Requires honey produced in Hawaii to be labeled according to its origin. Requires department of agriculture to adopt rules to certify compliance with labeling and purity requirements.

A BILL FOR AN ACT

SECTION 1. The legislature finds that producers of very high quality honey in Hawaii have been losing significant market share to preternaturally cheap, adulterated, imported, sweeteners mislabeled as "honey" and as products of the United States of America. These sweeteners are actually honeys of Chinese and possibly Argentinean origin that were contaminated with antibiotics and chloramphenicol and then subjected to an ultrafiltration process to remove the contaminants after they were embargoed in the international marketplace. Following the processes of dilution with water, ultrafiltration, and chemical re-dehydration, all constituents of honey that make it a distinct product, such as unique enzymes, resins and flavinoids of plant origin, and plant pollen are completely removed. The resulting material is not honey and labeling and selling it as honey is misleading and deceptive.

The legislature also finds that this ultrafiltered honey is imported into the United States in huge containers, repackaged by United States based companies, some of which are foreign owned, and labeled using formats and verbiage that mislead the consumer into believing that the products are pure honey produced in the United States. While this a consumer protection issue, it is also one of fairness to Hawaii honey producers. Local beekeepers are willing to compete with other honey producers on the merits of their product but can not do so when those other producers sell this cheap, reconstituted honey or use it to dilute domestic honey. Given the spot price of honey and the cost to process, blend, bottle, label, box, consolidate, ship, broker, distribute, promote, and market this product, these producers can not afford to price their product for retail sale below wholesale price unless they sell an adulterated product or use it to dilute their own.

The purpose of this Act is to prevent mislabeled, and potentially unwholesome, "honey" products from being sold in Hawaii.

SECTION 2. Chapter 486, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§486-   Hawaii-produced honey; labeling requirements. (a) In addition to all other labeling requirements, the identity statement used for labeling or advertising honey products produced in whole or in part from Hawaii-produced honey shall meet the following requirements:

(b) A listing of the geographic origins of the various Hawaii-produced honeys and the regional origins of the various honeys not produced in Hawaii that are included in a blend may be shown on the label. If used, this list shall consist of the term "Contains:", followed by, in descending order of per cent by weight and separated by commas, the respective geographic origin or regional origin of the various honeys in the blend that the manufacturer chooses to list. Each geographic origin or regional origin may be preceded by the per cent of honey by weight represented by that geographic origin or regional origin, expressed as a number followed by the per cent sign. The type size used for this list shall not exceed half that of the identity statement. This list shall appear below the identity statement, if included on the front panel of the label.

(c) It shall be a violation of this section:

(d) Apiculturists, manufacturers, or other persons who package honey covered by this section shall maintain, for a period of two years, records on the volume and geographic origin or regional origin of honeys produced and sold and any other records required by the department for the purpose of enforcing this section. Authorized employees of the department shall have access to these records during normal business hours.

(e) For the purpose of this section:

"Geographic origin" means the geographic regions in which Hawaii-produced honey is produced, as defined in rules relating to chapter 147 and adopted pursuant to chapter 91; provided that the term "Hawaiian" may be substituted for the geographic origin "Hawaii".

"Per cent honey by weight" means the percentage calculated by dividing the weight in pounds of honey of one geographic or regional origin used in a production run of blended honey, by the total weight in pounds of the honey used in that production run of honey, and multiplying the quotient by one hundred.

(f) The department shall adopt rules pursuant to chapter 91 to establish and enforce a program certifying compliance with this section and that honey sold in this State is not misbranded as defined in section 486-1 or adulterated within the meaning of section 328-9."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.