REPORT TITLE:
Organic Agriculture


DESCRIPTION:
Establishes a new part on organically produced agricultural
products; includes definitions, rules authorization,
accreditation of certifying agents, labeling exceptions, and
administrative penalties.  (SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 2000                                
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-    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      "Certifying agent" means any person who certifies persons
 
11 who produce, sell, handle, process, or package organically
 
12 produced agricultural products in the State.
 
13      "Certified organic" means any agricultural product which has
 
14 been produced in an organic manner by a person certified by a
 
15 certifying agent.
 
16      "Department" means the department of agriculture.
 
17      "Livestock" means any cattle, sheep, goats, swine, poultry,
 
18 equine animals used for food or in the production of food, fish
 
19 used for food, wild or domesticated game, or other nonplant life.
 
20      "Person" means an individual, group of individuals,
 

 
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 1 corporation, association, organization, cooperative, or other
 
 2 entity.
 
 3      "Processed" means cooked, baked, heated, dried, mixed,
 
 4 ground, churned, separated, extracted, cut, fermented,
 
 5 eviscerated, preserved, dehydrated, frozen, or otherwise
 
 6 manufactured, and includes packaging, canning, jarring, or
 
 7 otherwise enclosing food in a container.
 
 8      "Secretary" means the Secretary of the United States
 
 9 Department of Agriculture or an authorized designee.
 
10      "Small farmer" means any person who sells no more than
 
11 $5,000 annually in value of agricultural products.
 
12      §147-    Rules.  The department may adopt rules, subject to
 
13 chapter 91:
 
14      (1)  Defining standards for organically produced
 
15           agricultural products;
 
16      (2)  Establishing requirements for accreditation and
 
17           registration of certifying agents;
 
18      (3)  Establishing requirements for labeling of organically
 
19           produced products; and
 
20      (4)  Establishing any other requirements necessary for the
 
21           enforcement of this part.  In adopting the rules the
 
22           department shall take into account the best interests
 
23           of the consumer, the producer, and the public.
 

 
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 1      §147-    Accreditation of certifying agents.(a)  Any
 
 2 certifying agent certifying persons whose organically produced
 
 3 agricultural products are sold in the State or shipped from the
 
 4 State for sale elsewhere, shall be accredited by the department
 
 5 in a manner established by rules adopted by the department.
 
 6      (b)  The department may request, as part of the
 
 7 accreditation process, a copy of the organic standards, and any
 
 8 other brochures, catalogues, or similar materials subscribed to
 
 9 by the certifying agent seeking accreditation.
 
10      (c)  Certifying agents seeking accreditation by the
 
11 department shall submit with their request for accreditation all
 
12 logos, marks, or other indicia which will be used to identify
 
13 organically produced agricultural products produced by persons
 
14 certified by them.
 
15      (d)  Certifying agents shall submit to the department and
 
16 keep current a list of persons certified by them in the State.
 
17      (e)  The department shall require persons accredited by the
 
18 department as certifying agents to meet the accreditation
 
19 requirements of the Secretary when they are established.  The
 
20 department shall not refuse accreditation to any certifying agent
 
21 accredited by the Secretary.
 
22      (f)  Any person claiming exemption to subsection (a) because
 
23 they are a small farmer shall register with the department in a
 

 
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 1 manner established by rules of the department.
 
 2      (g)  No person shall refer to accreditation under this part,
 
 3 compliance with the requirements of this part or rules adopted
 
 4 under this part, or to any agency or employee of the State in any
 
 5 manner that suggests that the State licenses, approves, or
 
 6 regulates its operations.
 
 7      §147-  Labeling of organically produced agricultural
 
 8 products; exception.(a)  No agricultural product may be labeled
 
 9 organically produced, certified organic, or claimed in any other
 
10 manner to be organic, unless the product has been produced by a
 
11 person certified by a certifying agent accredited by the
 
12 department and is labeled with the logo, mark, or other indicia
 
13 of that certifying agent.
 
14      (b)  Subsection (a) shall not apply to small farmers selling
 
15 their products directly to the final consumer; provided that they
 
16 may not use the term "certified organic" or terms implying that
 
17 their product has been certified by a certifying agent.
 
18      (c)  The use of the terms "pesticide free", "residue free",
 
19 or other like terms is prohibited.
 
20      §147-  Administrative penalties.  The department, after
 
21 notice and opportunity for a hearing, may fine any person who
 
22 violates this part or any rule adopted under this part, not more
 
23 than $1,000 for each separate offense.  Each day or instance of
 

 
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 1 violation shall constitute a separate offense.  Any action taken
 
 2 to impose or collect the penalty provided for in this section
 
 3 shall be considered a civil action."
 
 4      SECTION 2.  This Act shall take effect upon its approval.