SB3049 HD1

Report Title:

Honey; Labeling; Origin; Purity

Description:

Requires honey produced in Hawaii to be labeled according to its geographic origin in Hawaii. Prohibits labels or advertising using Hawaii as a geographic origin if the honey contains less than 10 percent honey by weight from Hawaii. Allows labels to list the regional origins of the Hawaii-produced and non-Hawaii produced honeys in a honey blend. Requires Department of Agriculture to adopt rules to certify and enforce compliance with labeling requirements. Effective July 1, 2050.

(SB3049 HD1)

THE SENATE	S.B. NO.	3049
TWENTY-THIRD LEGISLATURE, 2006		S.D. 1
STATE OF HAWAII		H.D. 1

A BILL FOR AN ACT

RELATING to honey.

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

SECTION 1. The legislature finds that producers of very high quality honey in Hawaii have been losing market share to sweeteners mislabeled as "honey" and as products of the United States of America.

The legislature also finds that this ultrafiltered honey is imported into the United States, repackaged by United States-based companies, 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 is 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 cannot 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 local producers cannot afford to price their product for retail sale below the wholesale price unless they dilute their honey and sell an adulterated product.

The purpose of this Act is to ensure that honey products:

(1) Are accurately advertised or labeled as produced in Hawaii; and

(2) Advertised or labeled as produced in Hawaii meet grade standard requirements of the department of agriculture.

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:

(1) For honey that contains one hundred per cent Hawaii-produced honey by weight, the identity statement shall consist of the phrase "pure Hawaiian honey";

(2) For honey consisting of a blend of one or more Hawaii-produced honeys and honey not produced in Hawaii, the identity statement shall consist of the per cent honey by weight of the Hawaii-produced honeys used in the blend, and the phrase "honey blend"; and

(3) Each word or character in the identity statement shall be of the same type size and shall be contiguous. The smallest letter or character of the identity statement on packages of sixteen ounces or less net weight shall be at least one and one-half times the type size required under federal law for the statement of net weight, or three-sixteenths of an inch in height, whichever is smaller. The smallest letter or character of the identity statement on packages of greater than sixteen ounces net weight shall be at least one and one-half times the type size required under federal law for the statement of net weight. The identity statement shall be conspicuously displayed without any intervening material in a position above the statement of net weight. Upper and lower case letters may be used interchangeably in the identity statement.

(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.

(1) Use the identity statement specified in subsection (a)(1) or similar terms in labeling or advertising unless the package of honey contains one hundred per cent honey from that one geographic origin;

(2) Use a geographic origin in labeling or advertising, including in conjunction with a honey style or in any other manner, if the honey contains less than ten per cent honey by weight from that geographic origin;

(3) Use a geographic origin in advertising honey, including advertising in conjunction with a honey style or in any other manner, without disclosing the amount of honey used from that geographic origin as described in subsection (a)(1), or the percentage of honey used from that geographic origin as described in subsection (a)(2);

(4) Use a geographic origin in labeling or advertising honey, including in conjunction with a honey style or in any other manner, if the honey used in that product does not meet the grade standard requirements of rules adopted under chapter 147;

(5) Misrepresent, on a label or in advertising of a honey, the per cent honey by weight of any honey from a geographic origin or regional origin; or

(6) Use the term "all Hawaiian" on a label or in advertising of a honey if the honey does not have a geographic origin consistent with the definition of "geographic origin" under subsection (f).

(d) Apiculturists, manufacturers, or other persons who package honey covered by this section shall:

(1) 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; and

(2) Provide authorized employees of the department with access to these records during normal business hours.

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

(f) For the purposes of this section:

"Geographic origin" means the geographic regions in which Hawaii-produced honey is produced as defined in rules under chapter 147; 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."

SECTION 3. Section 147-1, Hawaii Revised Statutes, is amended by amending the definition of "agricultural commodity" to read as follows:

""Agricultural commodity" means fresh fruits and fresh vegetables of every kind and character, whether or not frozen or packed in ice, whether produced in the [~~State~~] state or imported, nuts, and coffee, whether cherry[,] or parchment, [or] green beans which have been produced in the [~~State;~~] state, and honey, whether produced in the state or imported."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2050.