HomeMy WebLinkAboutCOM 0023.017 2006-2008 r ,
Murashige, Laura ~
From: Bruce Corker [corkclan@msn.com]
Sent: Sunday, December 17, 2006 5:36 PM
To: counciltestimony@co.hawaii.hi.us
Subject: Testimony In Support of Resolution No. 18-06
December 17, 2006
TESTIMONY TO THE HAWAII COUNTY COUNCIL
IN SUPPORT OF RESOLUTION NO. 18-06
My name is Burce Corker. My wife and I grow coffee and avocados on our farm in Holualoa.
I am a founding member of the Kona Coffee Farmers Association, a Board Member of the Kona
Coffee Council, and Vice-President of the Kona Chapter of the Hawaii Tropical Fruit
Growers. For more than 27 years I was a practicing attorney.
In my opinion the greatest long-term threat to the viability of Kona Coffee is the risk
that the current 10% Kona Coffee blend law will cause the Kona Coffee name to become a
"generic style" rather than a "geographic identity".
Many Mainland states and many regions in the world have worked to create and protect
"geographic identities" for their specialty agricultural products.
Washington Apples must be grown in Washington State. Florida Oranges must be grown in
Florida; Vidalia Onions in Georgia; Roquefort Cheese made only in France. By way of
example, when a Boston merchant put Texas onions in bags labeled as "Vidalia Onions", the
Georgia State Attorney General took legal action against the merchant for counterfeiting
Vidalia Onions and the counterfeiting stopped.
By contrast, a "generic style" can be used without limitation. French bread does not have
to come from France- London Dry Gin is a generic style and can be distilled and bottled
anywhere in the world.
Currently, on the Mainland there are many coffee roasters who are counterfeiting Kona
Coffee. They are putting non-Kona grown coffee in bags labeled as "Kona"--often priced at
less than $10/lb. All you have to do is go on the Internet to find these counterfeit Kona
Coffees.
However, when the Hawaii State Attorney General takes legal action against these
counterfeiters, defense lawyers will make the following arguments to
jurors:
"Because the State of Hawaii has so little concern for the "Kona Coffee"
name that it permits the name to be used with only 10~ Kona content,
And because "Kona Coffee" cannot be tasted in a 10~ "Kona Coffee blend",
you, the jurors, should find that "Kona Coffee" is a generic style and you should rule for
the defendant."
If these legal arguments are successful, "Kona Coffee" will become a generic name, Kona
will no longer be considered a specialty coffee, and premium market prices for our crop
will be lost.
Respectfully submitted,
Bruce Corker Comm. IVO.
Po Box 417 Ref. ToP~ms
Holualoa, HZ 96725
Ref. Uote
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