THE SENATE

S.B. NO.

3303

THIRTY-SECOND LEGISLATURE, 2024

S.D. 2

STATE OF HAWAII

 

 

 

 

 

 

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 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.

     (h)  If this section or any provision of this section conflicts at any time with federal law, then the federal law shall prevail and this section or the relevant provisions of this section shall become ineffective and invalid.  The ineffectiveness or invalidity of this section or any of its provisions shall not affect any other provisions or applications of this chapter which shall be given effect without the invalid provision or application, and to this end, the provisions of this section are severable."

     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 processed macadamia nuts.  Allows a private right of action for violations.  (SD2)

 

 

 

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