SB2692 SD2.DOC

SECTION 1. The legislature supports the department of agriculture's goal to integrate programs in order to develop Hawaii's agriculture industry and food security. Hawaii's agriculture industry has transformed from sugar and pineapple production to diversified agriculture and now faces such complexities as diversified export markets, increased pest pressure, global competitiveness, sustainability, food safety, food security, and self-sufficiency. Addressing these issues should be a coordinated effort among agricultural, transportation, and research organizations, as well as other federal and state agencies working in collaboration with private businesses.

The legislature finds that the establishment of the agricultural development and food security program within the department of agriculture would address all aspects of agriculture from farm to market. The farm-to-market concept, although linear, includes interrelationships between the private and public sectors to develop and improve agriculture in the State. The farm-to-market concept impacts areas that are not under the purview of the department of agriculture but are critical to the development of agriculture. These include agricultural lands, water treatment, pest management programs, food safety, distribution and biosecurity systems, industry and market development, and policy issues.

An agricultural development and food security program would:

(1) Position the agricultural industry to be sustainable and to achieve critical mass;

(2) Increase availability of locally grown and produced commodities in the marketplace;

(3) Expand agricultural exports to domestic and foreign markets, and establish Hawaii as a global leader in agriculture and agriculture technologies;

(4) Develop sustainable practices that ensure self-sufficiency in crop production; and

(5) Protect Hawaii's agriculture, environment, and natural resources.

The program would assist the department of agriculture to develop elements of the agriculture industry including farm inputs, agricultural infrastructure, labor, biosecurity, food safety, sustainability, market development, and research and development. The department of agriculture is the most appropriate state agency to oversee the development of agriculture in Hawaii. To succeed, the program requires active participation from the agricultural industry, transportation industry, the University of Hawaii college of tropical agriculture and human resources, public and private research entities, and other federal and state agencies.

The purpose of this Act is to direct the department of agriculture to develop, coordinate, fund, and integrate new and existing programs, facilities, and projects to establish and promote the development of the agriculture and food security program within the State.

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

"§141- Agricultural development and food security program; establishment. There is established within the department an agricultural development and food security program that shall:

(1) Provide oversight, administration, coordination, revenue development, and funding to develop Hawaii's agriculture industry from farm to market; and

(2) Collaborate with private and public organizations and agencies to implement the objectives of the agricultural development and food security program.

§141- Objectives of the agricultural development and food security program. The objectives of the agricultural development and food security program shall be to:

(1) Increase agriculture sustainability and improve the economic viability of the State's agriculture industry, including development of data to measure progress;

(2) Develop and implement programs to assist farm, nursery, and livestock production;

(3) Coordinate, fund, and establish agriculture industry development programs;

(4) Develop and implement programs to increase agricultural exports to domestic and foreign markets;

(5) Establish Hawaii as a global leader in agriculture and agriculture technologies;

(6) Develop and implement concepts and programs to expand the market share of locally-grown agriculture;

(7) Support and assist in developing a farm-to-school program;

(8) Develop and implement research and technology transfer programs for varietals, treatment, pest control, diagnostics, and farm inputs;

(9) Support and coordinate with other appropriate programs within the department such as infrastructure development, biosecurity, and food safety;

(10) Ensure the product integrity of agricultural commodities branded as "made in Hawaii" to protect Hawaii's identity as a producer; and

(11) Review, coordinate, update, oversee, and comment on government policies that affect the State's agriculture and food security."

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 implementation and promotion of the agricultural development and food security program.

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

SECTION 4. Section 141-10, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) Subject to legislative appropriation, moneys in the special fund may be expended for the following purposes:

(1) The awarding of grants to farmers for agricultural production or processing activity;

(2) The acquisition of real property for agricultural production or processing activity;

(3) The improvement of real property, dams, reservoirs, irrigation systems, and transportation networks necessary to promote agricultural production or processing activity, including investigative studies to identify and assess necessary improvements to dams, reservoirs, irrigation systems, and transportation networks;

(4) The purchase of equipment necessary for agricultural production or processing activity;

(5) The conduct of research on and testing of agricultural products and markets;

(6) The funding of agricultural inspector positions within the department of agriculture;

(7) The promotion and marketing of agricultural products grown or raised in the State;

(8) Water quality testing and improvement; [~~and~~]

(9) The promotion and implementation of the agricultural development and food security program; and

[~~(9)~~] (10) Any other activity intended to increase agricultural production or processing that may lead to reduced importation of food, fodder, or feed from outside the State."

SECTION 5. Act 73, Session Laws of Hawaii 2010, is amended by amending section 14 to read as follows:

"SECTION 14. This Act shall take effect on July 1, 2010; provided that sections 2, 3, and 4[~~, and 7~~] of this Act shall be repealed on June 30, 2015, and sections 128D-2, 201-12.8, and 243.3.5, Hawaii Revised Statutes, shall be reenacted in the form in which they read on June 30, 2010."

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect on July 1, 2012.

THE SENATE	S.B. NO.	2692
TWENTY-SIXTH LEGISLATURE, 2012		S.D. 2
STATE OF HAWAII