Report Title:

Coffee labeling

Description:

Amends statutes regulating coffee labeling for locally produced coffee. (HB2169 HD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

2169

TWENTY-FIRST LEGISLATURE, 2002

H.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO COFFEE.

 

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

SECTION 1. Section 486-120.6, Hawaii Revised Statutes is amended to read as follows:

"§486-120.6 [Kona] Hawaii-grown roasted or instant coffee; [minimum content and] labeling requirements. (a) In addition to all other labeling requirements, [all] the identity statement used for labeling or advertising roasted or instant coffee [which is] produced in whole or in part from [Kona] Hawaii-grown green coffee beans shall meet the following requirements:

(1) [Identity] The identity statement[:

(A) Only] for roasted or instant coffee which contains one hundred per cent [Kona] Hawaii-grown coffee by weight [may be labeled or advertised as roasted or instant Kona coffee.

(B) Roasted or instant coffee containing not less than ten per cent but less than one hundred per cent Kona coffee by weight shall be labeled or advertised as "Kona coffee blend", "Kona blend coffee", or "blended Kona coffee". In addition, the following statement shall appear directly below the selected blend wording on the front panel of the label: "contains not less than ten per cent Kona coffee"; however, the actual percentage may be substituted in the statement.

(2)] shall consist of either:

(A) The geographic origin of the Hawaii-grown green coffee beans followed by the word "Coffee"; provided that the geographic origin may be immediately preceded by the term "100%"; or

(B) If the coffee consists of Hawaii-grown coffee from several geographic origins, the per cent coffee by weight of one of the Hawaii-grown coffees used, followed by the geographic origin of the Hawaii-grown green coffee beans used in that Hawaii-grown coffee and the terms "Coffee" and "All Hawaiian";

(2) The identity statement for roasted or instant coffee

consisting of a blend of one or more Hawaii-grown

coffees with coffee not grown in Hawaii shall consist of the per cent coffee by weight of one of the Hawaii- grown coffees used in the blend, followed by the geographic origin of the Hawaii-grown green coffee beans used in that Hawaii-grown coffee and the term "Coffee Blend"; and

(3) Each word or character in the identity statement shall be of the same type size, and contiguous [and]. The smallest letter or character of the identity statement on packages of sixteen ounces or less net weight shall be at least one and one half times the type size required under federal law for the statement of net weight or three sixteenths of an inch in height, whichever is smaller. The smallest letter or character of the identity statement on packages of greater than sixteen ounces net weight shall be at least one and one half times the type size required under federal law for the statement of net weight. The identity statement shall be conspicuously displayed without any intervening material[.] in a position above the statement of net weight. Upper and lower case letters may be used interchangeably in the identity statement.

(b) A listing of the geographic origins of the various Hawaii-grown coffees and the regional origins of the various coffees not grown in Hawaii that are included in a blend may be shown on the label. If used, this list shall consist of the term "Contains:", followed by, in descending order of per cent by weight and separated by commas, the respective geographic origin or regional origin of the various coffees in the blend that the manufacturer chooses to list. Each geographic origin or regional origin may be preceded by the per cent of coffee by weight represented by that geographic origin or regional origin expressed as a number followed by the per cent sign. The type size used for this list shall not exceed half that of the identity statement. This list shall appear below the identity statement if included on the front panel of the label.

[(b)](c) It shall be a violation of this section:

(1) To use [the term "Kona coffee", "100% Kona coffee",] the identity statement specified in section (a)(1)(A) or similar terms in labeling or advertising unless the package of roasted or instant coffee contains one hundred per cent [Kona] coffee[.] from that one geographic origin;

(2) To use [the term "Kona"] a geographic origin in labeling or advertising, including in conjunction with a coffee style or in any other manner, if the roasted or instant coffee contains less than ten per cent [Kona] coffee by weight[.] from that geographic origin;

(3) To use a geographic origin in advertising roasted or instant coffee, including in conjunction with a coffee style or any other manner, without disclosing the percentage of coffee used from that geographic origin as described in section (a)(1)(B) and (2);

(4) To use a geographic origin in labeling or advertising a roasted or instant coffee, including in conjuction with a coffee style or any other manner, if the green coffee beans used in that roasted or instant coffee do not meet the grade standard requirements of rules adopted under chapter 147;

(5) To misrepresent, on a label or in advertising of a roasted or instant coffee, the per cent coffee by weight of any coffee from a geographic origin or regional origin; or

(6) To use the term "All Hawaiian" on a label or in advertising of a roasted or instant coffee if the roasted or instant coffee is not produced entirely from green coffee beans produced in geographic origins defined in this chapter.

(d) Roasters, manufacturers, or other persons who package

roasted or instant coffee covered by this section shall

maintain, for a period of two years, records on the volume and

geographic origin or regional origin of coffees purchased and

sold, and any other records required by the department for the

purpose of enforcing this section. Authorized employees of the

department shall have access to these records during normal

business hours.

[(c)](e) For the purpose of this section:

[(1) "Kona coffee"] "Geographic origin" means [coffee that

is grown in] the [geographical] geographic regions [identified

as North Kona and South Kona districts on the island of Hawaii

and which meets the grade standard requirements as] of

production of Hawaii-grown green coffee beans as defined in

rules adopted under chapter 147[.]; provided that the term

"Hawaiian" may be substituted for the geographic origin

"Hawaii".

[(2)] "Per cent [Kona] coffee by weight" means the

percentage calculated by dividing the weight in pounds of

roasted [Kona] green coffee beans of one geographic or regional

origin used in a production run of roasted or instant coffee,

by the total weight in pounds of the roasted green coffee beans

used in that production run of roasted or instant coffee, and

multiplying the quotient by one hundred."

SECTION 2. Manufacturers, roasters, and other persons having existing supplies of labels that are not in compliance with this Act shall be exempted from the provisions of this Act for up to one year after the effective date of this Act.

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

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