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(1) Require any person involved in the manufacture, processing, production,
<br /> assembly, fabrication, or importation of a specified consumer commodity
<br /> to keep and make available for inspection or copying by the administrator
<br /> adequate records to substantiate the source of the consumer commodity, or
<br /> in the case of blends, the source of such constituents, as may be required
<br /> by the board;
<br /> (2) Establish fanciful names or terms, and in the case of blends, minimum
<br /> constituent content by weight, to be used in labeling to differentiate a
<br /> specific consumer commodity from an imitation or look-alike; and
<br /> (3) Establish requirements to reconcile the respective volumes of specific
<br /> consumer commodities received versus the total amounts output, either as
<br /> whole or processed product or as blends.
<br /> In addition, the board may adopt other rules as it deems necessary for the correct
<br /> and informative labeling of consumer commodities."
<br /> WHEREAS, HRS, Section 486-119, Hawai`i-made products; Hawai`i-processed
<br /> products, states (underscoring provided for emphasis only):
<br /> "§486-119 Hawaii-made products; Hawaii-processed products. (a) No person
<br /> shall keep, offer, display or expose for sale, or solicit for the sale of any item, product,
<br /> souvenir, or any other merchandise that is labeled "made in Hawaii" or that by any other
<br /> means misrepresents the origin of the item as being from any place within the State, or
<br /> uses the phrase "made in Hawaii" as an advertising or media tool for any craft item that
<br /> has not been manufactured, assembled, fabricated, or produced within the State and that
<br /> has not had at least fifty-one per cent of its wholesale value added by manufacture,
<br /> assembly, fabrication, or production within the State.
<br /> (b) Subsection (a) notwithstanding, no person shall keep, offer, display, expose for
<br /> sale, or solicit the sale of any perishable consumer commodity that is labeled "made in
<br /> Hawaii", "produced in Hawaii", or"processed in Hawaii" or that by any other means
<br /> represents the origin of the perishable consumer commodity as being from any place
<br /> within the State, or use the phrase "made in Hawaii", "produced in Hawaii", or
<br /> "processed in Hawaii" as an advertising or media tool for any perishable consumer
<br /> commodity, unless the perishable consumer commodity is wholly or partially
<br /> manufactured, processed, or produced within the State from raw materials that originate
<br /> from inside or outside the State and at least fifty-one per cent of the wholesale value of
<br /> the perishable consumer commodity is added by manufacture, processing, or production
<br /> within the State."
<br /> WHEREAS, HRS, Section 486-120, "Island fresh" milk, states in part that
<br /> (underscoring provided for emphasis only): "(a) No person shall keep, offer, display, expose for
<br /> sale, or solicit for the sale of any processed milk or milk product which is labeled with the term
<br /> "island fresh", or like terms, or which by any other means misrepresents the origin of the item as
<br /> being from any place within the State unless the processed milk or milk product has been at least
<br /> ninety per cent, by weight, produced in the State."
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