THE SENATE

S.B. NO.

1040

TWENTY-EIGHTH LEGISLATURE, 2015

S.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO FARMERS' MARKETS.

 

 

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

 


     SECTION 1.  Farmers' markets play an important role in Hawaii's communities by establishing and maintaining connections between consumers and local farms.  Moreover, the consumption of locally-produced agricultural products, when practicable, contributes significantly towards the goal set forth by the Hawaii 2050 Sustainability Plan to "increase production and consumption of local foods and products, particularly agricultural products".

     There have been instances, however, where outdoor markets purporting to be local farmers' markets sell imported agricultural products or agricultural products bought from wholesalers.  Further, vendors are not required to disclose a product's geographic source of origin, thereby potentially misleading unassuming consumers.

     The purpose of this Act is to require that all fresh produce sold at farmers' markets is displayed with a sign or label declaring the produce's geographic origin.

     SECTION 2.  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-    Farmers' markets; geographic origin of fresh produce.  (a)  All fresh produce sold in a farmers' market shall be displayed with a label or sign that contains an identity statement declaring the produce's geographic origin.  Each word or character in the identity statement shall be of the same type size and shall be contiguous.  The identity statement shall be reasonably sized and conspicuously displayed near the produce being sold.

     (b)  It shall be a violation of this chapter to:

     (1)  Misrepresent on a label, on a sign, in an identity statement, or in advertising of fresh produce in a farmers' market the geographic origin of the fresh produce; or

     (2)  Display, advertise, or sell fresh produce at a farmers' market without a conspicuously displayed label or sign containing an identity statement pursuant to this section.

     (c)  Sellers shall maintain, for a period of at least two years, records on the volume and geographic origin of fresh produce 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 the records during normal business hours.

     (d)  For purposes of this section:

     "Farmers' market" means a market where farmers sell their products directly to consumers and includes any market that represents or advertises itself as a farmers' market.

     "Geographic origin" means the geographic region or regions in which the fresh produce was grown and shall include the country of origin, if the produce was grown outside the United States, or the state of origin, if the produce was grown in the United States."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  New statutory material is underscored.

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

 


 


 

Report Title:

Department of Agriculture; Labeling; Farmers' Markets; Fresh Produce; Geographical Origin

 

Description:

Requires all fresh produce sold at farmers' markets to be displayed with a label or sign containing an identity statement declaring the produce's geographic origin.  (SD1)

 

 

 

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