SB1988 HD2

SECTION 1. The legislature finds that producers of high quality honey in Hawaii have been losing market share to products labeled as "Honey", which fail to disclose their country of origin or contain blends of sweeteners that should be labeled as "processed honey".

The legislature also finds that large amounts of processed honey are imported into the United States, repackaged by United States-based companies, and labeled using formats and verbiage that mislead the consumer into believing that the products are pure honey produced in the United States. While this is a consumer protection issue, it is also one of fairness to Hawaii honey producers and the United States honey industry.

The purpose of this Act is to ensure that honey products:

(1) Are accurately advertised or labeled as produced in Hawaii; and

(2) If advertised or labeled as produced in Hawaii, meet grade standard requirements of the U.S. Department of Agriculture and rules established by the state department of agriculture.

SECTION 2. Chapter 486, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§486- Hawaii-produced honey; labeling requirements.

(a) In addition to all other labeling requirements, the identity statement used for labeling or advertising honey products produced in whole or in part from Hawaii-produced honey shall meet the following requirements:

(1) For honey that contains one hundred per cent Hawaii-produced honey by weight, the identity statement may consist of the phrase "Hawaiian honey";

(2) For honey consisting entirely of two or more Hawaii-produced honeys, the identity statement may consist of the per cent honey by weight of the Hawaii-produced honeys used in the blend, and the phrase "blend of Hawaiian honeys";

(3) For honey consisting of a blend of one or more Hawaii-produced honeys and honey not produced in Hawaii, the identity statement shall consist of the per cent honey by weight of the Hawaii-produced honeys used in the blend and the per cent honey by weight of the honey not produced in Hawaii and the phrase "honey blend"; and

(4) Each word or character in the identity statement shall be of the same type size and shall be contiguous. The smallest letter or character of the identity statement on packages of sixteen ounces or less net weight shall be at least one and one-half times the type size required under federal law for the statement of net weight, or three-sixteenths of an inch in height, whichever is smaller. The smallest letter or character of the identity statement on packages of greater than sixteen ounces net weight shall be at least one and one-half times the type size required under federal law for the statement of net weight. The identity statement shall be conspicuously displayed without any intervening material in a position above the statement of net weight. Upper and lower case letters may be used interchangeably in the identity statement.

(b) A listing of the geographic origins of a blend consisting of one hundred percent Hawaii-produced honey may show the various Hawaii-produced honeys on the label. If used, this list shall consist of the term "contains:", followed by, in descending order of per cent by weight and separated by commas, the respective geographic origin of the various honeys in the blend that the manufacturer chooses to list. Each geographic origin shall be preceded by the per cent honey by weight represented by that geographic origin expressed as a number followed by the per cent sign. The type size used for this list shall not exceed half that of the identity statement. This list shall appear below the identity statement, if included on the front panel of the label.

(c) A listing of the geographic origins of honeys not produced in Hawaii that are included in a blend shall be shown on the label. This list shall consist of the term "contains:", followed by, in descending order of per cent by weight and separated by commas, the respective geographic origin of various honeys in the blend. Each geographic origin shall be preceded by the per cent of honey by weight represented by that geographic origin, expressed as a number followed by the per cent sign. The type size used for this list shall not exceed half that of the identity statement. This list shall appear below the identity statement.

(d) It shall be a violation of this section:

(1) To use the identity statement specified in paragraphs (a)(1) and (2) or similar terms in labeling or advertising unless the package of honey contains one hundred per cent honey produced in the state;

(2) To use the geographic origin "Hawaii" or any geographic origin located in the state in labeling or advertising, including in conjunction with a variety of honey or in any other manner, if the honey contains less than fifty-one per cent honey by weight produced in the state;

(3) To use a geographic origin in labeling or advertising honey, including in conjunction with a variety of honey or in any other manner, if the honey used in that product does not meet the grade standard requirements of rules adopted under chapter 147; and

(4) To misrepresent the geographic origin, on a label or in advertisements, of honey that has been imported into the United States in bulk and repackaged.

(e) Apiculturists, manufacturers, or other persons who package honey covered by this section shall:

(1) Maintain, for a period of two years, records on the volume and geographic origin of honeys produced and sold and any other records required by the department for the purpose of enforcing this section; and

(2) Provide authorized employees of the department with access to these records during normal business hours.

(f) The department shall adopt rules pursuant to chapter 91 to establish and enforce a program certifying compliance with this section and ensuring that honey sold in this state is not misbranded as defined in sections 486-1 and 486-118.

(g) For the purposes of this section:

"Geographic origin" means that country, state, region, county, city, town, village, or place where the raw honey is collected, packaged, or otherwise produced.

"Per cent honey by weight" means the percentage calculated by dividing the weight in pounds of honey of one geographic origin used in a production run of blended honey, by the total weight in pounds of the honey used in that production run of honey, and multiplying the quotient by one hundred.

"Variety of honey" means the significant variety of floral source or the classification of flavor of the honey.

SECTION 3. Chapter 147, Hawaii Revised Statutes, is amended as follows:

1. By amending the title of part I to read:

"PART I. FRESH FRUITS AND VEGETABLES, NUTS, HONEY, AND COFFEE" 2. By amending the title of part II to read:

"PART II. EXPORTS: FRUITS, VEGETABLES,

NUTS, [~~AND~~] COFFEE, AND HONEY"

SECTION 4. Section 147-1, Hawaii Revised Statutes, is amended by amending the definition of "agricultural commodity" to read as follows:

""Agricultural commodity" means fresh fruits and fresh vegetables of every kind and character, whether or not frozen or packed in ice, whether produced in the State or imported, nuts, and coffee, whether cherry, or parchment, or green beans which have been produced in the State[;], and raw unprocessed honey, whether produced in the State or imported."

SECTION 5. Section 147-21, Hawaii Revised Statutes, is amended by amending the definition of "agricultural commodity" to read as follows:

""Agricultural commodity" means fruits, vegetable, nuts, [~~and~~] coffee[;], and raw unprocessed honey."

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect on July 1, 2007.

THE SENATE	S.B. NO.	1988
TWENTY-FOURTH LEGISLATURE, 2007		S.D. 1
STATE OF HAWAII		H.D. 2