Organic Agriculture

Requires the department of agriculture to:  (1) Define standards
for organically produced agricultural products; (2) Establish
requirements for accreditation and registration of certifying
agents; (3) Establish requirements for labeling of organically
produced products; and (4) Establish any other necessary
requirements.  Establishes administrative penalties for
violations.  (HB2995 HD1)

HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            

                     A BILL FOR AN ACT



 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:
 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 that 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 or equine animals used for food or in the production of food,
19 fish used for food, wild or domesticated game, or other non-plant
20 life.

Page 2                                                     2995
                                     H.B. NO.           H.D. 1

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

Page 3                                                     2995
                                     H.B. NO.           H.D. 1

 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 pursuant to procedures 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 the department in the
17 state.
18      (e)  The department shall require persons accredited by the
19 department as certifying agents to meet the accreditation
20 requirements of the Secretary when they are established.  The
21 department shall not refuse accreditation to any certifying agent
22 accredited by the Secretary.

Page 4                                                     2995
                                     H.B. NO.           H.D. 1

 1      (f)  Any person claiming exemption to section 147-   (a)
 2 because they are a small farmer shall register with the
 3 department pursuant to procedures adopted by the department.
 4      (g)  No person shall refer to accreditation under this part,
 5 compliance with the requirements of this part, or procedures
 6 adopted under this part, or to any agency or employee of the
 7 State in any manner that suggests that the State licenses,
 8 approves, or regulates its operations.
 9      147-     Labeling of organically produced agricultural
10 products; exemption.(a)  No agricultural product may be labeled
11 organically produced, certified organic, or claimed in any other
12 manner to be organic, unless the product has been produced by a
13 person certified by a certifying agent accredited by the
14 department and is labeled with the logo, mark, or other indicia
15 of the certifying agent.
16      (b)  This section shall not apply to small farmers selling
17 their products directly to the final consumer; provided that
18 small farmers shall not use the term "certified organic" or terms
19 implying that their product has been certified by a certifying
20 agent.
21      (c)  The use of the terms "pesticide free", residue free",
22 or other like terms is prohibited.

Page 5                                                     2995
                                     H.B. NO.           H.D. 1

 1      147-     Administrative penalties.  The department shall,
 2 after notice and opportunity for a hearing, fine any person who
 3 violates this part or any procedure adopted under this part, not
 4 more than $1,000 for each separate offense.  Each day or instance
 5 of violation shall constitute a separate offense.  Any action
 6 taken to impose or collect the penalty provided for in this
 7 section shall be considered a civil action."
 8      SECTION 2.  This Act shall take effect upon its approval.