Report Title:

Alcoholic Malt Beverages, Labeling; Product Placement

Description:

Requires the liquor commission of each county to establish labeling and product placement requirements for alcoholic malt beverages.

HOUSE OF REPRESENTATIVES	H.B. NO.	1318
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII

A BILL FOR AN ACT

relating to alcoholic beverages.

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

     SECTION 1.  Chapter 281, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§281-    Malt beverages; labeling; product placement. (a)  By January 1, 2011, each commission shall adopt rules requiring covered beverage containers to bear a distinctive, uniform, and prominently displayed label, or a firmly affixed sticker to be applied by the manufacturer prior to delivery to the wholesaler, containing the following information:

(1) The alcohol content of the covered beverage; and

(2) The phrase: "Attention: Contains Alcohol";

in a size, format, and form determined by the commission.

(b)  Each commission shall adopt rules establishing product placement requirements designed to minimize consumer confusion in identifying a beverage as alcoholic or nonalcoholic, including:

(1) Restrictions on the placement of covered beverages within a certain proximity of nonalcoholic beverages; and

(2) Mandatory signage posted at retail displays of covered beverages and indicating that the beverages contain alcohol.

(c)  For the purposes of this section, "covered beverage" means any alcoholic beverage sold for consumption within this state as a malt beverage and using a container design that the commission determines may be mistaken by a reasonable person for nonalcoholic beverage products such as energy drinks, colas, sodas, fruit drinks, and gelatins."

     SECTION 2.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

INTRODUCED BY:

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