STAND. COM. REP. NO.684-02

Honolulu, Hawaii

, 2002

RE: H.B. No. 2169

H.D. 2

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Consumer Protection and Commerce, to which was referred H.B. No. 2169, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO COFFEE,"

begs leave to report as follows:

The purpose of this bill is to protect and enhance the marketability of roasted or instant coffee produced in whole or part from Hawaii-grown green coffee beans by:

(1) Clarifying and expanding coffee labeling requirements;

(2) Clarifying coffee labeling definitions and violations; and

(3) Establishing recordkeeping requirements applicable to those who package roasted or instant Hawaii-grown coffee.

Bad Ass Coffee Company, Dragons Lair Kona Coffee Farm, Greenwell Farms, Community Associations Institute, Hawaii Coffee Association, Hawaii Coffee Company, Hawaii Farm Bureau, Kauai Coffee Company, Inc., Kimo Bean Coffee Company Hawaii, Kona Coffee Council, Maui Oma Coffee Roasting Co., Inc., Schooler Farms of Hawaii, and Petersen Marketing testified in support of this measure. The Board of Agriculture commented on this measure.

 

Your Committee finds that coffees from Hawaii geographic regions, other than Kona, are becoming increasingly popular and are gaining recognition in the coffee industry. Protections against false claims of origin, similar to protections afforded to Kona coffee, are necessary to protect the integrity of coffee from other Hawaii regions. Blends of the various Hawaii-grown coffees are also carving new market positions. Standardized labeling criteria will improve consumer confidence in blended products.

This bill expands mandatory labeling requirements, currently restricted to Kona coffee, to roasted and instant coffee from all Hawaii-grown green coffee beans. These requirements are based on truth-in-labeling principles and provide greater flexibility than current law with respect to disseminating information to consumers. Recordkeeping requirements and more clearly defined violations are also included to make it easier for enforcement agencies to ensure compliance.

However, your Committee finds that the current language of this measure creates an unintended loophole that exempts any person who has an existing supply of labels from the law. This is contrary to the intent of the exemption, which is to allow the industry to exhaust existing supplies of labels while prohibiting the printing of new labels that do not conform to the new labeling requirements.

Accordingly, this bill has been amended by:

(1) Clarifying the applicability of the exemption for the use of existing supplies of labels; and

(2) Making other technical, nonsubstantive amendments for purposes of clarity and style.

As affirmed by the record of votes of the members of your Committee on Consumer Protection and Commerce that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2169, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 2169, H.D. 2.

 

 

 

 

 

Respectfully submitted on behalf of the members of the Committee on Consumer Protection and Commerce,

 

_________________________

KENNETH T. HIRAKI, Chair