HOUSE OF REPRESENTATIVES

H.B. NO.

1932

TWENTY-FIFTH LEGISLATURE, 2010

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO FOOD LABELING.

 

 

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

 


     SECTION 1.  Chapter 328, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

     "§328-A    Illness caused by fish or fish products misbranding; administrative penalties.  (a)  The director may impose administrative fines upon any person whose misbranding of fish or fish products in violation of section 328-6 results in the illness of a consumer of the product; provided that the illness has been certified by a physician licensed under chapter 453.  The fine for a violation under this section shall be a minimum of:

(1)  $      for a first violation;

(2)  $      for a second violation; and

(3)  $      for a third violation.

Any fines collected under this section shall be deposited into the food misbranding special fund established by section 328-B.

     (b)  The penalties under this section are in addition to any other penalties provided by law.

     §328-B    Food misbranding special fund.  (a) There is established the food misbranding special fund to be administered by the department and into which shall be deposited:

     (1)  Legislative appropriations to the special fund;

     (2)  All moneys received by the department from fines imposed under section 328-A;

     (3)  All interest earned or accrued on moneys deposited in the special fund; and

     (4)  Any other moneys made available to the fund.

     (b)  Moneys in the special fund shall be expended to cover all costs associated with carrying out the purpose of section 328-A."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 3.  In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

     SECTION 4.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.



 

 

Report Title:

Fish Labeling; Fines; Special Fund

 

Description:

Provides penalties for the misbranding of fish or fish products that result in consumer illness.  Creates the food misbranding special fund to support Department of Health inspectors investigating incidents of fish or fish products misbranding.  (HB1932 HD1)

 

 

 

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