Section 4-138-2 - Labeling requirements(a) In addition to all other labeling requirements, no identity statement used for labeling or advertising cacao, chocolate, or other products produced in whole or in part from Hawaii cacao, shall contain the phrase "Hawaii cacao", "Hawaiian cacao", "Hawaii chocolate" , or "Hawaiian chocolate", unless: (1) The product contains cacao ingredients made from one or more various geographic regions mentioned above and from no other cacao or chocolate flavoring. The phrases "Hawaii cacao", "Hawaiian cacao", "Hawaii chocolate" or "Hawaiian chocolate" may be followed by the phrase "made with" or "contains", and list each geographic region identified in descending order of per cent by weight and expressed as a number followed by a per cent and ends with the word "cacao".(b) Each word or character in the identity statement shall be of the same type size and shall be contiguous. The smallest letter or character of the identity statement on packages of sixteen ounces or less net weight shall be at least one and one-half times the type size required by federal law for the statement of net weight or three-sixteenths of an inch in height, whichever is smaller. The smallest letter or character of the identity statement on packages of greater than sixteen ounces net weight shall be at least one and one-half times the type size required under federal law for the statement of net weight.(c) It shall be a violation of this section to: (1) Use a geographic region as defined in this chapter in labeling or advertising of a cacao or chocolate product if the product contains less than one hundred per cent cacao by weight from that geographic region, except that if the product contains one hundred per cent Hawaii cacao from more than one geographic region, a list of the geographic regions may be shown if it is preceded by the words "contains", or "made with", and each geographic region is identified in descending order of per cent by weight and expressed as a number followed by a per cent sign and ends with the word "cacao". (2) Misrepresent on a label or in advertising of a cacao or chocolate product, the per cent cacao by weight of any cacao from a geographic region defined in this chapter.(3) Use a geographic region on the front label or any panel of a package or in the identity statement of a cacao or chocolate product, other than in a trademark or trade name as provided in this section or as authorized in subsections (a) and (b), unless one hundred per cent of the cacao contained in the product is grown in that geographic region.(4) Use the term "Hawaii cacao blend", "Hawaii cacao blend chocolate" or similar language on a cacao or chocolate product if the product contains more than forty-nine per cent cacao produced or grown outside of Hawaii.(5) Use more than one trademark or trade name on a cacao or chocolate product unless one hundred per cent of the cacao used in that product is grown in the geographic region specified by the trademark or trade name.(6) Use a trademark or trade name that begins with the name of a geographic region on a cacao or chocolate product unless one hundred per cent of the cacao used in the product is grown in that geographic region or the trademark or trade name ends with words that indicate a business entity; or(7) Print the identity statement required in this chapter in a smaller font size than that used for a trademark or trade name that includes the name of a geographic region and in a location other than the front label of a package of a cacao or chocolate product. [Eff 11/27/2016] (Auth: HRS § 486-118 ) (Imp: HRS § 486-118)