SB 129: Uniform Packaging and Labeling; Food Labeling; Country of Origin; Raw Ahi; Ahi Poke; Processed Ahi

A BILL FOR AN ACT

RELATING TO LABELING REQUIREMENTS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that local tuna fisheries and associated seafood markets are an important sector of the State's economy and food production and that the identification of foreign imported tuna is critical to inform and safeguard consumers.

     According to statistics from the United States Department of Commerce, the annual dockside value of commercial yellowfin and bigeye tuna (marked as ahi) landed in Hawaii's ports is around $100,000,000, making tuna the highest valued food commodity produced in the State.  Even with these impressive landings, previously frozen and carbon monoxide-treated foreign imported tuna dominates sales at local retail establishments.  Due to a loophole in federal country of origin labeling requirements for seafood, retail establishments are not providing consumers with information on where the ahi tuna originates.  The legislature is therefore concerned that most consumers that buy ahi at local retail establishments falsely believe that previously frozen, gas-treated ahi is caught by Hawaii fisheries.

     Moreover, the legislature further notes that the majority of raw ahi sold at local retail establishments is in the form of poke and sushi products.  Consumers of poke are commonly subjected to misleading advertisements and in-store terminology, such as "prepared fresh", "freshly made", and "locally made", while the ahi used to prepare the poke is foreign-sourced, previously frozen, gas-treated, and imported in pre-cut cubes.

     Accordingly, the purpose of this Act is to extend country of origin labeling requirements for certain ahi tuna products at Hawaii retail establishments.

     SECTION 2.  Chapter 486, Hawaii Revised Statutes, is amended by adding a new section to part V to be appropriately designated and to read as follows:

     "§486-    Raw ahi; ahi poke; processed ahi; labeling requirements; country of origin; retail establishments.  (a)  No retail establishment shall keep, offer, display, expose for sale, or solicit for the sale of any raw ahi, including ahi poke, processed ahi, or any raw ahi that has been combined, mixed, marinated, or otherwise prepared for human consumption, without a label stating the country in which the ahi was landed.

     (b)  For the purposes of this section:

     "Ahi" means yellowfin tuna or bigeye tuna, including those that meet the definition of:

     (1)  "Wild fish and shellfish" as defined in title 7 Code of Federal Regulations section 60.133, as amended; or

     (2)  "Farm-raised fish" as defined in title 7 Code of Federal Regulations section 60.106, as amended.

     "Ahi poke" means cubed, cut, or sliced raw ahi mixed with other ingredients, including but not limited to seasonings and vegetables.

     "Processed ahi" means a retail item derived from ahi that has undergone specific processing resulting in a change in the character of the ahi, or that has been combined with at least one other substantive food component, except that the addition of a component that enhances or represents a further step in the preparation of the product for consumption would not in itself result in a processed food item, and does not mean canned tuna.

     "Retail establishment" means an establishment licensed under the Perishable Agricultural Commodities Act of 1930, which includes any retail establishment that purchases over $230,000 of fresh or frozen produce per calendar year."

     SECTION 3.  If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

     SECTION 4.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 2050.

Report Title:

Uniform Packaging and Labeling; Food Labeling; Country of Origin; Raw Ahi; Ahi Poke; Processed Ahi

Description:

Prohibits the sale of raw ahi, including ahi poke or processed ahi, in retail establishments without a label that states the country where the ahi was landed.  Effective 7/1/2050.  (SD2)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO LABELING REQUIREMENTS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that local tuna fisheries and associated seafood markets are an important sector of the State's economy and food production and that the identification of foreign imported tuna is critical to inform and safeguard consumers.

     According to statistics from the United States Department of Commerce, the annual dockside value of commercial yellowfin and bigeye tuna (marked as ahi) landed in Hawaii's ports is around $100,000,000, making tuna the highest valued food commodity produced in the State.  Even with these impressive landings, previously frozen and carbon monoxide-treated foreign imported tuna dominates sales at local retail establishments.  Due to a loophole in federal country of origin labeling requirements for seafood, retail establishments are not providing consumers with information on where the ahi tuna originates.  The legislature is therefore concerned that most consumers that buy ahi at local retail establishments falsely believe that previously frozen, gas-treated ahi is caught by Hawaii fisheries.

     Moreover, the legislature further notes that the majority of raw ahi sold at local retail establishments is in the form of poke and sushi products.  Consumers of poke are commonly subjected to misleading advertisements and in-store terminology, such as "prepared fresh", "freshly made", and "locally made", while the ahi used to prepare the poke is foreign-sourced, previously frozen, gas-treated, and imported in pre-cut cubes.

     Accordingly, the purpose of this Act is to extend country of origin labeling requirements for certain ahi tuna products at Hawaii retail establishments.

     SECTION 2.  Chapter 486, Hawaii Revised Statutes, is amended by adding a new section to part V to be appropriately designated and to read as follows:

     "§486-    Raw ahi; ahi poke; processed ahi; labeling requirements; country of origin; retail establishments.  (a)  No retail establishment shall keep, offer, display, expose for sale, or solicit for the sale of any raw ahi, including ahi poke, processed ahi, or any raw ahi that has been combined, mixed, marinated, or otherwise prepared for human consumption, without a label stating the country in which the ahi was landed.

     (b)  For the purposes of this section:

     "Ahi" means yellowfin tuna or bigeye tuna, including those that meet the definition of:

     (1)  "Wild fish and shellfish" as defined in title 7 Code of Federal Regulations section 60.133, as amended; or

     (2)  "Farm-raised fish" has the same meaning as defined in title 7 Code of Federal Regulations section 60.106, as amended.

     "Ahi poke" means cubed, cut, or sliced raw ahi mixed with other ingredients, including but not limited to seasonings and vegetables.

     "Processed ahi" means a retail item derived from ahi that has undergone specific processing resulting in a change in the character of the ahi, or that has been combined with at least one other substantive food component, except that the addition of a component that enhances or represents a further step in the preparation of the product for consumption would not in itself result in a processed food item, and does not mean canned tuna.

     "Retail establishment" means an establishment licensed under the Perishable Agricultural Commodities Act of 1930, which includes any retail establishment that purchases over $230,000 of fresh or frozen produce per calendar year."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2050.

Report Title:

Uniform Packaging and Labeling; Food Labeling; Country of Origin; Raw Ahi; Ahi Poke; Processed Ahi

Description:

Prohibits the sale of raw ahi, including ahi poke or processed ahi, in retail establishments without a label that states the country where the ahi was landed.  Effective 7/1/2050.  (SD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

relating to LABELING REQUIREMENTS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that local tuna fisheries and associated seafood markets are an important sector of the State's economy and food production and that the identification of foreign imported tuna is critical to inform and safeguard consumers.

     According to statistics from the United States Department of Commerce, the annual dockside value of commercial yellowfin and bigeye tuna (marked as ahi) landed in Hawaii's ports is around $100,000,000, making tuna the highest valued food commodity produced in the State.  Even with these impressive landings, previously frozen and carbon monoxide-treated foreign imported tuna dominates sales at local retail establishments.  Due to a loophole in federal country of origin labeling requirements for seafood, retail establishments are not providing consumers with information on where the ahi tuna originates.  The legislature is therefore concerned that most consumers that buy ahi at local retail establishments falsely believe that previously frozen, gas-treated ahi is caught by Hawaii fisheries.

     Moreover, the legislature further notes that the majority of raw ahi sold at local retail establishments is in the form of poke and sushi products.  Consumers of poke are commonly subjected to misleading advertisements and in-store terminology, such as "prepared fresh", "freshly made", and "locally made", while the ahi used to prepare the poke is foreign-sourced, previously frozen, gas-treated, and imported in pre-cut cubes.

     Accordingly, the purpose of this Act is to extend country of origin labeling requirements for certain ahi tuna products at Hawaii retail establishments.

     SECTION 2.  Chapter 486, Hawaii Revised Statutes, is amended by adding a new section to part V to be appropriately designated and to read as follows:

     "§486-    Raw ahi; labeling requirements; retail establishments.  (a)  No retail establishment shall keep, offer, display, expose for sale, or solicit for the sale of any raw ahi, including any raw ahi that has been combined, mixed, marinated, or otherwise prepared for human consumption, without a label stating the country in which the ahi was landed.

     (b)  As used in this section:

     "Ahi" means yellowfin tuna or bigeye tuna, including farm-raised fish and ahi that meets the definition of "wild fish and shellfish" as defined in title 7 Code of Federal Regulations section 60.133, as amended.

     "Farm-raised fish" has the same meaning as defined in title 7 Code of Federal Regulations section 60.106, as amended.

     "Retail establishment" means an establishment licensed under the Perishable Agricultural Commodities Act of 1930, which includes any retail establishment that purchases over $230,000 of fresh or frozen produce per calendar year."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

Report Title:

Measurement Standards; Uniform Packaging and Labeling; Food Labeling; Country of Origin; Tuna; Raw Ahi

Description:

Prohibits the sale of raw ahi and raw ahi products in retail establishments without a label that states the country where the ahi was landed.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO. 748

Honolulu, Hawaii

RE:    S.B. No. 129

       S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committee on Commerce and Consumer Protection, to which was referred S.B. No. 129, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO LABELING REQUIREMENTS,"

begs leave to report as follows:

     The purpose and intent of this measure is to extend country of origin labeling requirements for certain ahi tuna products sold at Hawaii retail establishments.

     Your Committee received testimony in support of this measure from the Department of Land and Natural Resources, Hawaiʻi Farm Bureau, Hawaii Longline Association, Fishing Tales with Mike Sakamoto, Malama Kauaʻi, and four individuals.

     Your Committee received testimony in opposition to this measure from one individual.

     Your Committee received comments on this measure from the Department of the Attorney General and Department of Agriculture.

     Your Committee finds that local tuna fisheries and seafood markets are an important sector of the State's economy and food production.  Existing federal law applies certain country of origin labeling requirements for seafood, including fish fillets, tuna steaks, and loins.  Due to a loophole in the federal law, however, the same requirements do not apply to prepared foods, like ahi poke.  Ahi poke sold at retail establishments is dominated by previously frozen, carbon monoxide-treated fish.  There is a common misconception that this previously frozen, carbon monoxide-treated tuna is derived from Hawaii fisheries, when often it is imported from foreign sources.  Some retailers mislead consumers into believing their product is fresh or locally caught by using terms such as "freshly made" and "locally prepared".  Your Committee further finds that because many consumers in the State prefer to buy locally sourced food to support the local economy, this measure empowers consumers by providing the necessary information to consumers to make better informed choices.

     Your Committee has amended this measure by:

     (1)  Inserting a severability clause; and

     (2)  Making a technical, nonsubstantive amendment for the purposes of clarity and consistency.

     As affirmed by the record of votes of the members of your Committee on Commerce and Consumer Protection that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 129, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 129, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Commerce and Consumer Protection,

STAND. COM. REP. NO. 388

Honolulu, Hawaii

RE:    S.B. No. 129

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committee on Economic Development and Tourism, to which was referred S.B. No. 129 entitled:

"A BILL FOR AN ACT RELATING TO LABELING REQUIREMENTS,"

begs leave to report as follows:

     The purpose and intent of this measure is to prohibit the sale of raw ahi and raw ahi products in retail establishments without a label that states the country where the ahi was landed.

     Your Committee received testimony in support of this measure from the Department of Land and Natural Resources; Hawaii Longline Association; Fishing Tales with Mike Sakamoto; Hawaiʻi Fishermen's Alliance for Conservation and Tradition, Inc.; Forage Hawaiʻi; Farm Link Hawaii; and twenty-six individuals.

     Your Committee received comments on this measure from the Department of the Attorney General and Department of Agriculture.

     Your Committee finds that local tuna fisheries and associated seafood markets are an important sector of the State's economy.  In fact, data from the United States Department of Commerce has shown that tuna contributed approximately $100,000,000 to Hawaii's economy annually.  Your Committee acknowledges however, that foreign imported tuna dominates the local Hawaii tuna markets without adequate advertising of this phenomenon.  This measure therefore, will reduce misleading advertisements meant to obscure the origin and freshness of tuna by extending country of origin labeling requirements for certain ahi tuna products at Hawaii retail establishments.

     Your Committee acknowledges the concerns raised in the testimony of the Department of the Attorney General that the country-of-origin labeling requirement proposed in this measure may be preempted by the Federal Agricultural Marking Act of 1946, as amended, and its corresponding regulation.  Your Committee finds that this concern merits further consideration and respectfully requests that subsequent committees to which this measure is referred examine this issue.

     Your Committee has amended this measure by:

     (1)  Adding ahi poke and processed ahi to the products subject to the country of origin in labeling requirement;

     (2)  Inserting language that defines "ahi poke" and "processed ahi";

     (3)  Inserting an effective date of July 1, 2050, to encourage further discussion; and

     (4)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the record of votes of the members of your Committee on Economic Development and Tourism that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 129, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 129, S.D. 1, and be referred to your Committee on Commerce and Consumer Protection.

Respectfully submitted on behalf of the members of the Committee on Economic Development and Tourism,