SB1988 SD1

SECTION 1. Chapter 486, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§486- Imported non-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 non‑Hawaii produced imported honey shall meet the following requirements:

(1) For a product that contains one hundred per cent of honey by weight, the identity statement shall consist of the per cent of Hawaii-produced honey used, by weight, in packaging that contains a blend of one or more Hawaii-produced honeys and imported honeys, followed by the term "honey blend";

(2) For a product that contains less than one hundred per cent of honey by weight, the identity statement shall consist of the per cent of honey by weight followed by the per cent of Hawaii-produced honey used, by weight, if any, and the per cent by weight of other sweeteners added to the honey;

(3) For a product that contains honey subjected to any ultrafiltration and reconstitution processes, which removes any natural constituents of honey, whether packaged alone or blended with natural honey or other sweeteners, the identity statement shall consist of the per cent of natural honey by weight followed by the per cent of Hawaii-produced honey used, by weight, if any, and the per cent by weight of the ultrafiltered sweetener and the term "ultrafiltered sweetener"; and

(4) 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 twelve 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 on the principal display panel above the statement of net weight. Upper and lower case letters may be used interchangeably in the identity statement.

(b) The department shall work with interested parties to develop labeling requirements and procedures regarding the disclosure of the country of origin of honey sold in the State.

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

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

(3) Use a geographic origin or country of 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 the United States Department of Agriculture and those rules adopted under chapter 147;

(4) Misrepresent, on a label or in advertising of a honey, the per cent of Hawaii-produced honey by weight, or the per cent of imported honey by weight, or the country of origin;

(5) Use the terms "Hawaii honey" or "Hawaiian honey" or similar terms on a label or in advertising of a honey if the honey itself is not produced entirely in the State of Hawaii;

(6) Use the terms "Product of the USA" or "100% US Grade A" or "100% USA", or similar terms, on a label or in advertising a honey if the honey itself is not produced entirely in the United States of America, or does not meet the grade standard as stated; or

(7) Use the terms "raw honey", "unprocessed honey", "natural honey", or similar terms if any of the constituent honey in the product has been heated above one hundred twenty degrees Fahrenheit, filtered through a fine screen of less than one sixty-fourth inch mesh, treated with diatomaceous earth, or in any other way that results in the loss of any natural constituent of honey such as plant pollen and enzymes.

(d) Apiculturists, packers, importers, handlers, distributors, or other persons who package and import honey into Hawaii shall maintain for a period of two years records on the volume and country of origin of the honeys and other non-honey sweeteners, including ultrafiltered sweetener, produced, processed, blended, packaged, and sold and any other records required by the department for the purpose of enforcing this section; provided that authorized employees of the department shall have access to these records during normal business hours.

(e) For the purpose of this section:

"Country of origin" means the country or countries in which all or part of the imported honey was produced, as defined in rules relating to chapter 147 and adopted pursuant to chapter 91.

"Honey style" means honey-like products that have the flavor of honey but do not contain any honey.

"Imported honey" means any honey produced outside of the State of Hawaii.

"Per cent of honey by weight" means the percentage calculated by dividing the weight in pounds of honey of one country of 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.

"Processed honey" means honey that has been heated above one hundred twenty degrees Fahrenheit, or filtered through a fine screen of less than one sixty-fourth inch mesh, or treated with diatomaceous earth, or in any other way that results in the loss of any natural constituent of honey such as plant pollen and enzymes.

"Raw honey" and "Unprocessed honey" means honey that has not been heated above one hundred twenty degrees Fahrenheit, or filtered through a fine screen of less than one sixty-fourth inch mesh, or treated with diatomaceous earth, or in any other way that results in the loss of any natural constituent of honey such as plant pollen and enzymes."

SECTION 2. Chapter 147, Hawaii Revised Statutes, is amended by amending the title of part I to read:

"PART I. FRESH FRUITS AND VEGETABLES, NUTS, HONEY, AND COFFEE"

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 or imported, nuts, and coffee, whether cherry[,] or parchment, [or] green beans which have been produced in the State[;], and raw, unprocessed honey, whether produced in the State or imported;"

SECTION 4. Chapter 147, Hawaii Revised Statutes, is amended by amending the title of part II to read:

"PART II. EXPORTS: FRUITS, VEGETABLES,

NUTS, [~~AND~~] COFFEE, AND HONEY"

SECTION 5. Section 147-2, Hawaii Revised Statutes, is amended by amending the definition of "agricultural commodity" to read as follows:

""Agricultural commodity" means fruits, vegetables, nuts, [~~and~~] coffee[;], and raw unprocessed honey;"

SECTION 6. Section 147-51, Hawaii Revised Statutes, is amended by adding a definition of "processed honey" to read as follows:

""Processed honey" means honey that has been heated above one hundred twenty degrees Fahrenheit, or filtered through a fine screen of less than one sixty-fourth inch mesh, or treated with diatomaceous earth, or in any other way that results in the loss of any natural constituent of honey such as plant pollen and enzymes."

SECTION 7. All honey products and other sweeteners subject to this Act shall comply with the labeling and advertising requirements within one year of the effective date of this Act.

SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 9. This Act shall take effect on July 1, 2050.

THE SENATE	S.B. NO.	1988
TWENTY-FOURTH LEGISLATURE, 2007		S.D. 1
STATE OF HAWAII