REPORT TITLE:
SPRB; Chocolate Labelling


DESCRIPTION:
Authorizes the issuance of $10,000,000 in special purpose revenue
bonds to assist Hawaii Gold Cacao Tree to finance the
establishment of facilities in the county of Hawaii to process
cacao beans and to manufacture and produce cacao and chocolate
products.  Establishes labeling and advertising requirements for
Hawaii chocolate.  (HB2241 HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2241
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO AGRICULTURE.
 


BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1                              PART I
 
 2      SECTION 1.  The legislature finds that the cessation of
 
 3 sugar operations in Hawaii has resulted in the loss of jobs and
 
 4 revenues to the State, the counties, and to the citizens of
 
 5 Hawaii.  The land formerly devoted to the growing of sugar cane
 
 6 is now available for commercial growing of a diverse number of
 
 7 crops, including cacao seedlings, cacao trees, and their cacao
 
 8 bean crop.  The establishment of new facilities in the State to
 
 9 process cacao beans and produce cacao and chocolate products
 
10 would support the development of cacao nursery and farming
 
11 operations and the marketing and sales of cacao and chocolate
 
12 locally and for export.  Such facilities would create an
 
13 estimated one hundred new jobs directly in the processing and
 
14 production operations, as well as additional new jobs in related
 
15 nursery, farming, marketing, and sales operations.  Due to the
 
16 economic conditions in the State, and the loss of many
 
17 agricultural jobs, the creation of new jobs is imperative at this
 
18 time.
 

 
Page 2                                                     2241
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      The legislature also finds that it is particularly in the
 
 2 public interest to encourage and promote the development of new
 
 3 agriculture-related enterprises where and when that opportunity
 
 4 presents itself.  The establishment of new facilities that can
 
 5 process cacao beans and produce cacao and chocolate products for
 
 6 use locally and for export is the type of enterprise that will
 
 7 provide such an opportunity for our State.  The cacao processing
 
 8 and cacao and chocolate production facilities proposed by Hawaii
 
 9 Gold Cacao Tree, Inc., in the county of Hawaii is an excellent
 
10 example of the type of enterprise that the legislature finds to
 
11 be in the public interest.
 
12      The legislature finds and declares that the issuance of
 
13 special purpose revenue bonds under this Act is in the public
 
14 interest and for the public's general welfare.
 
15      The purpose of this part is to authorize and appropriate
 
16 funds to finance the establishment of facilities in the county of
 
17 Hawaii to process cacao beans to manufacture and produce cacao
 
18 and chocolate products.
 
19      SECTION 2.  Pursuant to part IV, chapter 39A, Hawaii Revised
 
20 Statutes, the department of budget and finance, with the approval
 
21 of the governor, is authorized to issue special purpose revenue
 
22 bonds in a total amount not to exceed $10,000,000, in one or more
 
23 series, for the purpose of assisting Hawaii Gold Cacao Tree,
 

 
Page 3                                                     2241
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 Inc., to finance the establishment of facilities in the county of
 
 2 Hawaii to process cacao beans and to manufacture and produce
 
 3 cacao and chocolate products.  The legislature finds and
 
 4 determines that the planning, construction, and equipping of
 
 5 facilities to process cacao beans and to manufacture and produce
 
 6 cacao and chocolate products constitutes a project as defined in
 
 7 part IV, chapter 39A, Hawaii Revised Statutes, and the financing
 
 8 thereof is assistance to a processing enterprise.
 
 9      SECTION 3.  The special purpose revenue bonds issued under
 
10 this Act shall be issued pursuant to part IV, chapter 39A, Hawaii
 
11 Revised Statutes, relating to the power to issue special purpose
 
12 revenue bonds to assist processing enterprises.
 
13      SECTION 4.  The department of budget and finance is further
 
14 authorized to issue from time to time refunding special purpose
 
15 revenue bonds authorized in such principal amounts as the
 
16 department shall determine to be necessary to refund the special
 
17 purpose revenue bonds authorized in section 2.
 
18      SECTION 5.  The authorization to issue special purpose
 
19 revenue bonds under this Act shall lapse on June 30, 2003.
 
20                              PART II
 
21      SECTION 6.  The purpose of this part is to establish
 
22 labeling and advertising requirements for Hawaii chocolate.
 

 
 
 
Page 4                                                     2241
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      SECTION 7.  Chapter 486, Hawaii Revised Statutes, is amended
 
 2 by adding a new section to be appropriately designated and to
 
 3 read as follows:
 
 4      "§486-    Chocolate; labeling and advertising requirements.
 
 5 (a)  To use the wording "100% Hawaii-Made Chocolate", "Hawaii-
 
 6 Made Chocolate", "100% Hawaiian Chocolate", "Hawaiian Chocolate",
 
 7 or similar wording in labeling or advertising, the chocolate
 
 8 shall be made from cacao beans that have been solely grown and
 
 9 processed in Hawaii.
 
10      (b)  Any person keeping, offering, displaying, exposing for
 
11 sale, or soliciting for sale, any chocolate product, which
 
12 represents or which is branded or labeled that the chocolate was
 
13 made in Hawaii, shall make available to the administrator, upon
 
14 demand, documented proof that one hundred per cent of the cacao
 
15 beans were grown and processed in Hawaii.
 
16      (c)  It shall be a violation of this section to use a label
 
17 containing the words, "100% Hawaii-Made Chocolate", "Hawaii Made
 
18 Chocolate", "100% Hawaiian Chocolate", "Hawaiian Chocolate", or
 
19 similar wording if any portion of the cacao beans contained in
 
20 the chocolate is not grown and processed in Hawaii."
 
21      SECTION 8.  New statutory material is underscored.
 
22      SECTION 9.  This Act shall take effect upon its approval.