REPORT TITLE:
Organic Agriculture


DESCRIPTION:
Assists the organic agriculture industry by:  (1) Defining
standards of organically produced agricultural products until
such time the federal standards are adopted by the United States
Department of Agriculture; (2) Establishing requirements for
registration and recognition of certifying agents; (3)
Establishing requirements for labeling of organically produced
products; and (4) Establishing other necessary requirements and
administrative penalties for violation.  (SB2164 HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2164
THE SENATE                              S.B. NO.           S.D. 2
TWENTIETH LEGISLATURE, 2000                                H.D. 1
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO THE ORGANIC AGRICULTURE INDUSTRY.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Chapter 147, Hawaii Revised Statutes, is amended
 
 2 by adding a new part to be appropriately designated and to read
 
 3 as follows:
 
 4       "PART  .  ORGANICALLY PRODUCED AGRICULTURAL PRODUCTS
 
 5      §147-A  Definitions.  As used in this part:
 
 6      "Agricultural product" means any agricultural commodity or
 
 7 product, whether raw or processed, including any commodity or
 
 8 product derived from livestock that is marketed in the State for
 
 9 human or livestock consumption.
 
10      "Board" means the board of agriculture.
 
11      "Certifying agent" means any person accredited by the
 
12 secretary to certify producers of organically produced
 
13 agricultural products.
 
14      "Certified organic" means any agricultural product that has
 
15 been organically produced by a producer certified by a certifying
 
16 agent.
 
17      "Claimed organic" means any agricultural product that has
 
18 been organically produced by a small farmer.
 
19      "Department" means the department of agriculture.
 

 
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 1      "Livestock" means any cattle, sheep, goats, swine, poultry,
 
 2 or equine animals used as food or in the production of food, fish
 
 3 used for food, wild or domesticated game, or other nonplant life.
 
 4      "Person" means an individual, group of individuals,
 
 5 corporation, association, organization, cooperative, or other
 
 6 entity.
 
 7      "Processed" means cooked, baked, heated, dried, mixed,
 
 8 ground, churned, separated, extracted, cut, fermented,
 
 9 eviscerated, preserved, dehydrated, frozen, or otherwise
 
10 manufactured, and includes packaging, canning, jarring, or
 
11 otherwise enclosing food in a container.
 
12      "Producer" means any person who produces, handles,
 
13 processes, or packages organically produced agricultural products
 
14 and sells more than $5,000 annually in value of organically
 
15 produced agricultural products.
 
16      "Secretary" means the Secretary of the United States
 
17 Department of Agriculture or an authorized designee.
 
18      "Small farmer" means any person who produces and sells no
 
19 more than $5,000 annually in value of organically produced
 
20 agricultural products.
 
21      §147-B  Rules.  The department may adopt rules, subject to
 
22 chapter 91:
 

 
 
 
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 1      (1)  Defining standards for organically produced
 
 2           agricultural products; provided that the department
 
 3           shall repeal these standards when federal standards for
 
 4           organically produced agricultural products are adopted
 
 5           by the United States Department of Agriculture;
 
 6      (2)  Establishing requirements for registration and
 
 7           recognition of certifying agents;
 
 8      (3)  Establishing requirements for labeling of organically
 
 9           produced products; and
 
10      (4)  Establishing any other requirements necessary for the
 
11           enforcement of this part.
 
12      §147-C  Registration and recognition of certifying agents.
 
13 (a)  Any certifying agent who certifies producers of agricultural
 
14 products organically produced in the State shall be registered
 
15 with the department in a manner established by rules.
 
16      (b)  The department may request, as part of the registration
 
17 process, a copy of the organic standards, and any other
 
18 brochures, catalogues, or similar materials relied on by the
 
19 certifying agent seeking registration.
 
20      (c)  Certifying agents seeking registration with the
 
21 department shall submit with their request for registration
 
22 evidence of accreditation by the secretary, as well as all logos,
 
23 marks, or other indicia used to identify organically produced
 

 
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 1 agricultural products produced, handled, processed, or packaged
 
 2 by producers certified by the certifying agent.
 
 3      (d)  Certifying agents registered in the State shall submit
 
 4 to the department and keep current a list, including contact
 
 5 information, of producers certified by them in the State.
 
 6      (e)  The department shall not refuse registration to any
 
 7 certifying agent who meets the requirements of this part.
 
 8      (f)  The department shall recognize as certified organic any
 
 9 agricultural products produced by producers in other states or
 
10 countries who are certified by certifying agents.
 
11      (g)  Any person claiming that they are a small farmer shall
 
12 register with the department in a manner established by rules.
 
13      (h)  No certifying agent shall refer to registration or
 
14 recognition under this part, compliance with the requirements of
 
15 this part, rules adopted under this part, or to any agency or
 
16 employee of the State in any manner that suggests that the State
 
17 licenses, approves, or regulates the activities of the certifying
 
18 agent in certifying producers of organically produced
 
19 agricultural products.
 
20      §147-D Labeling of organically produced agricultural
 
21 products; exception.(a)  No agricultural product may be labeled
 
22 "organically produced", "certified organic", or claimed in any
 
23 other manner to be organic, unless the product has been produced
 

 
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 1 by a producer certified by a certifying agent registered with or
 
 2 recognized by the department and is labeled with the logo, mark,
 
 3 or other indicia of that certifying agent.
 
 4      (b)  Subsection (a) shall not apply to small farmers selling
 
 5 their products directly to the final consumer; provided that they
 
 6 may not use the term "certified organic" or terms implying that
 
 7 their product has been certified by a certifying agent.  A
 
 8 registered small farmer may use the term "claimed organic" on the
 
 9 farmer's organically produced agricultural products.
 
10      §147-E Administrative penalties.(a)  After notice and
 
11 opportunity for a hearing, the board may fine any person who
 
12 violates this part or any rule adopted under this part not more
 
13 than $1,000 for each separate offense.  Each day or instance of
 
14 violation shall constitute a separate offense.
 
15      (b)  The proposed penalty shall become a final order unless,
 
16 within twenty days of receipt of the notice, the person or
 
17 persons charged make a written request for a hearing.
 
18      (c)  In the case of inability to collect the administrative
 
19 penalty or failure of any person to pay all or such portion of
 
20 the administrative penalty as the board may determine, the board
 
21 shall refer the matter to the attorney general, who shall recover
 
22 the amount by action in the appropriate court.  In any judicial
 
23 proceeding to recover the administrative penalty imposed, the
 
24 attorney general need only show that:
 

 
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 1      (1)  Notice was given;
 
 2      (2)  A hearing was held or the time granted for requesting a
 
 3           hearing has expired without such a request;
 
 4      (3)  The administrative penalty was imposed; and
 
 5      (4)  The penalty remains unpaid."
 
 6      SECTION 2.  In codifying the new part added by section 1 of
 
 7 this Act, the revisor of statutes shall substitute appropriate
 
 8 section numbers for the letters used in designating the new
 
 9 sections in this Act.
 
10      SECTION 3.  This Act shall take effect upon its approval.