Haw. Code R. § 4-143-1 - Labeling and documentation requirements

(a) No person shall sell or offer, expose for sale, or transport Hawaii-grown green coffee, natural coffee, or mixed natural coffee outside the geographic region of production as defined in section 4-143-3, unless each container is conspicuously labeled in the English language with the exact grade or lower grade for the green coffee, natural coffee, or mixed natural coffee or the term offgrade, as applicable. No person shall transport, or cause the transport of, Hawaii-grown cherry coffee, parchment coffee, green coffee, natural coffee, or mixed natural coffee outside the geographic region of production as defined in section 4-143-3, unless each container is conspicuously labeled or accompanied by documentation written in the English language with the exact geographic region. This grade or geographic region statement shall appear on the tag described in subsection (i), or on the container on the same panel as the declaration of identity required by section 4-93-2; provided that the geographic region statement may also be, documented on a form provided by the department accompanying each container.

(b) Any tag or container label representing a geographic region or grade term which is determined to be incorrect shall be corrected by the complete obliteration of the incorrect information and substituted with the correct statement of fact. Any accompanying documentation form determined to be incorrect shall be corrected by the complete obliteration of the incorrect information and substituted with the correct statement of fact.

(c) The letters and figures used to meet the requirements of this section shall be of bold type and legible.

(d) The grade terms to be used shall be exactly as shown in sections 4-143-6, 4-143-11, and 143-12, except that grade terms may be abbreviated as shown in section 4-143-9, or may be expressed in all capital letters, or both. The geographic region terms to be used shall be exactly as shown in section 4-143-3. The use of a geographic region term on offgrade coffee is prohibited.

(e) The requirements of this section shall apply to both intra-state and export sales and distribution of Hawaii-grown coffee.

(f) Any green coffee, natural coffee, or mixed natural coffee labeled with a grade term defined in section 4-143-6, 4-143-11, or 143-12, shall meet the standards of the labeled grade.

(g) The use of a grade term defined in section 4-143-6, 4-143-11, or 4-143-12, or any abbreviation or variation of the grade term that is intended to represent or imply that the green coffee, natural coffee, or mixed natural coffee so labeled is grown in Hawaii, on coffee that is not grown in Hawaii is prohibited. The use of any geographic region defined in section 4-143-3, on cherry coffee, parchment coffee, green coffee, natural coffee, or mixed natural coffee that is not grown in the geographic region defined in section 4-143-3, is prohibited.

(h) The use of any other grade term or fanciful term which is not defined in section 4-143-6, 4-143-11, or 4-143-12 to represent or imply that the cherry coffee, parchment coffee, green coffee, natural coffee, or mixed natural coffee has a grade adopted under this chapter is prohibited.

(i) Tags marked with a grade or geographic region statement pursuant to subsection (a) or (j) or as required for inspection for certification pursuant to section 4-143-2(b) shall consist of a tamper-proof tag attached to each container of coffee beans in a manner that opening the container will alter the tag. The tags shall be light in color, made of a material that resists tearing and measuring a minimum of two inches by four inches, with a blank area at least two inches by two inches.

(j) Hawaii-grown green coffee, natural coffee, or mixed natural coffee not meeting the quality standards of Hawaii No. 3 green coffee, Hawaii Natural Prime coffee, or Hawaii Mixed Natural Prime Coffee shall be labeled with the term "offgrade" or the term "coffee" without reference to any geographic region. The term "offgrade" shall appear on the tag described in subsection (i), or on the container on the same panel as the declaration of identity required by section 4-93-2.

Notes

Haw. Code R. § 4-143-1

[Eff 10/8/01; am and comp MAY 24 2014] (Auth: HRS §§ 147-4, 147-22) (Imp: HRS §§ 147-4, 147-22, 147-23) Am and Comp 5/27/2017