
tea represented to be
grown in the State, was grown in the State.
(e)
It shall be a violation of this section:
(1) To
use a label containing the words, "100% Hawaii-Grown Mamaki
Tea",
"Hawaii-Grown Mamaki Tea", "100% Hawaiian Mamaki Tea", or "Hawaiian Mamaki
Tea", or similar
wording, or to otherwise represent that all of the mamaki tea in the package was grown in Hawaii,
if any portion of the mamaki tea 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 Mamaki Tea" preceded by a percentage, if less than the specified
percentage or none of the mamaki tea in the package was grown in the State; or
(3) To
use a label representing that any of the mamaki tea contained in the package was grown
in the State, if none of the mamaki tea 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."
SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 for the purpose of administering the mamaki tea labeling requirements imposed by this Act.
The sums appropriated shall be expended by the department of agriculture for the purposes of this Act.
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 3000.
Report Title:
Mamaki Tea; Labeling Requirements; Department of Agriculture; Appropriation
Description:
Imposes labeling requirements for mamaki tea grown in the State. Appropriates funds to the department of agriculture to administer the mamaki tea labeling requirements. Effective 7/1/3000. (HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
