HOUSE OF REPRESENTATIVES

H.B. NO.

2633

TWENTY-EIGHTH LEGISLATURE, 2016

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to product labeling.

 

 

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

 


     SECTION 1.  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-    Hawaiian sea salt; alaea salt; labeling requirements.  (a)  If a label on a consumer package contains language that all of the sea salt or red alaea volcanic clay contained in the package was produced in Hawaii, the label shall be worded, "100% Hawaiian Sea Salt", "100% Alaea Salt", or "100% Hawaiian Salt", and shall appear on the principal display panel of the package.

     (b)  If a label on a consumer package contains language that a portion of the sea salt or red alaea volcanic clay contained in the package was produced in Hawaii, the label shall be worded "Hawaiian Sea Salt", "Alaea Salt", or "Hawaiian Salt", preceded by the per cent by weight of the sea salt or red alaea volcanic clay contained in the package that was produced in Hawaii, and shall appear on the principal display panel of the package.  The per cent by weight of the sea salt or red alaea volcanic clay in the package shall be the percentage calculated by dividing the weight in pounds of the sea salt or red alaea volcanic clay produced in Hawaii that is in the package by the weight in pounds of all sea salt or red alaea volcanic clay in the package and multiplying the quotient by one hundred.

     (c)  All nonconsumer packages containing sea salt or red alaea volcanic clay produced in the State and introduced into intrastate or interstate commerce shall bear on the package a label containing language that the package contains Hawaii-produced sea salt or Hawaii-produced red alaea volcanic clay.  This label shall be in addition to all other labeling requirements specified in this chapter.

     (d)  Any person keeping, offering, displaying, exposing for sale, or soliciting for sale, any sea salt or red alaea volcanic clay that represents or that is branded or labeled that all or a percentage or portion of the sea salt or red alaea volcanic clay was produced in Hawaii, shall make available to the administrator, upon demand, documented proof that the amount of sea salt or red alaea volcanic clay represented to be produced in the State, was produced in the State.

     (e)  It shall be a violation of this part:

     (1)  To use a label containing the words, "100% Hawaiian Sea Salt", "100% Alaea Salt", or "100% Hawaiian Salt", or similar wording, or to otherwise represent that all of the sea salt or red alaea volcanic clay in the package was produced in Hawaii, if any portion of the sea salt or red alaea volcanic clay contained in the package was not produced in the State;

     (2)  To use a label, as provided for under subsection (b), containing the words "Hawaiian Sea Salt", "Alaea Salt", or "Hawaiian Salt", preceded by a percentage, if less than the specified percentage or none of the sea salt or red alaea volcanic clay in the package was produced in the State; or

     (3)  To use a label representing that any of the sea salt or red alaea volcanic clay contained in the package was produced in the State, if none of the sea salt or red alaea volcanic clay contained in the package was produced in the State.

     (f)  Any person who violates this section shall be subject to penalties under section 486-32."

     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.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

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Report Title:

Hawaiian Sea Salt; Alaea Salt; Product Labeling

 

Description:

Establishes product labeling standards for products purporting to be Hawaiian sea salt or alaea salt.

 

 

 

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