THE SENATE	S.B. NO.	1142
TWENTY-SIXTH LEGISLATURE, 2011		S.D. 2
STATE OF HAWAII		H.D. 1

A BILL FOR AN ACT

RELATING TO AGRICULTURE.

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

PART I

     SECTION 1.  Chapter 147, Hawaii Revised Statutes, is amended by adding a new section to part VIII to be appropriately designated and to read as follows:

     "§147-  Agricultural practices audit and certification revolving fund. (a)  There is established the agricultural practices audit and certification revolving fund to be administered by the department.

(b)  Fees received by the department for conducting audits and certifications under this part shall be deposited into the revolving fund.

(c)  The proceeds of the revolving fund shall be expended by the department to establish and update good agricultural practices, conduct the audit and certification services of this part, and assist, train, and educate producers to achieve certification.

(d)  The department may also receive additional funds from other government agencies, agricultural organizations, and other nonprofit organizations to conduct activities under this part.  Funds so received shall be deposited into the revolving fund."

     SECTION 2.  Section 147-111, Hawaii Revised Statutes, is amended by adding two new definitions to be appropriately inserted and to read as follows:

     ""Good agricultural practices" means the practices adopted by the department in accordance with section 147-112 and shall be the equivalent of generally accepted agricultural and management practices as referenced in section 165-4; provided that the rules shall reflect that "good agricultural practices" are based on science and risk and include practices that reasonably protect the environment and workers while reducing the potential for introduction of on-farm food borne illnesses and protecting the integrity of agricultural products delivered to the end user or consumer and developed using specific considerations and methodologies for farm sizes, practices, techniques, materials, and crops.

"Producer" has the same meaning as defined in section 147-1."

     SECTION 3.  Chapter 147, Hawaii Revised Statutes, is amended by amending its title to read as follows:

"CHAPTER 147

GRADES [AND], STANDARDS, SAFETY, AND SECURITY"

     SECTION 4.  Section 147-101, Hawaii Revised Statutes, is amended to read as follows:

     "§147-101  Certification services revolving fund.  There is established a certification services revolving fund for use by the department of agriculture to support certification or audit services established under parts I, III, IV, [VIII,] and IX.  Moneys in the fund may be expended for materials, salaries, equipment, training, travel, and other costs related to providing certification or audit services.  Notwithstanding sections 147-10, 147-34, 147-64, [147-114] and 147-126, moneys derived from the certification or audit services provided by temporary inspectors employed under this part or from charges for traveling expenses or extraordinary services shall be deposited into the fund."

     SECTION 5.  Section 147-102, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§147-102[]]  Certification and audit services.  The department of agriculture shall fix, assess, and collect fees for certification or audit services provided by temporary inspectors employed under this part.  The fees shall be in amounts necessary to cover all costs of the administration and provision of the certification or audit services provided under this part; provided that the department of agriculture shall establish charges for traveling expenses and extraordinary services when the performance of the services involves unusual cost.  The fees and charges established by the department of agriculture shall not be subject to chapter 91.  The department of agriculture may employ temporary inspectors to assist in providing certification or audit services under parts I, III, IV, [VIII,] and IX, and those temporary inspectors shall be exempt from chapter 76."

     SECTION 6.  Section 147-112, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§147-112[]  Cooperative agreements and contracts to provide] Agricultural safety and security; auditing and certification services. (a)  The department may [enter into cooperative agreements with the United States Department of Agriculture or other agreements and contracts with private parties or other governmental agencies for the purposes of:] establish a program to audit and certify that producers are:

     (1)  [Auditing and certifying that applicants are following good agricultural, handling, processing, and manufacturing practices;] Following good agricultural practices adopted by the department pursuant to subsection (b); and

     (2)  Maintaining food security and [product] traceability.

(b)  The department shall adopt good agricultural practices as deemed necessary after giving due consideration to available information of the department and written recommendations from the University of Hawaii college of tropical agriculture and human resources, the department of health, and any other governmental or private organization, the input of which is solicited by the department.

The department shall adopt the good agricultural practices without necessity of compliance with the public notice and public hearing requirements of chapter 91; provided that the department shall hold at least one public hearing in each county before adopting or materially revising the good agricultural practices.  The determination of whether a proposal requires a public hearing shall rest exclusively with the department.

(c)  Participation in the program under subsection (a) shall be voluntary for producers.  The department shall conduct audit and certification services under the program only for producers who apply, pay the relevant fee, and comply with the requirements set by the department.

As part of the program, the department shall collaborate with the University of Hawaii college of tropical agriculture and human resources to assist, train, and educate producers in complying with the applicable good agricultural practices.

The department shall not require any producer to be subject to audit or certification if the producer has not applied to participate in the program."

     SECTION 7.  Section 147-113, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§147-113[]]  Audits and certification; [requests necessary.] employees and agents; agreements and contracts. (a)  The department may designate any employee or agent of the department to conduct the audits and [certification] certifications authorized under this part [at the request of persons having a financial interest in the business or product.  These audits and certification may be requested, but in no case shall be required by the department].

(b)  The department may enter into cooperative agreements with the United States Department of Agriculture or other agreements and contracts with private parties or other governmental agencies to conduct the audits and certifications authorized under this part.

(c)  Farms that qualify for the direct marketing exemption under Title 21 United States Code 350h(f) shall be exempt from this section."

     SECTION 8.  Section 147-114, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§147-114[]]  Fees and deposit of moneys.  (a)  The department shall fix, assess, and collect fees for the audit and certification services provided under this part.  The fees shall be as established under cooperative agreement with the United States Department of Agriculture or other governmental agencies or, if not applicable, as established by rule [under section 147-7.] adopted pursuant to chapter 91.  The department may also charge an amount necessary to cover all costs [of traveling expenses] for travel and extraordinary services when the performance of the services involves unusual cost in their performance.

     (b)  [Except for fees collected by the department pursuant to part VII, all] All fees and expenses collected by the department pursuant to this part shall be deposited with the director of finance to the credit of the [general fund.] agricultural practices audit and certification revolving fund."

     SECTION 9.  Section 147-115, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§147-115[]]  Certificate as evidence.  A certificate issued under this part and all certificates issued under the authority of the Congress of the United States relating to matters covered by this part shall be acceptable in any court of this State as prima facie evidence of the status of a business or product at the time of its audit.

For the purposes of chapter 165, a certificate shall indicate that a producer has complied with good agricultural practices since receipt of the certificate."

PART II

     SECTION 10.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2012-2013 for statewide bee hive research conducted through the University of Hawaii system, including the purchase of hives and related equipment.  The appropriated moneys shall be allocated as follows:

     (1)  $           for the county of Hawaii;

     (2)  $           for the county of Maui;

     (3)  $           for the city and county of Honolulu;

     (4)  $           for the county of Kauai; and

     (5)  $           for the University of Hawaii at Hilo, college of agriculture, forestry, and natural resource management.

     The sum appropriated shall be expended by the department of agriculture for distribution to the counties and the University of Hawaii for the purposes of this part.

PART III

     SECTION 11.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 12.  This Act shall take effect on January 20, 2020.

Report Title:

Agriculture; Agricultural Safety and Security Program; Bees; Research; Appropriation

Description:

Authorizes the Department of Agriculture to establish a program to audit and certify that producers are following good agricultural practices.  Specifies that the program is voluntary for producers.  Requires the charge of fees and expenses.  Establishes an Agricultural Practices Audit and Certification Revolving Fund for the Program.  Appropriates funds to the Department of Agriculture and the counties for statewide bee hive research.  Effective January 20, 2020.  (SB1142 HD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.