RES 159 Draft 01 2010-2012 - Laserfiche WebLink

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COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 159 11 A RESOLUTION URGING THE HAWAII STATE LEGISLATURE TO REVISE AND CLARIFY AGRICULTURAL PRODUCT BRANDING AND COUNTRY OR REGION OF ORIGIN LABELING, AS PROVIDED IN CHAPTER 486 OF THE HAWAII REVISED STATUTES. WHEREAS, Hawai`i Revised Statutes (hereinafter "HRS "), Section 486 -1 states in the definition of "misbranded" that such term includes (underscoring provided for emphasis only): (1) False, incomplete, incorrect, or misleading labeling; (2) Misrepresentation as to the identity, quantity, quality, or point of origin; (3) Misrepresentation as to the principal place of business of the manufacturer, packer, or distributor; (4) Misrepresentation by vignette, pictorial display, identifiable geographical location, or by any term, word, or phrase in juxtaposition to any other information associated with, labeled on, or accompanying the consumer commodity which falsely alludes to a specific point of origin, a general locale such as a state, or to historical usage by a people; (5) Misrepresentation as to originality or creativity; (6) Misrepresentation of the consumer commodity as an imitation of another or as an imitation of a generic product; and Misrepresentation in any other manner tending to confuse the prospective purchaser. (7) WHEREAS, HRS, Section 486 -1 provides the following definition for "perishable consumer commodity" (underscoring provided for emphasis only): " "Perishable consumer commodity" means any article, product, good, or agricultural commodity of any kind that is customarily produced or distributed for sale through mercantile or retail sales outlets; is intended for consumption as food or use by individuals for the purposes of personal care or in the performance of services ordinarily rendered in or about the household or in connection with personal possessions; and is intended to have a limited shelf life. "Perishable consumer commodity" includes, but is not limited to, baked goods, dairy products, cut or dried flowers, coffee, candy, cookies, jam, jelly, juices, oils, nuts, or similar products."