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THE SENATE |
S.B. NO. |
129 |
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THIRTY-THIRD LEGISLATURE, 2025 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO LABELING REQUIREMENTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
According to statistics from the United States Department of Commerce, the annual dockside value of commercial yellowfin and bigeye tuna (marked as ahi) landed in Hawaii's ports is around $100,000,000, making tuna the highest valued food commodity produced in the State. Even with these impressive landings, previously frozen and carbon monoxide-treated foreign imported tuna dominates sales at local retail establishments. Due to a loophole in federal country of origin labeling requirements for seafood, retail establishments are not providing consumers with information on where the ahi tuna originates. The legislature is therefore concerned that most consumers that buy ahi at local retail establishments falsely believe that previously frozen, gas-treated ahi is caught by Hawaii fisheries.
Moreover, the legislature further notes
that the majority of raw ahi sold at local retail establishments is in the form
of poke and sushi products. Consumers of
poke are commonly subjected to misleading advertisements and in-store
terminology, such as "prepared fresh", "freshly made", and
"locally made", while the ahi used to prepare the poke is foreign-sourced,
previously frozen, gas-treated, and imported in pre-cut cubes.
Accordingly, the purpose of this Act is to extend country of origin labeling requirements for certain ahi tuna products at Hawaii retail establishments.
SECTION 2. Chapter 486, Hawaii Revised Statutes, is amended by adding a new section to part V to be appropriately designated and to read as follows:
"§486- Raw
ahi; ahi poke; processed ahi; labeling requirements; country of origin; retail
establishments. (a) No
retail establishment shall keep, offer, display, expose for sale,
or solicit for the sale of any raw ahi, including ahi poke, processed ahi, or
any raw ahi that has been combined, mixed, marinated, or otherwise prepared for
human consumption, without a label stating the country in which the ahi was
landed.
(b) For the purposes of this section:
"Ahi"
means yellowfin tuna or bigeye tuna, including those that meet the definition
of:
(1) "Wild
fish and shellfish" as defined in title 7 Code of Federal Regulations
section 60.133, as amended; or
(2) "Farm-raised
fish" has the same meaning as defined in title 7 Code of Federal
Regulations section 60.106, as amended.
"Ahi poke" means cubed, cut,
or sliced raw ahi mixed with other ingredients, including but not limited to
seasonings and vegetables.
"Processed ahi" means a retail
item derived from ahi that has undergone specific processing resulting in a
change in the character of the ahi, or that has been combined with at least one
other substantive food component, except that the addition of a component that
enhances or represents a further step in the preparation of the product for
consumption would not in itself result in a processed food item, and does not
mean canned tuna.
"Retail
establishment" means an establishment licensed under the Perishable
Agricultural Commodities Act of 1930, which includes any retail establishment
that purchases over $230,000 of fresh or frozen produce per calendar year."
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 2050.
Report Title:
Uniform Packaging and Labeling; Food Labeling; Country of Origin; Raw Ahi; Ahi Poke; Processed Ahi
Description:
Prohibits the sale of raw ahi, including ahi poke or processed ahi, in retail establishments without a label that states the country where the ahi was landed. Effective 7/1/2050. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.