Bill Text: HI SB1378 | 2012 | Regular Session | Introduced
Bill Title: Honey; Labeling; Origin
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-12-01 - Carried over to 2012 Regular Session. [SB1378 Detail]
Download: Hawaii-2012-SB1378-Introduced.html
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THE SENATE |
S.B. NO. |
1378 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to honey.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that producers of very high quality honey in Hawaii have been losing significant market share to preternaturally cheap, adulterated, imported, sweeteners mislabeled as "honey" and as products of the United States of America. Labeling and selling those products as honey is misleading and deceptive.
The legislature also finds that ultrafiltered honey is imported into the United States in huge containers, repackaged by United States based companies, some of which are foreign owned, and labeled using formats and verbiage that mislead the consumer into believing that the products are pure honey produced in the United States. While misleading labeling practice is a consumer protection issue, it is also an issue of fairness to Hawaii honey producers. Local beekeepers are willing to compete with other honey producers on the merits of their product but cannot do so when other producers sell cheap, reconstituted, adulterated, or contaminated honey or use it to dilute domestic honey. Given the spot price of honey and the cost to process, blend, bottle, label, box, consolidate, ship, broker, distribute, promote, and market honey, producers cannot afford to price their product for retail sale below wholesale price unless they sell an adulterated product or use it to dilute their own.
The purpose of this Act is to prevent mislabeled, and potentially unwholesome, honey products from being sold in Hawaii.
SECTION 2. Chapter 148, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:
"PART . COUNTRY OF ORIGIN LABELING -
HONEY OR BEE POLLEN
§148-A Definitions. As used in this part:
"Label" means a display of written, printed, or graphic matter on the immediate container of honey or bee pollen, where the immediate container does not include package liners.
"Labeling" means labels and other written, printed, or graphic matter:
(1) On an article or its containers or wrappers; or
(2) Accompanying the article.
"Package" means a container or wrapping in which honey or bee pollen is enclosed for use in the delivery or display to retail purchasers. The term does not include:
(1) Shipping containers or wrappings used solely for the transportation of honey or bee pollen in bulk or in quantity to manufacturers, packers, or processors or to wholesale or retail distributors; or
(2) Shipping containers or outer wrappings used by retailers to ship or deliver honey or bee pollen to retail customers if the containers and wrappings bear no printed matter pertaining to the honey or bee pollen.
"Person" includes an individual, partnership, corporation, and association.
"Placard" means a nonpermanent sign used to display or describe food items for sale in a food service establishment or retail establishment.
§148-B Labeling of honey. (a) All producers and shippers of honey or bee pollen in the State shall label each individual package of honey or bee pollen in a conspicuous place as legibly, indelibly, and permanently as the nature of the package will permit, in a manner that indicates to an ultimate purchaser that the product was produced in Hawaii.
(b) After December 31, 2011, any package of honey or bee pollen, including any package containing foreign honey blended with domestic honey, produced in any country other than the United States and offered for retail sale in Hawaii shall be marked individually in a conspicuous place as legibly, indelibly, and permanently as the nature of the package of honey or bee pollen will permit to indicate to an ultimate purchaser the country of origin. Markings shall be made prior to delivery into Hawaii.
(c) After December 31, 2011, if any product subject to subsection (b) is unlabeled and the retail vendor is unable to determine its country of origin, the product shall be removed from sale.
(d) All retail vendors engaged in the business of selling honey that is labeled or identified as to country of origin are prohibited from wilfully or knowingly removing the label or identifying mark.
§148-C Penalties. (a) After December 31, 2011, a person engaged in the business of retail vending of honey or bee pollen who intentionally or knowingly offers honey or bee pollen for sale without ensuring that the products are clearly labeled as to the country of origin, as required by this part, shall be subject to the following penalty:
(1) For a first offense, a vendor shall be fined an amount not to exceed $500;
(2) For a second offense, a vendor shall be fined an amount not to exceed $1,000; and
(3) For a third or subsequent offense, a vendor shall be fined an amount not to exceed $2,500.
(b) After December 31, 2011, a person engaged in the business of retail vending of honey or bee pollen who knowingly removes any labels or identifying marks from honey or bee pollen as to the country of origin shall be subject to a civil penalty of not less than $1,000 nor more than $2,500 for each separate offense. Each label or identifying mark removed shall constitute a separate offense.
(c) As used in this section, "intentionally" and "knowingly" have the same meaning as in section 702-206.
§148-D Rules. The department of agriculture may adopt rules pursuant to chapter 91 necessary for purposes of this part."
SECTION 3. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Honey; Labeling; Origin
Description:
Requires grocers to list the country of origin of all honey sold. Establishes penalties.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
