Bill in Full:
HOUSE OF REPRESENTATIVESH.B. NO.77
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII
A BILL FOR AN ACT
relating to foie gras.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 328, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§328- Foie gras; prohibited. (a) It shall be unlawful for any person to possess, sell, offer for sale, trade, or distribute foie gras.
(b) Prior to July 1, 2012, any restaurant holding a valid certificate, permit, or license issued by the department of health under section 321-11 may possess, sell, offer for sale, trade, or distribute foie gras possessed by that restaurant as of July 1, 2011, which are prepared for consumption.
(c) Any person violating this section or any rule adopted pursuant to this section shall be penalized as follows:
(1) For a first offense, by an administrative fine of not less than $ and not more than $ ;
(2) For a second offense, by an administrative fine of not less than $ and not more than $ ; and
(3) For a third or subsequent offense, by an administrative fine of not less than $ and not more than $ or by imprisonment of not more than one year, or both.
(d) The department may adopt rules pursuant to chapter 91 necessary for the purposes of this section.
(e) For the purpose of this section, "foie gras" means the liver of a bird, including a duck or goose, which is fattened in a process that causes the bird to consume more food than a typical bird of the same species would consume voluntarily by means that include delivering food through a tube or other device inserted into the bird's esophagus."
SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.