THE SENATE S.R. NO. 100 THIRTY-FIRST LEGISLATURE, 2022 STATE OF HAWAII SENATE 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.
THE SENATE S.R. NO. 100
THIRTY-FIRST LEGISLATURE, 2022
STATE OF HAWAII
THE SENATE
S.R. NO.
100
THIRTY-FIRST LEGISLATURE, 2022
STATE OF HAWAII
SENATE 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.
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, 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 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
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, 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 Resolution be transmitted to the Hawaii Attorney General; Director of Business, Economic Development, and Tourism; and Chairperson of the Board of Agriculture.
OFFERED BY: _____________________________
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