Report Title:

Organic Agriculture; Registration of Certifying Agents; Labels

 

Description:

Assists the organic agriculture industry by (1) requiring certification of organically produced agriculture as per federal standards; (2) establishing registration requirements for certifying agents; (3) establishing labeling requirements; and (4) establishing penalties for violations.

 

THE SENATE

S.B. NO.

220

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to agriculture.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Chapter 147, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"PART . ORGANICALLY PRODUCED AGRICULTURAL PRODUCTS

§147-A Definitions. As used in this part:

"Agricultural product" means any agricultural commodity or product, whether raw or processed, including any commodity or product derived from livestock that is marketed in the State for human or livestock consumption.

"Board" means the board of agriculture.

"Certified organic" means any agricultural product that has been organically produced by a producer and certified by a certifying agent as meeting the standards under the National Organic Program as provided in title 7, part 205, Code of Federal Regulations.

"Certifying agent" means any person accredited by the secretary to certify producers of organically produced agricultural products.

"Claimed organic" means any agricultural product that has been organically produced by a small farmer.

"Department" means the department of agriculture.

"Livestock" means any cattle, sheep, goats, swine, poultry, or equine animals used as food or in the production of food, fish used for food, wild or domesticated game, or other nonplant life.

"Person" means an individual, group of individuals, corporation, association, organization, cooperative, or other entity.

"Processed" means cooked, baked, heated, dried, mixed, ground, churned, separated, extracted, cut, fermented, eviscerated, preserved, dehydrated, frozen, or otherwise manufactured, and includes packaging, canning, jarring, or otherwise enclosing food in a container.

"Producer" means any person who produces, handles, processes, or packages organically produced agricultural products and sells more than $5,000 annually in value of organically produced agricultural products.

"Secretary" means the Secretary of the United States Department of Agriculture or an authorized designee.

"Small farmer" means any person who produces and sells no more than $5,000 annually in value of organically produced agricultural products.

§147-B Rules. The department shall adopt rules, subject to chapter 91:

(1) Establishing requirements for registration and recognition of certifying agents;

(2) Establishing requirements for labeling of organically produced products; and

(3) Establishing any other requirements necessary for the enforcement of this part.

§147-C Registration and recognition of certifying agents. (a) Any certifying agent who certifies producers of agricultural products organically produced in the State shall be registered with the department in a manner established by rules.

(b) The department may request, as part of the registration process, a copy of the organic standards, and any other brochures, catalogues, or similar materials relied on by the certifying agent seeking registration.

(c) Certifying agents seeking registration with the department shall submit with their request for registration evidence of accreditation by the secretary, as well as all logos, marks, or other indicia used to identify organically produced agricultural products produced, handled, processed, or packaged by producers certified by the certifying agent.

(d) Certifying agents registered in the State shall submit to the department and keep current a list, including contact information, of producers certified by them in the State.

(e) The department shall not refuse registration to any certifying agent who meets the requirements of this part.

(f) The department shall recognize as certified organic any agricultural products produced by producers in other states or countries who are certified by certifying agents.

(g) Any person claiming to be a small farmer shall register with the department in a manner established by rules.

(h) No certifying agent shall refer to registration or recognition under this part, compliance with the requirements of this part, rules adopted under this part, or to any agency or employee of the State in any manner that suggests that the State licenses, approves, or regulates the activities of the certifying agent in certifying producers of organically produced agricultural products.

§147-D Labeling of organically produced agricultural products; exception. (a) No agricultural product may be labeled "organically produced", "certified organic", or claimed in any other manner to be organic, unless the product has been produced by a producer certified by a certifying agent registered with or recognized by the department and is labeled with the logo, mark, or other indicia of that certifying agent.

(b) Subsection (a) shall not apply to small farmers selling their products directly to the final consumer; provided that they shall not use the term "certified organic" or terms implying that their product has been certified by a certifying agent. A registered small farmer may use the term "claimed organic" on the farmer's organically produced agricultural products.

§147-E Administrative penalties. (a) After notice and opportunity for a hearing, the board may fine any person who violates this part or any rule adopted under this part not more than $1,000 for each separate offense. Each day or instance of violation shall constitute a separate offense.

(b) The proposed penalty shall become a final order unless, within twenty days of receipt of the notice, the person or persons charged make a written request for a hearing.

(c) In the case of inability to collect the administrative penalty or failure of any person to pay all or such portion of the administrative penalty as the board may determine, the board shall refer the matter to the attorney general, who shall recover the amount by action in the appropriate court. In any judicial proceeding to recover the administrative penalty imposed, the attorney general need only show that:

(1) Notice was given;

(2) A hearing was held or the time granted for requesting a hearing has expired without such a request;

(3) The administrative penalty was imposed; and

(4) The penalty remains unpaid."

SECTION 2. In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:

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