SB2215 SD1

SECTION 1. Chapter 148, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"PART . COUNTRY OF ORIGIN LABELING

§148-A Definitions. As used in this part:

"Department" means the department of agriculture.

"Label" means a display of written, printed, or graphic matter on the immediate container of an article, where "immediate container" does not include package liners.

"Labeling" means labels and other written, printed, or graphic matter:

(1) On an article or its containers or wrappers; or

(2) Accompanying the article.

"Package" means a container or wrapping in which a consumer commodity is enclosed for use in the delivery or display of that consumer commodity to retail purchasers. The term does not include:

(1) Shipping containers or wrappings used solely for the transportation of a consumer commodity in bulk or in quantity to manufacturers, packers, or processors or to wholesale or retail distributors; or

(2) Shipping containers or outer wrappings used by retailers to ship or deliver a commodity to retail customers if the containers and wrappings bear no printed matter pertaining to a particular commodity.

"Person" includes an individual, partnership, corporation, and association.

"Placard" means a nonpermanent sign used to display or describe food items for sale in a food service establishment or retail meat establishment.

§148-B Labeling of beef, pork, poultry, and lamb. (a) All producers, growers, and shippers of beef, pork, poultry, or lamb in the State are permitted to label each individual portion, piece, or package of beef, pork, poultry, or lamb in a conspicuous place as legibly, indelibly, and permanently as the nature of the commodity will permit, in a manner that indicates to an ultimate purchaser that the product was produced in Hawaii.

(b) After December 31, 2008, muscle cuts and ground beef, pork, poultry, or lamb, including any package that contains any blending of foreign and domestic product, that is produced in any country other than the United States and offered for retail sale in Hawaii shall be labeled with a placard in a manner that indicates to an ultimate purchaser the country of origin.

(c) After December 31, 2008, if one of the products enumerated in subsection (b) is unlabeled and the retail vendor is unable to determine its country of origin, the product shall be labeled with a placard as "country of origin unknown".

(d) All retail vendors engaged in the business of selling products that are labeled or identified as to country of origin are prohibited from wilfully or knowingly removing the labels or identifying marks.

(e) A placard is not required for prepared foods for immediate sale or ready to eat.

§148-C Penalties. (a) After December 31, 2008, a person engaged in the business of retail vending of muscle cuts and ground beef, pork, poultry, or lamb who knowingly or intentionally offers those products for sale without ensuring that the products are clearly labeled as to the country of origin, as provided in section 148-B(b), is subject to the following penalties:

(1) For a first offense, a vendor shall be fined an amount not to exceed $100;

(2) For a second offense, a vendor shall be fined an amount not to exceed $250; and

(3) For a third or subsequent offense, a vendor shall be fined an amount not to exceed $500.

(b) After December 31, 2008, a person engaged in the business of retail vending of beef, pork, poultry, or lamb who knowingly removes any labels or identifying marks from beef, pork, poultry, or lamb that is labeled as to the country of origin shall be guilty of a misdemeanor; provided that the maximum fine shall be not more than $500, and the maximum term of imprisonment shall be not more than six months.

§148-D Rules. (a) The department of agriculture may adopt rules pursuant to chapter 91 for the efficient enforcement of this part. The rules adopted by the department may include but shall not be limited to:

(1) Delineation of the difference between imported and unimported raw agricultural commodities for the purpose of this part;

(2) Preferred labeling or placarding methods for each commodity type identified in this part; and

(3) Other rules that the department deems necessary.

(b) The rules adopted to implement this part may not unduly restrict a person from conducting business."

SECTION 2. In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 3. This Act shall take effect on December 31, 2008.

THE SENATE	S.B. NO.	2215
TWENTY-FOURTH LEGISLATURE, 2008		S.D. 1
STATE OF HAWAII