STAND. COM. REP. NO.  1172

Honolulu, Hawaii

                , 2011

RE:   S.B. No. 1086

      S.D. 1

      H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

Sir:

     Your Committee on Health, to which was referred S.B. No. 1086, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO CONSUMER INFORMATION,"

begs leave to report as follows:

     The purpose of this bill is to allow bread to be labeled as "fresh" only if the product has never been frozen prior to retail sale and to require previously frozen sliced, sandwich-style bread to be labeled as such.

     The ILWU Local 142; Hawai‘i Alliance for Retired Americans; Screen Actors Guild Hawai‘i; Hawaii Government Employees Association, AFSCME Local 152, AFL-CIO; Hawaii Ports Maritime Council, AFL-CIO; Hawaii Laborers' Union; and voluminous concerned individuals testified in support of this bill.

     The Department of Health; J. Hara Store; Fresh Start Bakeries; Standard Bakery; Ani's Bake Shop; Watanabe Bakery LLC; Safeway; Grocery Manufacturers Association; Times Supermarket; Hawaii Foodservice Alliance LLC; Retail Merchants of Hawaii; Mountain View Mini Mart; Golden Coin Food Industries; United General Bakery dba Upper Crust Bakery USA; Hawaiian Isle Distributors; Frankie's Cafe; Kilauea General Store; Island Catering; Gold Coast Baking Company; Kahului Trucking & Storage, Inc.; Pukalani Superette; Mr. Sub Sandwiches; Kaimomi Distributing Moloka‘i; Hirano Store; Lava Rock Cafe; Punalu‘u Bake Shop; Menehune Bottled Water Company Inc.; Takata Store; Four Seasons Resort Maui at Wailea; Big Island Ohana Cafe; Ocean View Store; Waianae Store; Kalapana Village Cafe; and voluminous concerned individuals opposed this measure.

     Your Committee has amended this bill by:

     (1)  Expanding use of the term "fresh" to all baked goods that have never been frozen;

     (2)  Removing the requirement that applicable sliced, sandwich-style bread be labeled "previously frozen";

     (3)  Requiring identifying signs to be placed in grocers and wholesale clubs that sell or offer to sell previously frozen baked goods; and

     (4)  Making technical, nonsubstantive amendments for clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Health that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1086, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1086, S.D. 1, H.D. 1, and be referred to the Committee on Consumer Protection & Commerce.

Respectfully submitted on behalf of the members of the Committee on Health,

____________________________

RYAN I. YAMANE, Chair