Hawaii 2024 Regular Session

Hawaii Senate Bill SB1487 Compare Versions

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

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1	1	THE SENATE S.B. NO. 1487 THIRTY-SECOND LEGISLATURE, 2023 STATE OF HAWAII A BILL FOR AN ACT relating to mĀmaki tea. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	THE SENATE S.B. NO. 1487
4	4	THIRTY-SECOND LEGISLATURE, 2023
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7	7	THE SENATE
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9	9	S.B. NO.
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11	11	1487
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13	13	THIRTY-SECOND LEGISLATURE, 2023
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	relating to mĀmaki tea.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	SECTION 1. The legislature finds that māmaki is a plant that is endemic to the Hawaiian islands, meaning that the Hawaiian islands are the only place in the world where māmaki grows naturally. Māmaki is found across the entire Hawaiian island chain from Kauai to Hawaii island and flourishes at an elevation between four hundred feet to over six thousand feet. The legislature further finds that māmaki tea is a growing agricultural commodity. To ensure the viability of Hawaii-grown māmaki tea, labeling requirements should be implemented. The purpose of this Act is to protect Hawaii-grown māmaki tea by: (1) Imposing labeling requirements for māmaki tea grown in the State; and (2) Appropriating funds to the department of agriculture for purposes of administering the māmaki tea labeling requirements. SECTION 2. Chapter 486, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§486- Mamaki tea; labeling requirements. (a) If a label on a consumer package contains language that all of the mamaki tea contained in the package was grown in Hawaii, the label shall be worded, "100% Hawaii-Grown Mamaki Tea", "Hawaii-Grown Mamaki Tea", "100% Hawaiian Mamaki Tea", or "Hawaiian Mamaki Tea", 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 mamaki tea contained in the package was grown in Hawaii, the label shall be worded "Hawaii-Grown Mamaki Tea", preceded by the per cent by weight of the mamaki tea contained in the package that was grown in Hawaii, and shall appear on the principal display panel of the package. The per cent by weight of the mamaki tea in the package shall be the percentage calculated by dividing the weight in ounces of the mamaki tea grown in Hawaii that is in the package by the weight in ounces of all mamaki tea in the package and multiplying the quotient by one hundred. (c) All nonconsumer packages containing mamaki tea grown in the State and introduced into intrastate or interstate commerce shall bear on the package a label containing language that the package contains Hawaii-grown mamaki tea. 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 mamaki tea product, which represents or which is branded or labeled that all or a percentage or portion of the mamaki tea was grown in Hawaii, shall make available to the administrator, upon demand, documented proof that the amount of mamaki tea represented to be grown in the State, was grown in the State. (e) It shall be a violation of this section: (1) To use a label containing the words, "100% Hawaii-Grown Mamaki Tea", "Hawaii-Grown Mamaki Tea", "100% Hawaiian Mamaki Tea", or "Hawaiian Mamaki Tea", or similar wording, or to otherwise represent that all of the mamaki tea in the package was grown in Hawaii, if any portion of the mamaki tea contained in the package was not grown in the State; (2) To use a label, as provided for under subsection (b), containing the words "Hawaii-Grown Mamaki Tea" preceded by a percentage, if less than the specified percentage or none of the mamaki tea in the package was grown in the State; or (3) To use a label representing that any of the mamaki tea contained in the package was grown in the State, if none of the mamaki tea contained in the package was grown in the State. (f) Any person who violates this section shall be subject to penalties under section 486-32." SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 for the purpose of administering the mamaki tea labeling requirements imposed by this Act. The sums appropriated shall be expended by the department of agriculture for the purposes of this Act. SECTION 4. New statutory material is underscored. SECTION 5. This Act shall take effect on July 1, 2023. INTRODUCED BY: _____________________________
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49	49	SECTION 1. The legislature finds that māmaki is a plant that is endemic to the Hawaiian islands, meaning that the Hawaiian islands are the only place in the world where māmaki grows naturally. Māmaki is found across the entire Hawaiian island chain from Kauai to Hawaii island and flourishes at an elevation between four hundred feet to over six thousand feet.
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51	51	The legislature further finds that māmaki tea is a growing agricultural commodity. To ensure the viability of Hawaii-grown māmaki tea, labeling requirements should be implemented.
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53	53	The purpose of this Act is to protect Hawaii-grown māmaki tea by:
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55	55	(1) Imposing labeling requirements for māmaki tea grown in the State; and
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57	57	(2) Appropriating funds to the department of agriculture for purposes of administering the māmaki tea labeling requirements.
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59	59	SECTION 2. Chapter 486, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
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61	61	"§486- Mamaki tea; labeling requirements. (a) If a label on a consumer package contains language that all of the mamaki tea contained in the package was grown in Hawaii, the label shall be worded, "100% Hawaii-Grown Mamaki Tea", "Hawaii-Grown Mamaki Tea", "100% Hawaiian Mamaki Tea", or "Hawaiian Mamaki Tea", and shall appear on the principal display panel of the package.
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63	63	(b) If a label on a consumer package contains language that a portion of the mamaki tea contained in the package was grown in Hawaii, the label shall be worded "Hawaii-Grown Mamaki Tea", preceded by the per cent by weight of the mamaki tea contained in the package that was grown in Hawaii, and shall appear on the principal display panel of the package. The per cent by weight of the mamaki tea in the package shall be the percentage calculated by dividing the weight in ounces of the mamaki tea grown in Hawaii that is in the package by the weight in ounces of all mamaki tea in the package and multiplying the quotient by one hundred.
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65	65	(c) All nonconsumer packages containing mamaki tea grown in the State and introduced into intrastate or interstate commerce shall bear on the package a label containing language that the package contains Hawaii-grown mamaki tea. This label shall be in addition to all other labeling requirements specified in this chapter.
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67	67	(d) Any person keeping, offering, displaying, exposing for sale, or soliciting for sale, any mamaki tea product, which represents or which is branded or labeled that all or a percentage or portion of the mamaki tea was grown in Hawaii, shall make available to the administrator, upon demand, documented proof that the amount of mamaki tea represented to be grown in the State, was grown in the State.
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69	69	(e) It shall be a violation of this section:
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71	71	(1) To use a label containing the words, "100% Hawaii-Grown Mamaki Tea", "Hawaii-Grown Mamaki Tea", "100% Hawaiian Mamaki Tea", or "Hawaiian Mamaki Tea", or similar wording, or to otherwise represent that all of the mamaki tea in the package was grown in Hawaii, if any portion of the mamaki tea contained in the package was not grown in the State;
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73	73	(2) To use a label, as provided for under subsection (b), containing the words "Hawaii-Grown Mamaki Tea" preceded by a percentage, if less than the specified percentage or none of the mamaki tea in the package was grown in the State; or
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75	75	(3) To use a label representing that any of the mamaki tea contained in the package was grown in the State, if none of the mamaki tea contained in the package was grown in the State.
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77	77	(f) Any person who violates this section shall be subject to penalties under section 486-32."
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79	79	SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 for the purpose of administering the mamaki tea labeling requirements imposed by this Act.
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81	81	The sums appropriated shall be expended by the department of agriculture for the purposes of this Act.
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83	83	SECTION 4. New statutory material is underscored.
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85	85	SECTION 5. This Act shall take effect on July 1, 2023.
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89	89	INTRODUCED BY: _____________________________
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91	91	INTRODUCED BY:
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93	93	_____________________________
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99	99	Report Title: Mamaki Tea; Labeling Requirements; Department of Agriculture; Appropriation Description: Imposes labeling requirements for mamaki tea grown in the State. Appropriates funds to the department of agriculture to administer the mamaki tea labeling requirements. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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105	105	Report Title:
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107	107	Mamaki Tea; Labeling Requirements; Department of Agriculture; Appropriation
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111	111	Description:
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113	113	Imposes labeling requirements for mamaki tea grown in the State. Appropriates funds to the department of agriculture to administer the mamaki tea labeling requirements.
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121	121	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.