[§486-120.7]  Māmaki tea; labeling requirements.  (a)  No label on a consumer package that contains or includes tea or dried leaves from the plant Pipturus albidus shall contain:

     (1)  The words "Māmaki", "Hawaii", or "Hawaiian", or any variation of these terms; or

     (2)  Misleading Hawaiian imagery, place names, or motifs,

unless one hundred per cent of the tea or dried leaves were Hawaii-grown.

     (b)  Any nonconsumer package that contains tea or dried leaves from the plant Pipturus albidus grown in the State and introduced into intrastate or interstate commerce shall bear on the package a label stating that the package contains Hawaii-grown māmaki tea by using the words "Hawaii-grown māmaki tea".  This label shall be required in addition to all other labeling requirements specified in this chapter.

     (c)  Any person keeping, offering, displaying, exposing for sale, or soliciting for sale any tea or dried leaves from the plant Pipturus albidus subject to and labeled in accordance with subsection (a) shall make available to the administrator, upon demand, documented proof that the tea or dried leaves were Hawaii-grown.

     (d)  The department may establish and administer a voluntary certification mark program for purposes of compliance under this section.

     (e)  Any person or the department may sue for injunctive relief to compel compliance with this section.

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

     (g)  For the purposes of this section:

     "Consumer package" has the same meaning as in section 486-1.

     "Hawaii-grown" means a plant that is cultivated, harvested, and dried within the State of Hawaii.

     "Nonconsumer package" has the same meaning as in section 486-1. [L 2025, c 242, §2]