§708-871.5  False labeling of Hawaii-grown coffee.  (1)  A person commits the offense of false labeling of Hawaii-grown coffee if the person knowingly transports, distributes, advertises, sells, or possesses with the intent to sell Hawaii-grown green coffee, cherry coffee, parchment coffee, or roasted coffee that is falsely labeled with regard to the geographic origin of the Hawaii-grown coffee.

     (2)  For the purposes of this section:

     "Cherry coffee" means the unprocessed fruit of the coffee plant.

     "Geographic origin" means the geographic areas designated as follows:

     (a)  Hamakua is the Hamakua district on the island of Hawaii, as designated by the State of Hawaii tax map;

     (b)  Hawaii is the State of Hawaii;

     (c)  Kau is the Kau district on the island of Hawaii, as designated by the State of Hawaii tax map;

     (d)  Kauai is the island of Kauai;

     (e)  Kona is the north Kona and south Kona districts on the island of Hawaii, as designated by the State of Hawaii tax map;

     (f)  Maui is the island of Maui;

     (g)  Molokai is the island of Molokai; and

     (h)  Oahu is the island of Oahu.

     "Green coffee" means the agricultural commodity comprised of green coffee beans.

     "Parchment coffee" means the dried product that remains when coffee cherries are processed by removing the coffee seeds from the pulp.

     "Roasted coffee" means a product that results from heating the cherry coffee seeds to augment aroma and flavor.

     (3)  False labeling of Hawaii-grown coffee is a class C felony.  In addition to any penalties imposed pursuant to section 706-605, the court shall impose on any defendant convicted of false labeling of Hawaii-grown coffee a mandatory minimum fine of $7,500 for each separate offense.  Each act of false labeling of Hawaii-grown coffee shall constitute a distinct and separate offense.  The mandatory minimum fine imposed shall not be suspended or waived. [L 2012, c 328, §1; am L 2025, c 126, §2]

COMMENTARY ON §708-871.5

  Act 328, Session Laws 2012, added this section, making the offense of false labeling of Hawaii-grown coffee with regard to the geographic origin of the coffee a class C felony.  Act 328 provided stronger criminal penalties to help deter the distribution of Hawaii-grown coffee that was falsely labeled as to geographic origin.  Senate Standing Committee Report No. 3239, Conference Committee Report No. 114-12.

  Act 126, Session Laws 2025, amended this section to expand the offense of false labeling of Hawaii-grown coffee to include roasted coffee.  The legislature found that Hawaii-grown coffee is one of the State's most valuable and well-known agricultural products, contributing significantly to the economy through direct sales, employment, land preservation, and tourism.  However, the industry faced an ongoing threat from coffee counterfeiting, where cheaper, lower-quality coffee is falsely labeled as originating from Hawaii.  To protect this lucrative industry, the legislature enacted Act 211, Session Laws 2023, which required all coffee products carrying a Hawaii geographical reference to disclose the location where the coffee was grown and indicate the percentage by weight of locally grown coffee and coffee grown elsewhere.  However, existing law was focused on green, or unroasted, coffee, creating a loophole that allowed mislabeling of roasted coffee containing little or no genuine Hawaii-grown beans despite most fraud, mislabeling, and misrepresentations of coffee occurring almost exclusively in roasted coffee products.  Accordingly, Act 126 addressed this loophole and strengthened consumer protections by ensuring that roasted coffee labeled as Hawaii-grown truly originates from Hawaii farms.  House Standing Committee Report No. 895, House Standing Committee Report No. 190, Senate Standing Committee Report No. 1324.