HOUSE OF REPRESENTATIVES	H.B. NO.	1348
THIRTY-SECOND LEGISLATURE, 2023		H.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, branding, or otherwise represents that all of the raw or processed macadamia nuts contained in the package were grown in [Hawaii,] the State, 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 language, branding, or otherwise represents that a portion of the raw or processed macadamia nuts contained in the package [was] were grown in [Hawaii,] 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,] the State, 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] the State 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 raw or processed macadamia nuts not grown in the State that are included in the package shall also be shown on the principal display panel pursuant to section 304 of the Tariff Act of 1930 (19 U.S.C. 1304), as amended.

(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] that represents or [which] is branded or labeled that all or a percentage or portion of the macadamia nuts were grown in [Hawaii,] the State, shall make available to the administrator, upon demand, documented proof that the amount of macadamia nuts represented to be grown in the State, [was] were grown in the State.

(e) It shall be a violation of this part[:] to use a label:

(1) [To use a label containing] 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,] the State, if any portion of the macadamia nuts contained in the package [was] were not grown in the State;

(2) [To use a label, as] 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] were grown in the State; [or]

(3) As provided for under subsection (b), containing the words "Hawaii-Grown Macadamia Nuts" that misrepresents and creates a reasonable expectation that 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) To use a label representing] (4) Representing that any of the macadamia nuts contained in the package [was] were grown in the State, if none of the macadamia nuts contained in the package [was] were grown in the State.

(f) Any person who violates this section shall be subject to penalties under section 486-32."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New Statutory material is underscored.

SECTION 3. This Act shall take effect on June 30, 3000.

Report Title:

Macadamia Nuts; Labeling Requirements; Country of Origin

Description:

Clarifies labeling requirements for macadamia nuts. Requires country of origin to be included on the principal display panel of a consumer package of raw or processed macadamia nuts. Effective 6/30/3000. (HD2)

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