Organic Agriculture

Establishes a new part on organically produced agricultural
products; includes definitions, rules authorization,
accreditation of certifying agents, labeling exceptions, and
administrative penalties.  (SD2)

THE SENATE                              S.B. NO.           S.D. 2
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-A  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 which 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 equine animals used for food or in the production of food, fish
19 used for food, wild or domesticated game, or other nonplant life.

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 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 annually sells no more
12 than $5,000 in value of agricultural products.
13      147-B  Rules.  The department may adopt rules, subject to
14 chapter 91:
15      (1)  Defining standards for organically produced
16           agricultural products;
17      (2)  Establishing requirements for accreditation and
18           registration of certifying agents;
19      (3)  Establishing requirements for labeling of organically
20           produced products; and
21      (4)  Establishing any other requirements necessary for the
22           enforcement of this part.
23 In adopting the rules the department shall take into account the

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 1 best interests of the consumer, the producer, and the public.
 2      147-C  Accreditation of certifying agents.(a)  Any
 3 certifying agent certifying persons whose organically produced
 4 agricultural products are sold in the State or shipped from the
 5 State for sale elsewhere, shall be accredited by the department
 6 in a manner established by rules adopted by the department.
 7      (b)  The department may request, as part of the
 8 accreditation process, a copy of the organic standards, and any
 9 other brochures, catalogues, or similar materials subscribed to
10 by the certifying agent seeking accreditation.
11      (c)  Certifying agents seeking accreditation by the
12 department shall submit with their request for accreditation all
13 logos, marks, or other indicia which will be used to identify
14 organically produced agricultural products produced by persons
15 certified by them.
16      (d)  Certifying agents shall submit to the department and
17 keep current a list of persons certified by them in the 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.
23      (f)  Any person claiming exemption to subsection (a) because

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 1 the person is a small farmer shall register with the department
 2 in a manner established by rules of the department.
 3      (g)  No person shall refer to accreditation under this part,
 4 compliance with the requirements of this part or rules adopted
 5 under this part, or to any agency or employee of the State in any
 6 manner that suggests that the State licenses, approves, or
 7 regulates its operations.
 8      147-D Labeling of organically produced agricultural
 9 products; exception.(a)  No agricultural product may be labeled
10 "organically produced", "certified organic", or claimed in any
11 other manner to be "organic", unless the product has been
12 produced by a person certified by a certifying agent accredited
13 by the department and is labeled with the logo, mark, or other
14 indicia of that certifying agent.
15      (b)  Subsection (a) shall not apply to small farmers selling
16 their products directly to the final consumer; provided that they
17 may not use the term "certified organic" or terms implying that
18 their product has been certified by a certifying agent.
19      (c)  The use of the terms "pesticide free", "residue free",
20 or other like terms is prohibited.
21      147-E Administrative penalties.  The department, after
22 notice and opportunity for a hearing, may fine any person who
23 violates this part or any rule adopted under this part, not more

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 1 than $1,000 for each separate offense.  Each day or instance of
 2 violation shall constitute a separate offense.  Any action taken
 3 to impose or collect the penalty provided for in this section
 4 shall be considered a civil action."
 5      SECTION 2.  In codifying the new part added to chapter 147,
 6 Hawaii Revised Statutes, by section 1 of this Act, the revisor of
 7 statutes shall substitute appropriate section numbers for the
 8 letters used in the designation of the new sections in this Act.
 9      SECTION 3.  This Act shall take effect on July 1, 2010.