Section 486-120.5 - [Effective 1/1/2026] 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 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 outside the State, the product shall have a label that includes the following statement: "This product contains macadamia nuts grown outside Hawai'i.".(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 that represents or is branded or labeled that all or portion of the macadamia nuts were grown in the State, 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 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 in the State, if any portion of the macadamia nuts contained in the package was not grown in the State;(2) As provided for under subsection (b), without the words "This product contains macadamia nuts grown outside Hawai'i."; or(3) 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.(g) This section shall not apply to products that contain any other ingredient, except seasonings and flavorings, in addition to macadamia nuts.(h) If this section or any provision of this section conflicts at any time with federal law, then the federal law shall prevail and this section or the relevant provisions of this section shall become ineffective and invalid. The ineffectiveness or invalidity of this section or any of its provisions shall not affect any other provisions or applications of this chapter which shall be given effect without the invalid provision or application, and to this end, the provisions of this section are severable.(i) For purposes of this section: "Flavoring" means a substance that contains the flavoring constituents derived from a spice, fruit or fruit juice, vegetable or vegetable juice, edible yeast, herb, bark, bud, root, leaf or any other edible portions of a plant, meat, seafood, poultry, eggs, dairy products, or fermentation products thereof, whose primary function in food is flavoring rather than nutritional.
"Ingredient" means something that enters into a compound or is a component part of any combination or mixture.
"Seasoning" means salt, pepper, herbs, or spices.
Amended by L 2024, c 199,§ 2, eff. 1/1/2026.L 1991, c 110, §1; am L 1999, c 82, §1; am L 2007, c 164, §1 .This section is set out more than once due to postponed, multiple, or conflicting amendments.