§486-120.6  Hawaii-grown roasted or instant
coffee; labeling requirements.  (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:



(1)  For roasted or instant coffee that contains one
hundred per cent Hawaii-grown coffee by weight the identity statement shall
consist of either:



(A)  The geographic origin of the Hawaii-grown
coffee, in coffee consisting of beans from only one geographic origin, followed
by the word "Coffee"; provided that the geographic origin may be
immediately preceded by the term "100%"; or



(B)  The per cent coffee by weight of one of
the Hawaii-grown coffees, used in coffee consisting of beans from several
geographic origins, followed by the geographic origin of the weight-specified
coffee and the terms "Coffee" and "All Hawaiian";



(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



(3)  Each word or character in the identity statement
shall be of the same type size and shall be contiguous.  The smallest letter or
character of the identity statement on packages of sixteen ounces or less net
weight shall be at least one and one-half times the type size required under
federal law for the statement of net weight or three-sixteenths of an inch in
height, whichever is smaller.  The smallest letter or character of the identity
statement on packages of greater than sixteen ounces net weight shall be at
least one and one-half times the type size required under federal law for the
statement of net weight.  The identity statement shall be conspicuously
displayed without any intervening material in a position above the statement of
net weight.  Upper and lower case letters may be used interchangeably in the
identity statement.



(b)  A listing of the geographic origins of the
various Hawaii-grown coffees and the regional origins of the various coffees
not grown in Hawaii that are included in a blend may be shown on the label.  If
used, this list shall consist of the term "Contains:", followed by,
in descending order of per cent by weight and separated by commas, the
respective geographic origin or regional origin of the various coffees in the
blend that the manufacturer chooses to list.  Each geographic origin or
regional origin may be preceded by the per cent of coffee by weight represented
by that geographic origin or regional origin, expressed as a number followed by
the per cent sign.  The type size used for this list shall not exceed half that
of the identity statement.  This list shall appear below the identity
statement, if included on the front panel of the label.



(c)  It shall be a violation of this section:



(1)  To use the identity statement specified in
subsection (a)(1)(A) or similar terms in labeling or advertising unless the
package of roasted or instant coffee contains one hundred per cent coffee from
that one geographic origin;



(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;



(3)  To use a geographic origin in advertising roasted
or instant coffee, including advertising in conjunction with a coffee style or
in any other manner, without disclosing the percentage of coffee used from that
geographic origin as described in subsection (a)(1)(B) and [(a)](2);



(4)  To use a geographic origin in labeling or
advertising  roasted or instant coffee, including in conjunction with a coffee
style or in any other manner, if the green coffee beans used in that roasted or
instant coffee do not meet the grade standard requirements of rules adopted
under chapter 147;



(5)  To misrepresent, on a label or in advertising of
a roasted or instant coffee, the per cent coffee by weight of any coffee from a
geographic origin or regional origin; or



(6)  To use the term "All Hawaiian" on a
label or in advertising of a roasted or instant coffee if the roasted or
instant coffee is not produced entirely from green coffee beans produced in
geographic origins defined in this chapter.



(d)  Roasters, manufacturers, or other persons
who package roasted or instant coffee covered by this section shall maintain,
for a period of two years, records on the volume and geographic origin or
regional origin of coffees purchased and sold and any other records required by
the department for the purpose of enforcing this section.  Authorized employees
of the department shall have access to these records during normal business
hours.



(e)  For the purpose of this section:



"Geographic origin" means the
geographic regions in which Hawaii-grown green coffee beans are produced, as
defined in rules adopted under chapter 147; provided that the term
"Hawaiian" may be substituted for the geographic origin
"Hawaii".



"Per cent coffee by weight" means the
percentage calculated by dividing the weight in pounds of roasted green coffee
beans of one geographic or regional origin used in a production run of roasted
or instant coffee, by the total weight in pounds of the roasted green coffee
beans used in that production run of roasted or instant coffee, and multiplying
the quotient by one hundred. [L 1991, c 289, §2; am L 1995, c 103, §1; am L 2002,
c 258, §1]