Report Title:

Liquor Labeling; Place of Origin

 

Description:

Amends state law regarding the labeling, designation, or sale of liquor to make it unlawful to use Hawaiian names, language, symbols, seals, designs, or pictures in a manner intended to lead the consumer to believe that the liquor was manufactured in the State, unless the liquor meets specific manufacturing requirements in compliance with federal law.

 

HOUSE OF REPRESENTATIVES

H.B. NO.

1651

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO INTOXICATING LIQUOR.

 

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

SECTION 1. Section 281-3, Hawaii Revised Statutes, is amended to read as follows:

"§281-3 Illegal manufacture, importation, or sale of liquor. It shall be unlawful for any person not having a valid license to manufacture or sell any liquor except as otherwise provided in this chapter; provided that the head of any family may produce for family use and not for sale an amount of wine not exceeding two hundred gallons a year, and an amount of beer not exceeding one hundred gallons a year.

It shall also be unlawful for any person, not having a valid wholesale license or a valid manufacturer's (including rectifier's) license, to import any liquor from without the State, except as otherwise provided in this chapter. Liquor imported into this State shall come to rest at the warehouse of the manufacturer (including rectifier) or the wholesaler importing the liquor, shall be unloaded into such warehouse, and shall be held in such warehouse for at least forty-eight hours before further sale by such manufacturer (including rectifier) or wholesaler.

It shall also be unlawful for any person to label, advertise, designate, package, or sell any liquor using [the word "Hawaii", "Hawaiian", "Aloha State", "50th State", "Kauai", "Maui", "Oahu", or "Honolulu"] Hawaiian names, language, symbols, seals, designs, graphically or geographically, in a manner intended to lead the consumer to believe that the liquor was manufactured in the State, or was produced or processed by a person who was not, in fact, the actual producer or processor, unless such liquor is wholly or partially manufactured in the State, and all of the primary ingredients are wholly rectified or combined in the State of Hawaii in compliance with the Bureau of Alcohol, Tobacco and Firearms [standards.] rules and regulations as provided in title 27, United States Code of Federal Regulations, parts 1 to 199.

A license shall constitute authority for the licensee to sell only the liquor thereby authorized to be sold by the licensee."

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

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________