REPORT TITLE:
Labeling, Aquatic Food


DESCRIPTION:
Requires proper labeling of aquatic food grown, manufactured,
significantly processed, or landed in Hawaii.  (SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        454
THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO LABELING.



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

 1      SECTION 1.  Chapter 486, Hawaii Revised Statutes, is amended
 
 2 by adding a new section to be appropriately designated and to
 
 3 read as follows:
 
 4      "�486-    Aquatic food; labels.  (a)  For the purpose of
 
 5 this section:
 
 6      "Aquatic food" means any fish, crustacean, mollusk,
 
 7 gastropod, echinoderm, or aquatic plant intended for human
 
 8 consumption.
 
 9      "Hawaiian name" means any word or phrase that is part of the
 
10 Hawaiian language.
 
11      "Landed" means brought ashore at a port or harbor.
 
12      "Restaurant" means any food service establishment that
 
13 serves meals or food for on-site or off-site consumption and that
 
14 is authorized by the department of health to operate as a food
 
15 service establishment.
 
16      "Retail store" means any establishment organized for
 
17 retailing goods including but not limited to food and grocery
 
18 stores.
 
19      "Wholesaler" means any person who buys or sells aquatic food
 

 
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 1 or aquatic products in trade channels other than retail.
 
 2      (b)  No person shall knowingly keep, display, expose for
 
 3 sale, or solicit for the sale of any aquatic food that
 
 4 misrepresents the origin of the aquatic food as being grown,
 
 5 manufactured, significantly processed, or landed in the State.
 
 6      (c)  It shall be unlawful to knowingly sell, offer to sell,
 
 7 or expose for sale, to a wholesaler, retail store, or consumer,
 
 8 any aquatic food that has been grown, manufactured, significantly
 
 9 processed, or landed at any location outside of the State and is
 
10 labeled using a Hawaiian name, except:
 
11      (1)  For products that qualify as Hawaii-made under section
 
12           486-119; or
 
13      (2)  Unless the term "imported" or the region of origin
 
14           precedes the Hawaiian name.
 
15      (d)  It shall be unlawful for a restaurant to knowingly sell
 
16 or offer to sell, or expose for sale, any aquatic food using a
 
17 Hawaiian name that has been grown, manufactured, significantly
 
18 processed, or landed at any location outside of the State,
 
19 except:
 
20      (1)  For products that qualify as Hawaii-made under section
 
21           486-119; or
 
22      (2)  Unless the term "imported" or the region of origin
 
23           precedes the Hawaiian name.
 

 
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 1      (e)  Any person who violates this section shall be fined not
 
 2 less than $5,000 for each separate offense."
 
 3      SECTION 2.  This Act does not affect rights and duties that
 
 4 matured, penalties that were incurred, and proceedings that were
 
 5 begun, before its effective date.
 
 6      SECTION 3.  New statutory material is underscored.
 
 7      SECTION 4.  This Act shall take effect upon its approval.