RES 287 Draft 01 2010-2012 - Laserfiche WebLink

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WHEREAS, HRS, Section 486-120.5, Macadamia nuts; labeling requirements, subsection (b), states in part that (underscoring provided for emphasis only): "If a label on a consumer package contains language that a portion of the raw or processed macadamia nuts contained in the package was grown in Hawaii, the label shall be worded "Hawaii-Grown Macadamia Nuts",preceded by the per cent by weight of the macadamia nuts contained in the package that were grown in Hawaii, and shall appear on the principal display panel of the package." WHEREAS, HRS, Section 486-120.6, Hawai`i-grown roasted or instant coffee; labeling requirements, states in part that (underscoring provided for emphasis only): "(a) In addition to all other labeling requirements, the identity statement used for labeling or advertising roasted or instant coffee produced in whole or in part from Hawaii-grown green coffee beans shall meet the following requirements: (2) For roasted or instant coffee consisting of a blend of one or more Hawaii- grown coffees and coffee not grown in Hawaii, the per cent coffee by weight of one of the Hawaii-grown coffees used in the blend, followed by the geographic origin of the weight-specified coffee and the term "Coffee Blend"; and "(c) "It shall be a violation of this section: (2) To use a geographic origin in labeling or advertising, including in conjunction with a coffee style or in any other manner, if the roasted or instant coffee contains less than ten per cent coffee by weight from that geographic origin." WHEREAS, the practice of protecting milk(90%) but disadvantaging both macadamia nuts (10%) and coffee (10%), as well as many other crops, is discriminatory to the growers of these crops and contradicts several sections of the HRS, such as (underscoring provided for emphasis only): 1. The definition of"misbranding" (HRS 486-1) for providing incomplete information, misrepresentation as to the identity or point of origin, identifiable geographical location, and the historical usage by a people, misrepresentation of the consumer commodity as an imitation of another or as an imitation of a generic product, or misrepresentation in any other manner tending to confuse the prospective purchaser. If country of origin or the majority percentage of the product is not identified on the front label in large font, then the consumer cannot determine if the product meets his or her needs. Therefore, the consumer needs to be protected from misbranding of any food product by identifying the majority of the product by country or region of origin instead of only ten to fifty percent of the product; and 2. The definition of "practices" (HRS 486-1) "to assure that amounts of commodities or services sold are determined in accordance with good commercial practice and are so determined and represented as to be accurate and informative to all parties at interest." If the front label is not informative as to country or region of origin for the majority of the product, the consumer may inadvertently purchase a non-Hawaiian commodity product. Therefore, the consumer as a party at interest needs information to determine what he or she is actually buying on the front label; and 4