SB1265 SD1.DOC

SECTION 1. Section 159-3, Hawaii Revised Statutes, is amended by amending the definition of "misbranded" to read as follows:

""Misbranded" shall apply to any carcass, part thereof, meat, or meat products under one or more of the following circumstances:

(1) If its labeling is false or misleading in any particular[.];

(2) If it is offered for sale under the name of another food[.];

(3) If it is an imitation of another food, unless its label bears, in type of uniform size and prominence, the word "imitation" and immediately thereafter, the name of the food imitated[.];

(4) If its container is made, formed, or filled as to be misleading[.];

(5) If in a package or other container unless it bears a label showing:

(A) The name and place of business of the manufacturer, packer, or distributor[.]; and

(B) An accurate statement of the quantity of the contents in terms of weight, measure, or numerical count; provided that reasonable variations may be permitted and exemptions as to small packages may be prescribed by the board[.];

(6) If any word, statement, or other information required by or under authority of this chapter to appear on the label or other labeling is not prominently placed thereon with the conspicuousness as compared with other words, statements, designs, or devices, in the labeling and in the terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use[.];

(7) If it purports to be or is represented as a food for which a definition and standard of identity or composition has been prescribed by the board under this chapter unless:

(A) It conforms to the definition and standard[.]; and

(B) Its label bears the name of the food specified in the definition and standard and, insofar as may be required by the regulations, the common names of optional ingredients (other than spices, flavoring, and coloring) present in the food[.];

(8) If it purports to be or is represented as a food for which a standard of fill of container has been prescribed by the board under this chapter, and it falls below the standard of fill of container applicable thereto, unless its label bears, in the manner and form as the board prescribes, a statement that it falls below the standard[.];

(9) If it is not subject to paragraph (7), unless its label bears:

(A) The common or usual name of the food, if any there be[.]; or

(B) In case it is fabricated from two or more ingredients, the common or usual name of each ingredient; except that spices, flavorings, and colorings may with the approval of the board be designated as spices, flavorings, and colorings without naming each; provided that to the extent that compliance with the requirements of this subparagraph is impracticable, or results in deception or unfair competition, exemptions shall be established by the board[.];

(10) If it purports to be or is represented for special dietary uses, unless its label bears the information concerning its vitamin, mineral, and other dietary properties as the board, after consultation with the Secretary of Agriculture and concurrence by the department of health, determines to be and prescribes as necessary in order fully to inform purchasers as to its value for the uses[.];

(11) If it bears or contains any artificial flavoring, artificial coloring, or chemical preservative, unless it bears labeling stating that fact; provided that to the extent that compliance with this paragraph is impracticable, exemptions shall be established by the board[.];

(12) If it fails to bear, directly thereon or on its container, as the board may prescribe, the inspection legend and, unrestricted by any of the foregoing, other information as the board may require to assure that it will not have false or misleading labeling and that the public will be informed of the manner of handling required to maintain the meat or meat products in a wholesome condition[.]; or

(13) If the meat or meat products, or the meat or meat products derived from exotic animals, have been gas‑treated to enhance the product color, but do not bear a truthful label indicating:

(1) The type of gas that was used; and

(2) A statement that the gas treatment was used to approximate the appearance of freshness."

SECTION 2. Section 328-3, Hawaii Revised Statutes, is amended to read as follows:

"§328-3 Same; misbranding or misleading advertisement. (a) If an article is alleged to be misbranded because the labeling is misleading, or if an advertisement is alleged to be false because it is misleading, then in determining whether the labeling or advertisement is misleading, there shall be taken into account [(], among other things[₎], not only representations made or suggested by statement, word, design, device, sound, or in any combination thereof, but also the extent to which the labeling or advertisement fails to reveal facts material in the light of the representations or material with respect to consequences which may result from the use of the article to which the labeling or advertisement relates under the conditions of use prescribed in the labeling or advertisement thereof or under such conditions of use as are customary or usual.

(b) Fish products that have been gas-treated to enhance the product color shall bear a truthful label indicating:

(1) The type of gas that was used; and

(2) A statement that the gas treatment was used to approximate the appearance of freshness.

[~~(b)~~] (c) "Advertisement" means all representations disseminated in any manner or by any means, other than by labeling, for the purpose of inducing, or which are likely to induce, directly or indirectly, the purchase of food, drugs, devices, or cosmetics."

SECTION 3. Section 328-29, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Any person who violates section 328-3 or section 328-6 shall be fined not more than $500, or imprisoned not more than one year, or both."

SECTION 4. The department of agriculture shall display on the department's official website notice of the labeling requirements for gas-treated meat or meat products, meat or meat products derived from exotic animals, and fish products required by sections 1 and 2. The notice required by this Act shall be continuously available to producers, packagers, distributors, retailers, consumers of meat and fish, and the general public through the department of agriculture's website beginning on August 1, 2009.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval; provided that sections 1, 2, and 3 shall apply to meat or fish products sold on or after August 1, 2009.

THE SENATE	S.B. NO.	1265
TWENTY-FIFTH LEGISLATURE, 2009		S.D. 1
STATE OF HAWAII