SB1142 SD1.DOC

SECTION 1. Good agricultural practices are guidelines designed by the United States Food and Drug Administration and Department of Agriculture to produce safe products and eliminate potential for product contamination. Good agricultural practices, among other things, include guidance on human hygiene, animals and their manures, water quality for irrigation and produce rinse, and agricultural pesticides. These standards are being adopted by the world's leading farmers, who understand that they have a responsibility to provide the safest food possible to consumers.

Recently the Food Safety Modernization Act was signed into law. The law authorizes the Food and Drug Administration and the Secretary of Human Services to increase inspections of many domestic food facilities and enhance detection of food borne illnesses.

Safe production, distribution, and consumer handling of food requires knowledge of food borne pathogens, chemical toxins, food quality, and labeling. Our current system of regulation is unprepared, understaffed, or untrained for the rapid changes that have occurred in risk assessment, changes in production and distribution methodologies, and new foods and emerging pathogens. Food safety programs are also not integrated among government agencies, hampering communication and cooperation.

In addition, many of Hawaii's growers are not implementing good agricultural practices. This failure to follow science-based, risk-adverse food production practices is made worse by the existence of the rat lungworm nematode in Hawaii. When consumed, this nematode can cause serious illness, as has happened numerous times during the past couple years.

The purpose of this Act is to:

(1) Establish a food safety and security program within the department of agriculture;

(2) Make an appropriation to the department of agriculture for the food safety and security program; and

(3) Provide a grant pursuant to chapter 42F to 4Ag Hawaii.

PART I

SECTION 2. Chapter 141, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"PART . FOOD SAFETY AND SECURITY PROGRAM

§141- Food safety and security program; establishment.

There shall be established within the department of agriculture a food safety and security program that shall:

(1) Provide training, certification, support, and assistance to the agriculture industry; and

(2) Interface with other state and federal agencies to meet the requirements of this part.

§141- Objectives. (a) The objectives of the food safety and security program shall be to:

(1) Assist the Hawaii agricultural industry achieve food safety and security in a cost effective and efficient manner;

(2) Provide an integrative system to tie food safety and security with other department mandates, including biosecurity and quality assurance; and

(3) Respond effectively to federal rules, regulations, and guidelines to minimize harm to Hawaii's agricultural industry.

(b) In order to meet the objectives of subsection (a), the department shall:

(1) Establish, operate, or participate in establishing port facilities where agricultural commodities can be inspected, quarantined, fumigated, disinfected, destroyed, or otherwise treated for any disease;

(2) Perform all inspections and certifications of agricultural commodities in an efficient, effective, and expeditious manner; and

(3) Develop and implement programs to educate and develop the agricultural industry to meet state and federal laws, rules, and regulations.

For purposes of this section, "agricultural commodities" means any grain, livestock, poultry, fruit, plant, timber, or any other item produced from agricultural activities and shall include trees, shrubs, herbs, and other plants."

SECTION 3. Section 141-2, Hawaii Revised Statutes, is amended to read as follows:

"§141-2 Rules. Subject to chapter 91 the department of agriculture shall adopt, amend, and repeal rules not inconsistent with law, for and concerning:

(1) The introduction, transportation, and propagation of trees, shrubs, herbs, and other plants;

(2) The quarantine, inspection, fumigation, disinfection, destruction, or exclusion, either upon introduction into the State, or at any time or place within the State, of any nursery-stock, tree, shrub, herb, vine, cut-flower, cutting, graft, scion, bud, seed, leaf, root, or rhizome; any nut, fruit, or vegetable; any grain, cereal, or legume in the natural or raw state; any moss, hay, straw, dry-grass, or other forage; any unmanufactured log, limb, or timber; or any other plant growth or plant product unprocessed or in the raw state; any sand, soil, or earth; any live bird, reptile, insect, or other animal, in any stage of development, that is in addition to the so-called domestic animals, which are provided for in section 142-2; and any box, barrel, crate, or other containers in which the articles, substances, or objects have been transported or contained, and any packing material used in connection therewith, that is or may be diseased or infested with insects or likely to assist in the transmission or dissemination of any insect or plant disease injurious, harmful, or detrimental, or likely to become injurious, harmful, or detrimental to the agricultural or horticultural industries or the forests of the State, or that is or may be in itself injurious, harmful, or detrimental to the same (included therein may be rules governing the transportation of any of the articles, substances, or objects enumerated above in this section between different localities on any one of the islands within the State);

(3) The prohibition of importation into the State, from any or all foreign countries or from other parts of the United States, or the shipment from one island within the State to another island therein, or the transportation from one part or locality of any island to another part or locality of the same island, of any specific article, substance, or object or class of articles, substances, or objects, among those enumerated above in this section, that is diseased or infested with insects or likely to assist in the transmission or dissemination of any insect or plant disease injurious, harmful, or detrimental or likely to be injurious, harmful, or detrimental to the agricultural or horticultural industries, or the forests of the State, or that is or may be in itself injurious, harmful, or detrimental to the same;

(4) The preparation by cargo carriers of manifests of cargo transported into the State or between islands of the State and the submission of the manifests to the department; [~~and~~]

(5) The manner in which agricultural product promotion and research activities may be undertaken, after coordinating with the agribusiness development corporation[.]; and

(6) The production, processing, and distribution of food products or agricultural commodities in order to meet state and federal food safety standards.

For purposes of this section, "agricultural commodities" means any grain, livestock, poultry, fruit, plant, timber or any other item produced from agricultural activities and shall include those items listed in paragraph (1).

All rules adopted under this section shall have the force and effect of law."

SECTION 4. 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 2011-2012 for the food safety and security program.

The sum appropriated shall be expended by the department of agriculture for the purposes of this part.

PART II

SECTION 5. Established as a Hawaii nonprofit corporation in 2009, 4Ag Hawaii is a collaborative private-public sector partnership focused on sustainable agricultural economic development. The partnership is committed to raising the awareness of the importance of agriculture and expanding the agricultural industry in Hawaii. One of 4Ag Hawaii's goals is to promote and conduct economic and educational programs.

The purpose of this part is to appropriate funds so that 4Ag Hawaii may expand the outreach and electronic educational initiatives begun in 2010 and enhance those initiatives through increased participation by the department of education, the visitor industry, and the agricultural and educational communities. The legislature finds that this part will serve a public purpose by helping the State move towards improved food safety and security.

SECTION 6. There is appropriated out of the general revenues of the State of Hawaii the sum of $500,000 or so much thereof as may be necessary for fiscal year 2011-2012 as a grant pursuant to chapter 42F, Hawaii Revised Statutes, to the 4Ag Hawaii nonprofit corporation to expand its outreach and electronic educational initiatives begun in 2010.

The sum appropriated shall be expended by the department of agriculture for the purposes of this part.

SECTION 7. This Act shall take effect upon approval; provided that sections 4 and 6 shall take effect on July 1, 2011.

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