HAWAII – A senate “truth-in-advertising” bill that will affect Hawaii’s farmers markets is up for committee decision making on Thursday.

The Senate Committee on Agriculture will vote on SB2433, which will require all agricultural products sold at farmers’ markets to be displayed with a label or sign that shows the product’s geographic origin. The bill also makes noncompliance a violation of the law.

“Thank you for introducing this essential protection to promote local agriculture through farmer markets,” wrote Simon Russell of the Hawaii Farmers Union United in support of the bill. “Abuse of the popular venue is rampant, I see produce from out of state all the time at farmer markets.”

Christopher Manfredi of Ka’u, President of the Hawaii Farm Bureau Federation, supported the intent of the bill but brought up a few concerns in his written testimony:

Although we agree with the intent, HFBF is concerned that this may place an unreasonable burden on vendors who sell multiple products and whose produce and other products vary according to crop and season.

Additionally, the requirement that vendors retain and have available on site, two years’ worth of records detailing the volume and origin of each product sold may also be unreasonably burdensome to farmers.

The term “Agricultural product” is very broad and would apparently also apply to value-added products sold at these markets. These goods may contain multiple ingredients, not all of which are locally produced. Would the vendors of these products need to identify the amount of each local ingredient contained in each item?

The proposed law would apply to “Farmers’ markets,” which is defined broadly as any market where farmers sell their products directly to consumers. There are many farmers’ markets on each island but we notice that there is no additional funding offered for HDOA to implement and enforce the requirements of the proposal. Christopher Manfredi, President of the Hawaii Farm Bureau Federation

The bill amends Chapter 486, Hawaii Revised Statutes, adding this news section:

Farmers’ markets; geographic origin of agricultural products. (a) All agricultural products sold in a farmers’ market shall be displayed with a label or sign that contains an identity statement declaring the product’s geographic origin. Each word or character in the identity statement shall be of the same type size and shall be contiguous. The identity statement shall be reasonably sized and conspicuously displayed near the product being sold.

(b) It shall be a violation of this chapter to:

(1) Misrepresent on a label, on a sign, in an identity statement, or in advertising of agricultural products in a farmers’ market the geographic origin of the agricultural product; or

(2) Display, advertise, or sell agricultural products at a farmers’ market without a conspicuously displayed label or sign containing an identity statement pursuant to this section.

(c) Sellers shall maintain, for a period of at least two years, records on the volume and geographic origin of products 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 the records during normal business hours.

(d) For purposes of this section:

“Agricultural product” means any agricultural, aquacultural, horticultural, silvicultural, or floricultural product wherever produced and includes but is not limited to fresh fruits and vegetables, raw unprocessed honey, meat, dairy, poultry, eggs, and any other farm product that may be sold at a farmers’ market.

“Farmers’ market” means a market where farmers sell their products directly to consumers and includes any market that represents or advertises itself as a farmers’ market.

“Geographic origin” means the geographic region or regions in which the agricultural product was grown, collected, or raised and shall include the country of origin, if the product was produced outside the United States, or the state of origin, if the product was produced in the United States.”

Senate Bill 2433, as of Feb. 4, 2014

Status of bills represent up-to-date information via State Legislative website

SB2433 – Requires that all agricultural products sold at farmers’ markets be displayed with a label or sign containing an identity statement declaring the product’s geographic origin. Makes noncompliance a violation of chapter 486, Hawaii Revised Statutes.

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