§486-120.5  Macadamia nuts; labeling
requirements.  (a)  If a label on a consumer package contains language that
all of the raw or processed macadamia nuts contained in the package were grown
in Hawaii, the label shall be worded, "100% Hawaii-Grown Macadamia
Nuts", "Hawaii-Grown Macadamia Nuts", "100% Hawaiian
Macadamia Nuts", or "Hawaiian Macadamia Nuts", and shall appear
on the principal display panel of the package.



(b)  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.  The per cent by weight of the
macadamia nuts in the package shall be the percentage calculated by dividing
the weight in pounds of the macadamia nuts grown in Hawaii that are in the
package by the weight in pounds of all macadamia nuts in the package and
multiplying the quotient by one hundred.



(c)  All nonconsumer packages containing
macadamia nuts grown in the State and introduced into intrastate or interstate
commerce shall bear on the package a label containing language that the package
contains Hawaii-grown macadamia nuts.  This label shall be in addition to all
other labeling requirements specified in this chapter.



(d)  Any person keeping, offering, displaying,
exposing for sale, or soliciting for sale, any raw or processed macadamia nut
product, which represents or which is branded or labeled that all or a
percentage or portion of the macadamia nuts were grown in Hawaii, shall make
available to the administrator, upon demand, documented proof that the amount
of macadamia nuts represented to be grown in the State, was grown in the State.



(e)  It shall be a violation of this part:



(1)  To use a label containing the words, "100%
Hawaii-Grown Macadamia Nuts", "Hawaii-Grown Macadamia Nuts",
"100% Hawaiian Macadamia Nuts", or "Hawaiian Macadamia
Nuts", or similar wording, or to otherwise represent that all of the
macadamia nuts in the package were grown in Hawaii, if any portion of the
macadamia nuts contained in the package was not grown in the State;



(2)  To use a label, as provided for under subsection
(b), containing the words "Hawaii-Grown Macadamia Nuts" preceded by a
percentage, if less than the specified percentage or none of the macadamia nuts
in the package was grown in the State; or



(3)  To use a label representing that any of the
macadamia nuts contained in the package was grown in the State, if none of the
macadamia nuts contained in the package was grown in the State.



(f)  Any person who violates this section shall
be subject to penalties under section 486-32. [L 1991, c 110, §1; am L 1999, c
82, §1; am L 2007, c 164, §1]