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11- OF q�/y•. COUNTY OF HAWAII : STATE OF HAWAII 4 OF NF' � � r1 . RESOLUTION NO. 2 ti7 12 A RESOLUTION TO THE HAWAII STATE ASSOCIATION OF COUNTIES URGING IT TO INCLUDE AS PART OF ITS 2013 LEGISLATIVE PACKAGE A REQUEST 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, Resolution 158-11 to the Hawai`i State Association of Counties urging it to include as part of its 2012 Legislative Package a request to revise and clarify Agricultural Product Branding and Country or Region of Origin Labeling, as provided in Chapter 486 of the Hawai`i Revised Statutes was duly adopted by the Council on October 5, 2011; and 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 (7) Misrepresentation in any other manner tending to confuse the prospective purchaser. 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