STAND. COM. REP. 1047

Honolulu, Hawaii

, 2003

RE: S.B. No. 542

S.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Agriculture, to which was referred S.B. No. 542, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO ORGANIC LABELING,"

begs leave to report as follows:

The purpose of this bill is to establish provisions relating to certification and labeling of organically produced agricultural products. This bill, among other things:

(1) Allows the Department of Agriculture (DOA) to adopt rules establishing:

(A) Requirements for registration and recognition of certifying agents;

(B) Requirements for labeling of organically produced products at wholesale and retail; and

(C) Any other requirements necessary for enforcement of the certification and labeling provisions of this bill;

(2) Requires any certifying agent who certifies producers of agricultural products organically produced in the State to be registered with DOA;

(3) Requires certifying agents seeking registration with DOA to submit evidence of accreditation by the Secretary of the United States Department of Agriculture or an authorized designee;

(4) Requires certifying agents registered in the State to submit and keep current a list of producers certified by them in the State;

(5) Requires DOA to recognize, as certified organic, any agricultural product produced by producers in other states or countries who are certified by certifying agents in that state or country;

(6) Requires any person claiming to be a small farmer to register with DOA in a manner established by rules;

(7) Prohibits certifying agents from referring to compliance with the provisions of the bill to suggest that the State licenses, approves, or regulates the activities of certifying agents in certifying producers of organically produced agricultural products;

(8) Prohibits agricultural products from being labeled "100 percent organic", "organic", "made with organic (specified ingredients or food group(s))", or claimed in any other manner to be organic, unless the product meets federal labeling requirements under title 7, Code of Federal Regulations, section 205, part D;

(9) Exempts registered small farmers selling their products directly to the final consumer from the prohibitions established under (8), provided that the term "certified organic" or terms implying that the product has been certified by a certifying agent are not used; and

(10) Establishes administrative penalties for persons violating the provisions of this bill.

DOA, the Hawaii Farm Bureau Federation, and Hawaii Organic Farmers Association supported this bill. The Hawaii Agriculture Research Center supported the intent of this bill.

 

Your Committee notes that the provisions of this bill promote the idea of "truth in labeling", and will help protect legitimate producers of organic products from unfair competition as well as ensuring that consumers receive the genuine organic products that they are seeking.

As affirmed by the record of votes of the members of your Committee on Agriculture that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 542, S.D. 1, and recommends that it pass Second Reading and be referred to the Committee on Consumer Protection and Commerce.

 

Respectfully submitted on behalf of the members of the Committee on Agriculture,

 

____________________________

FELIPE P. ABINSAY, JR., Chair