SB 135: RELATING TO THE LABELING OF MACADAMIA NUTS.

A BILL FOR AN ACT

relating to the labeling of macadamia nuts.

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

     SECTION 1.  Section 486-120.5, Hawaii Revised Statutes, is amended by amending subsections (a) through (e) to read as follows:

     "(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 and processed in the State, 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 product contains raw or processed macadamia nuts grown or processed outside the State, the product shall have a label that includes the following statement:  "This product contains macadamia nuts grown or processed outside Hawaiʻi.".

     (c)  All nonconsumer packages containing macadamia nuts grown and processed 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 and Hawaii-processed 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 that represents or is branded or labeled that all or portion of the macadamia nuts were grown and processed in the State, shall make available to the administrator, upon demand, documented proof that the amount of macadamia nuts represented to be grown and processed in the State, was grown and processed in the State.

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

     (1)  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 and processed in the State, if any portion of the macadamia nuts contained in the package was not grown or processed in the State;

     (2)  As provided for under subsection (b), without the words "This product contains macadamia nuts grown or processed outside Hawaiʻi."; or

     (3)  Representing that any of the macadamia nuts contained in the package was grown and processed in the State, if none of the macadamia nuts contained in the package was grown or processed in the State."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect on January 2, 2026.

Report Title:

Macadamia Nuts; Labeling; Processed

Description:

Specifies that the macadamia nut labeling requirements apply if the applicable products are produced in whole or in part from Hawaii-grown and Hawaii-processed macadamia nuts.  Effective 1/2/2026.

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