Hawaii Administrative Rules
Title 11 - DEPARTMENT OF HEALTH
Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS
Chapter 29 - FOOD AND FOOD PRODUCTS
Section 11-29-9 - False or misleading representation of geographical origin
Universal Citation: HI Admin Rules 11-29-9
Current through February, 2024
Any representation that expresses or implies that a food product or any Ingredient of a food product has its geographical origin in the State may render such food product misbranded except when such representation is either:
(1) A truthful representation of geographical origin;
(2) A trademark or trade name; provided that as applied to the food product in question, its use is not deceptively misrepresented. A trademark or trade name composed in whole or in-part of geographical words shall not be considered deceptively misrepresentative if:
(A) Such product or trade name has been long
and exclusively used by the manufacturer or distributor and is generally
understood by the consumer to mean the product of a particular manufacturer or
distributor; or
(B) Is so arbitrary
or fanciful that it is not generally understood by the consumer to suggest
geographic origin; or
(C) Is a part
of the name required by applicable state or federal law or regulation;
or
(D) Is a name whose market
significance is generally understood by the consumer to connote a particular
class, kind, type, or style of food rather than to indicate geographical
origin.
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