Hawaii 2022 Regular Session

Hawaii Senate Bill SCR113 Compare Versions

Only one version of the bill is available at this time.

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1	1	THE SENATE S.C.R. NO. 113 THIRTY-FIRST LEGISLATURE, 2022 STATE OF HAWAII SENATE CONCURRENT RESOLUTION requesting the department of the attorney general; department of business, economic development, and tourism; and department of agriculture to develop recommendations of a system for protecting hawaii's regional names from deceptive use in the marketing of products not grown or made in hawaii.
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3	3	THE SENATE S.C.R. NO. 113
4	4	THIRTY-FIRST LEGISLATURE, 2022
5	5	STATE OF HAWAII
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7	7	THE SENATE
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9	9	S.C.R. NO.
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11	11	113
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13	13	THIRTY-FIRST LEGISLATURE, 2022
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17	17	STATE OF HAWAII
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29	29	SENATE CONCURRENT
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31	31	RESOLUTION
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37	37	requesting the department of the attorney general; department of business, economic development, and tourism; and department of agriculture to develop recommendations of a system for protecting hawaii's regional names from deceptive use in the marketing of products not grown or made in hawaii.
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43	43	WHEREAS, the fame and favorable reputation of Hawaii, its islands, and its geographic regions have great appeal for consumers in the State, in the United States, and throughout the world; and WHEREAS, Hawaii's fame and reputation generate consumer demand and willingness to pay premium prices for agricultural products, crafts, art, clothing, and other goods believed to be grown or produced in Hawaii; and WHEREAS, other states in the United States and regions around the world have enacted laws and enforcement systems to protect their producers from deceptive and fraudulent use of their regional or national identities in the marketing of goods; and WHEREAS, two examples of such protection systems developed in other states and countries are: (1) France's prohibition and usage of the name "Champagne" on bottles of sparkling wine not containing one hundred percent wine from grapes grown in the Champagne region; and (2) Legal actions taken by Idaho against marketers in Idaho and in other states that use the "Idaho" name on packages not containing one hundred percent Idaho-grown potatoes; and WHEREAS, in contrast, for thirty years, Hawaii has been the only region anywhere in the world to permit by law the use of its regional names of one of the State's premier agricultural products, coffee, with only ten percent genuine content from the named region; and WHEREAS, in addition to coffee, marketers use Hawaii names and symbols to mislead consumers to believe that crafts, clothing, other agricultural products, and other goods produced outside of Hawaii are made in Hawaii; and WHEREAS, by way of example of the need for Hawaii to join the rest of the world in protecting its farmers and producers, the Legislature adopted Senate Concurrent Resolution No. 102, Senate Draft 1, House Draft 1, Regular Session of 2007, which found that labeling requirements for Kona coffee causes consumer fraud and confusion and degrades the "Kona coffee" name; and WHEREAS, despite the stance of the Legislature, the State has failed to make corrective changes to the ten percent Hawaii coffee blend labeling law in the subsequent fifteen years; and WHEREAS, Hawaii urgently needs to take affirmative steps to provide needed protections for its farmers, artisans, and other producers; now, therefore, BE IT RESOLVED by the Senate of the Thirty-first Legislature of the State of Hawaii, Regular Session of 2022, the House of Representatives concurring, that the Department of the Attorney General; Department of Business, Economic Development, and Tourism; and Department of Agriculture are requested to jointly develop recommendations to protect the economic interests of Hawaii producers and to protect consumers against misleading marketing of products and goods not produced in Hawaii by deceptive use of Hawaii names and symbols; and BE IT FURTHER RESOLVED that the Department of the Attorney General; Department of Business, Economic Development, and Tourism; and Department of Agriculture are requested to submit a report of their findings and recommendations, including any proposed legislation, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2023; and BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Hawaii Attorney General; Director of Business, Economic Development, and Tourism; and Chairperson of the Board of Agriculture. OFFERED BY: _____________________________ Report Title: Department of Business Economic Development and Tourism; Department of Agriculture; Department of the Attorney General; Hawaii-made Products; Hawaii Names; Hawaii Symbols
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45	45	WHEREAS, the fame and favorable reputation of Hawaii, its islands, and its geographic regions have great appeal for consumers in the State, in the United States, and throughout the world; and
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49	49	WHEREAS, Hawaii's fame and reputation generate consumer demand and willingness to pay premium prices for agricultural products, crafts, art, clothing, and other goods believed to be grown or produced in Hawaii; and
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53	53	WHEREAS, other states in the United States and regions around the world have enacted laws and enforcement systems to protect their producers from deceptive and fraudulent use of their regional or national identities in the marketing of goods; and
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57	57	WHEREAS, two examples of such protection systems developed in other states and countries are:
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61	61	(1) France's prohibition and usage of the name "Champagne" on bottles of sparkling wine not containing one hundred percent wine from grapes grown in the Champagne region; and
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65	65	(2) Legal actions taken by Idaho against marketers in Idaho and in other states that use the "Idaho" name on packages not containing one hundred percent Idaho-grown potatoes; and
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69	69	WHEREAS, in contrast, for thirty years, Hawaii has been the only region anywhere in the world to permit by law the use of its regional names of one of the State's premier agricultural products, coffee, with only ten percent genuine content from the named region; and
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73	73	WHEREAS, in addition to coffee, marketers use Hawaii names and symbols to mislead consumers to believe that crafts, clothing, other agricultural products, and other goods produced outside of Hawaii are made in Hawaii; and
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77	77	WHEREAS, by way of example of the need for Hawaii to join the rest of the world in protecting its farmers and producers, the Legislature adopted Senate Concurrent Resolution No. 102, Senate Draft 1, House Draft 1, Regular Session of 2007, which found that labeling requirements for Kona coffee causes consumer fraud and confusion and degrades the "Kona coffee" name; and
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81	81	WHEREAS, despite the stance of the Legislature, the State has failed to make corrective changes to the ten percent Hawaii coffee blend labeling law in the subsequent fifteen years; and
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85	85	WHEREAS, Hawaii urgently needs to take affirmative steps to provide needed protections for its farmers, artisans, and other producers; now, therefore,
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89	89	BE IT RESOLVED by the Senate of the Thirty-first Legislature of the State of Hawaii, Regular Session of 2022, the House of Representatives concurring, that the Department of the Attorney General; Department of Business, Economic Development, and Tourism; and Department of Agriculture are requested to jointly develop recommendations to protect the economic interests of Hawaii producers and to protect consumers against misleading marketing of products and goods not produced in Hawaii by deceptive use of Hawaii names and symbols; and
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93	93	BE IT FURTHER RESOLVED that the Department of the Attorney General; Department of Business, Economic Development, and Tourism; and Department of Agriculture are requested to submit a report of their findings and recommendations, including any proposed legislation, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2023; and
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97	97	BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Hawaii Attorney General; Director of Business, Economic Development, and Tourism; and Chairperson of the Board of Agriculture.
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105	105	OFFERED BY: _____________________________
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109	109	OFFERED BY:
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111	111	_____________________________
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117	117	Report Title:
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119	119	Department of Business Economic Development and Tourism; Department of Agriculture; Department of the Attorney General; Hawaii-made Products; Hawaii Names; Hawaii Symbols