REPORT TITLE:
Hawaii Milk Control Act


DESCRIPTION:
Adds, amends, and deletes numerous definitions in the Hawaii Milk
Control Act.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           1627
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                     A BILL FOR AN ACT

RELATING TO THE MILK CONTROL ACT.


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

 1      SECTION 1.  Section 157-1, Hawaii Revised Statutes, is
 
 2 amended by adding eleven new definitions to be appropriately
 
 3 inserted and to read as follows:
 
 4      ""Export class I milk" means all island fresh milk or island
 
 5 fresh milk constituents to be utilized and exported from the milk
 
 6 shed in fluid form for human consumption, including pasteurized
 
 7 milk, cream, half-and-half, whole milk, skim milk, buttermilk,
 
 8 flavored milk, flavored skim milk, reconstituted or recombined
 
 9 milk, and filled milk.  All island fresh milk received by a
 
10 processing plant shall be deemed to be utilized as class I unless
 
11 utilization is in class II, in an excess pool, or as plant
 
12 shrinkage and route returns are proven.  All export class I milk
 
13 shall be deemed to be utilized as class I when imported fresh
 
14 milk is utilized as class I.
 
15      "Export class II milk" means all island fresh milk or island
 
16 fresh milk constituents to be utilized for exportation from a
 
17 milk shed and utilized in non-fluid form for human consumption,
 
18 including ice cream, ice cream mix, cottage cheese, and yogurt.
 
19      "Imported filled milk" means any milk, or skim milk, whether
 
20 imported fresh or recombined, to which has been added or which
 

 
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                                     S.B. NO.           1627
                                                        
                                                        

 
 1 has been blended or compounded with butterfat so that the
 
 2 resulting product is a semblance of any form of fresh whole milk
 
 3 or cream, and shall be labeled as imported filled milk.
 
 4      "Imported fresh milk" means imported lacteal secretion,
 
 5 practically free from colostrum obtained by the complete milking
 
 6 of one or more healthy cows not in the State of Hawaii, which
 
 7 contains not less than eight and one-half per cent milk solids-
 
 8 not-fat and not less than three and one-quarter per cent milkfat;
 
 9 including any product containing milk solids, normally imported
 
10 and marketed through the channels of the fluid milk trade in
 
11 Hawaii, and includes raw milk, pasteurized milk, cream,
 
12 buttermilk, flavored milk, recombined or reconstituted milk,
 
13 filled milk, and sterilized milk, and shall be labeled as
 
14 imported fresh milk.  It does not include butter, cheese, ice
 
15 cream, or condensed or evaporated milk contained in hermetically
 
16 sealed cans.
 
17      "Imported pasteurized milk" means imported pasteurized milk
 
18 which has been re-pasteurized in approved and properly operated
 
19 equipment, and shall be labeled as imported pasteurized milk.
 
20      "Imported skim" or "imported skimmed milk" means imported
 
21 fresh milk from which a sufficient portion of butterfat has been
 
22 removed to reduce the milk's butterfat content to less than five-
 
23 tenths per cent, and shall be labeled as imported skim or
 

 
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                                     S.B. NO.           1627
                                                        
                                                        

 
 1 imported skimmed milk; and means an absolutely sterile, preheated
 
 2 product of natural appearance and flavor, without additives or
 
 3 adulterants, retaining the vitamins and constituents of imported
 
 4 normal milk and aseptically containerized, and shall be labeled
 
 5 imported sterilized milk.
 
 6      "Imported sterilized milk" means an absolutely sterile,
 
 7 preheated product of natural appearance and flavor, without
 
 8 additives or adulterants, retaining the vitamins and constituents
 
 9 of imported normal milk and aseptically containerized, and shall
 
10 be labeled as imported sterilized milk.
 
11      "Island fresh milk" is the lacteal secretion, practically
 
12 free from colostrum, obtained by the complete milking of one or
 
13 more healthy cows in the State of Hawaii, which contains not less
 
14 than eight and one-fourth per cent milk solids-not-fat and not
 
15 less than three and one-quarter per cent milkfat; includes any
 
16 product containing milk solids, normally produced or marketed
 
17 through the channels of the fluid milk trade in Hawaii, raw milk,
 
18 pasteurized milk, cream, buttermilk, flavored milk, recombined or
 
19 reconstituted milk, filled milk, and sterilized milk, and shall
 
20 be labeled as island fresh milk.  Island fresh milk does not
 
21 include butter, cheese, ice cream, or condensed or evaporated
 
22 milk contained in hermetically sealed cans.
 
23      "Island pasteurized milk" means island fresh milk which has
 

 
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                                     S.B. NO.           1627
                                                        
                                                        

 
 1 been heated to at least one hundred forty-five degrees Fahrenheit
 
 2 for at least thirty continuous minutes, or to at least one
 
 3 hundred sixty-one degrees Fahrenheit for at least fifteen
 
 4 continuous seconds, in approved and properly operated equipment,
 
 5 and shall be labeled as "island fresh milk".
 
 6      "Island skim milk" or "island skimmed milk" means island
 
 7 fresh milk from which a sufficient portion of butterfat has been
 
 8 removed to reduce the milk's butterfat content to less than five-
 
 9 tenths per cent, and shall be labeled as "island fresh milk".
 
10      "Island sterilized milk" means an absolutely sterile,
 
11 preheated product, of natural appearance and flavor, without
 
12 additives or adulterants, retaining the vitamins and constituents
 
13 of normal island fresh milk and aseptically containerized, and
 
14 labeled as "island fresh milk"."
 
15      SECTION 2.  Section 157-1, Hawaii Revised Statutes, is
 
16 amended by amending the definitions of "class I milk", "class II
 
17 milk", "excess pool", "filled milk", "flavored milk" or "flavored
 
18 skim milk", "half-and-half", and "shortage", to read as follows:
 
19      ""Class I milk" includes all fresh milk or island fresh milk
 
20 constituents to be utilized in fluid form for human consumption,
 
21 including pasteurized milk, cream, half-and-half, whole milk,
 
22 skim milk, buttermilk, flavored milk, flavored skim milk,
 
23 reconstituted or recombined milk, and filled milk.  All such
 

 
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                                     S.B. NO.           1627
                                                        
                                                        

 
 1 island fresh milk received by a processing plant shall be deemed
 
 2 to be utilized as class I unless utilization is in class II, in
 
 3 an excess pool, or as plant shrinkage and route returns are
 
 4 proven.  All island fresh milk shall be deemed to be utilized as
 
 5 class I milk when imported fresh milk is utilized as class I.
 
 6      "Class II milk" includes all island fresh milk or imported
 
 7 fresh milk [constituents] (when there is insufficient supply of
 
 8 island fresh milk constituents) to be utilized in non-fluid form
 
 9 for human consumption, including ice cream, ice cream mix,
 
10 cottage cheese, and yogurt.
 
11      "Excess pool" means a special pooling technique to be used
 
12 when island fresh milk produced in excess of the total island
 
13 fresh class I and island fresh class II milk requirements of the
 
14 market and allowable plant shrinkage and route returns is
 
15 disposed of either at a complete loss or at its highest practical
 
16 salvage value.  There is no excess production of island fresh
 
17 milk when imported fresh milk is utilized for class I or class II
 
18 purposes in the milk.
 
19      "Filled milk" is any milk, cream or skim milk, whether
 
20 island fresh, imported fresh, or recombined, to which has been
 
21 added or which has been blended or compounded with any fat or oil
 
22 other than butterfat so that the resulting product is in
 
23 imitation or semblance of any form of fresh whole milk or cream.
 

 
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                                     S.B. NO.           1627
                                                        
                                                        

 
 1      "Flavored milk" or "flavored skim milk" means a beverage or
 
 2 confection consisting of [either] island fresh milk [or skimmed
 
 3 milk], island fresh skim, or imported fresh skim milk, to which
 
 4 has been added a syrup or flavor made from wholesome
 
 5 ingredients[.], and shall be labeled as "island fresh milk, or
 
 6 island fresh skim milk, or imported fresh milk, or imported skim
 
 7 milk".
 
 8      "Half-and-half" means a product consisting of a mixture of
 
 9 island fresh milk or imported fresh milk and cream which contains
 
10 not less than 10.5 per cent butterfat[.], and shall be labeled as
 
11 "island fresh milk," or "imported fresh milk".
 
12      "Shortage" means that [no milk] imported fresh milk is
 
13 utilized for [Class II purposes.] class I purposes, and no milk
 
14 is utilized for class II purposes."
 
15      SECTION 3.  Section 157-1, Hawaii Revised Statutes, is
 
16 amended by deleting the definitions of "skim milk or skimmed
 
17 milk" and "sterilized milk".
 
18      [""Skim milk" or "skimmed milk" means fresh milk from which
 
19 a sufficient portion of butterfat has been removed to reduce the
 
20 milk's butterfat content to less than five-tenths per cent.
 
21      "Sterilized milk" means an absolutely sterile, preheated
 
22 product, of natural appearance and flavor, without additives or
 
23 adulterants, retaining the vitamins and constituents of normal
 

 
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                                     S.B. NO.           1627
                                                        
                                                        

 
 1 milk and aseptically containerized."]
 
 2      SECTION 4.  Statutory material to be repealed is bracketed.
 
 3 New statutory material is underscored.
 
 4      SECTION 5.  This Act shall take effect upon its approval.
 
 5 
 
 6                              INTRODUCED BY:______________________