(1) A person commits the offense of false labeling of Hawaii-grown coffee if the person knowingly transports, distributes, advertises, sells, or possesses with the intent to sell Hawaii-grown green coffee, cherry coffee, parchment coffee, or roasted coffee that is falsely labeled with regard to the geographic origin of the Hawaii-grown coffee.
(2) For the purposes of this section:
"Cherry coffee" means the unprocessed fruit of the coffee plant.
"Geographic origin" means the geographic areas designated as follows:
(a) Hamakua is the Hamakua district on the island of Hawaii, as designated by the State of Hawaii tax map;
(b) Hawaii is the State of Hawaii;
(c) Kau is the Kau district on the island of Hawaii, as designated by the State of Hawaii tax map;
(d) Kauai is the island of Kauai;
(e) Kona is the north Kona and south Kona districts on the island of Hawaii, as designated by the State of Hawaii tax map;
(f) Maui is the island of Maui;
(g) Molokai is the island of Molokai; and
(h) Oahu is the island of Oahu.
"Green coffee" means the agricultural commodity comprised of green coffee beans.
"Parchment coffee" means the dried product that remains when coffee cherries are processed by removing the coffee seeds from the pulp.
"Roasted coffee" means a product that results from heating the cherry coffee seeds to augment aroma and flavor.
(3) False labeling of Hawaii-grown coffee is a class C felony. In addition to any penalties imposed pursuant to section 706-605, the court shall impose on any defendant convicted of false labeling of Hawaii-grown coffee a mandatory minimum fine of $7,500 for each separate offense. Each act of false labeling of Hawaii-grown coffee shall constitute a distinct and separate offense. The mandatory minimum fine imposed shall not be suspended or waived.