STAND

STAND. COM. REP. NO. 1604

Honolulu, Hawaii

, 2005

RE: H.B. No. 332

H.D. 1

S.D. 2

Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Commerce, Consumer Protection, and Housing, to which was referred H.B. No. 332, H.D. 1, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO FROZEN FOOD PRODUCTS,"

begs leave to report as follows:

The purpose of this measure is to require the labeling of previously frozen baked bread that is thawed and offered for sale in the State to indicate that the bread has been frozen and thawed.

The ILWU Local 1142 and Hawaii State Teachers Association testified in support of this measure. Opposition to the measure was received from the following: Times Supermarket; King's Hawaiian; Safeway Inc.; Innovative Cereal Systems; Fresh Start Bakeries; Hawaii Foodservice Alliance, LLC; Hawaii Food Industry Association; Gold Coast Baking Company; Jean's Posh Pantry; Sugar Bowl Bakery; T. Kaneshiro Store, Inc.; Cafe Valley Bakery; K. Takata Store, Inc.; LC Marketing Corporation; and numerous individuals. The Department of Health presented comments.

Your Committee finds that flash freezing bread is a standard industry practice worldwide, and is designed to ensure the product's freshness and safety from the point of production to the point of purchase. Your Committee further finds that consumers may not be generally aware that the bread they purchase in a store has been frozen and thawed before being offered for sale. This measure would help to facilitate informed decisionmaking by consumers by requiring a bread label to indicate that the bread has been previously frozen and thawed.

Your Committee has amended this measure:

(1) To apply to all baked goods, and not only breads;

(2) By replacing the requirement that a baked good product's label disclose that the product has been previously frozen and thawed with the requirement that a sign be placed near a display of previously frozen and thawed baked goods for sale that informs purchasers of the common practice to flash freeze baked goods to preserve freshness;

(3) To require the above notification to include a list of all baked good products that have been previously frozen and thawed;

(4) To require that suppliers and distributors provide their respective retailers with a list of baked good products, by product name and manufacturer, that have been previously frozen and thawed;

(5) To prohibit the use of the term "fresh" in a baked good's label or advertising to describe the baked good, unless the baked good has been maintained in an unfrozen state; and

(6) By inserting an effective date of July 1, 2050.

Your Committee finds that the above requirements promote consumer protection without imposing burdensome or costly requirements on retailers.

As affirmed by the record of votes of the members of your Committee on Commerce, Consumer Protection, and Housing that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 332, H.D. 1, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 332, H.D. 1, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Commerce, Consumer Protection, and Housing,

		____________________________ RON MENOR, Chair