HOUSE OF REPRESENTATIVES

H.B. NO.

1947

TWENTY-SIXTH LEGISLATURE, 2012

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO AGRICULTURE.

 

 

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

 


     SECTION 1.  The importance of agriculture to the State is reflected in the Hawaii state constitution, article XI, section 3.  Agriculture not only provides food and other basic needs to society, but has also proven to be an economic engine supporting the State.  Agriculture provides the basis for increased self sufficiency, which is important to an island state.

     Increased globalization and changes in food management have introduced new risks in the food supply system.  Risks occur at all levels of food production and management, and are not inherent to any one type of operation.  The 2011 Colorado cantaloupe foodborne illness incident demonstrated that individual incidents are far reaching, impacting the entire industry and related industries within the locale.  New risks constantly arise, such as the emergence of the rat lungworm nematode on the island of Hawaii.  When consumed, the rat lungworm nematode can cause serious illness, which has happened several times during the past few years.  Recent cases of foodborne illnesses illustrate the need to understand the innumerable details involved in food production and to implement practices that result in food safety.

     The agricultural industry has recognized that there are practices that if done correctly, can result in good stewardship of the land, increased worker safety, and ultimately lead to safe products for the consumer.  These practices, known as generally accepted agricultural management practices or good agricultural practices, are written to provide uniform, statewide standards and acceptable management practices based on science.  These practices can assist producers in the various sectors of the industry in improving their own agricultural managerial routines.  The generally accepted agricultural management practices are reviewed annually and revised as new scientific discoveries and changing economic conditions require.  Generally accepted agricultural management practices or good agricultural practices are recognized by regulatory agencies such as the United States Food and Drug Administration.

     Livestock generally accepted agricultural management practices provide guidance for ranchers to ensure sound animal welfare practices and promote animal husbandry and care.  State adoption and recognition of these standards are critical to allow farmers and ranchers to have access to the widest array of tools to provide agricultural products to the people of Hawaii.

     The purpose of this Act is to strengthen the agricultural safety and security program of the department of agriculture by, among other things:

     (1)  Requiring the department to adopt generally accepted agricultural and management practices;

     (2)  Authorizing the department to establish a program to audit and certify that producers are following the generally accepted agricultural and management practices; and

     (3)  Establishing the agricultural practices audit and certification revolving fund to establish and maintain the generally accepted agricultural and management practices program.

     SECTION 2.  Chapter 147, Hawaii Revised Statutes, is amended by adding a new section to part VIII to be appropriately designated and to read as follows:

     "§147-A  Agricultural practices audit and certification revolving fund.  (a)  There is established the agricultural practices audit and certification revolving fund to be administered by the department.

     (b)  Fees received by the department for audits and certifications under this part shall be deposited into the revolving fund.

     (c)  The proceeds of the revolving fund shall be expended by the department to establish and update generally accepted agricultural and management practices, conduct the audit and certification services of this part, and assist, train, and educate producers to achieve certification.

     (d)  Nothing in this part shall prohibit the legislature from supplementing the operation of this part with funds from outside the revolving fund."

     SECTION 3.  Chapter 147, Hawaii Revised Statutes, is amended by amending its title to read as follows:

"CHAPTER 147

GRADES [AND], STANDARDS, SAFETY AND SECURITY"

     SECTION 4.  Section 147-101, Hawaii Revised Statutes, is amended to read as follows:

     "§147-101  Certification services revolving fund.  There is established a certification services revolving fund for use by the department of agriculture to support certification or audit services established under parts I, III, IV, [VIII,] and IX.  Moneys in the fund may be expended for materials, salaries, equipment, training, travel, and other costs related to providing certification or audit services.  Notwithstanding sections 147-10, 147-34, 147-64, [147-114] and 147-126, moneys derived from the certification or audit services provided by temporary inspectors employed under this part or from charges for traveling expenses or extraordinary services shall be deposited into the fund."

     SECTION 5.  Section 147-102, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§147-102[]]  Certification and audit services.  The department of agriculture shall fix, assess, and collect fees for certification or audit services provided by temporary inspectors employed under this part.  The fees shall be in amounts necessary to cover all costs of the administration and provision of the certification or audit services provided under this part; provided that the department of agriculture shall establish charges for traveling expenses and extraordinary services when the performance of the services involves unusual cost.  The fees and charges established by the department of agriculture shall not be subject to chapter 91.  The department of agriculture may employ temporary inspectors to assist in providing certification or audit services under parts I, III, IV, [VIII,] and IX, and those temporary inspectors shall be exempt from chapter 76."

     SECTION 6.  Section 147-111, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§147-111[]]  Definitions.  As used in this part, unless the context otherwise requires:

     "Department" means the department of agriculture.

     "Generally accepted agricultural and management practices" means the practices adopted by the department in accordance with section 147-112.

     "Producer" means the same as defined under section 147-1."

     SECTION 7.  Section 147-112, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§147-112[]  Cooperative agreements and contracts to provide] Agricultural safety and security; auditing and certification services.  (a)  The department may [enter into cooperative agreements with the United States Department of Agriculture or other agreements and contracts with private parties or other governmental agencies for the purposes of:] establish a program to audit and certify that producers are:

     (1)  [Auditing and certifying that applicants are following good agricultural, handling, processing, and manufacturing practices;] Following generally accepted agricultural and management practices; and

     (2)  Maintaining food security and [product] traceability.

     (b)  The department shall adopt generally accepted agricultural and management practices as deemed necessary after giving due consideration to available information of the department and written recommendations from the university of Hawaii college of tropical agriculture and human resources and any other governmental or private organization, the input of which is solicited by the department.

     The department shall adopt the generally accepted agricultural and management practices without necessity of compliance with chapter 91; provided that the department shall hold at least one public hearing in each county before adopting or materially revising the general accepted agricultural and management practices.  The determination of whether a proposal requires a public hearing shall rest exclusively with the department.

     (c)  Participation in the program of this part shall be voluntary for producers.  The department shall conduct audit and certification services under the program only for producers who apply and pay the relevant fee to and comply with other requirements set by the department.

     As part of the program, the department shall assist, train, and educate producers in complying with the applicable generally accepted agricultural and management practices.

     The department shall not require any producer to be subject to audit or certification if the producer has not applied to participate in the program."

     SECTION 8.  Section 147-113, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§147-113[]]  Audits and certification; [requests necessary.] employees, agents, agreements.  (a)  The department may designate any employee or agent of the department to conduct the audits and [certification] certifications authorized under this part [at the request of persons having a financial interest in the business or product.  These audits and certification may be requested, but in no case shall be required by the department].

     (b)  The department also may enter into cooperative agreements with the United States Department of Agriculture or other agreements and contracts with private parties or other governmental agencies to conduct the audits and certifications authorized under this part."

     SECTION 9.  Section 147-114, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§147-114[]]  Fees and deposit of moneys.  (a)  The department shall fix, assess, and collect fees for the audit and certification services provided under this part.  The fees shall be as established under cooperative agreement with the United States Department of Agriculture or other governmental agencies or, if not applicable, as established by rule [under section 147-7.] adopted pursuant to chapter 91.  The department may also charge an amount necessary to cover all costs of traveling expenses and extraordinary services when the performance of the services involves unusual cost in their performance.

     (b)  [Except for fees collected by the department pursuant to part VII, all] All fees and expenses collected by the department pursuant to this part shall be deposited with the director of finance to the credit of the [general fund.] agricultural practices audit and certification revolving fund."

     SECTION 10.  Section 147-115, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§147-115[]]  Certificate as evidence.  A certificate issued under this part and all certificates issued under the authority of the Congress of the United States relating to matters covered by this part shall be acceptable in any court of this State as prima facie evidence of the status of a business or product at the time of its audit.

     In addition, for the purpose of chapter 165, a certificate shall indicate that a producer has complied with generally accepted agricultural and management practices since receipt of the certificate."

     SECTION 11.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 12.  This Act shall take effect upon its approval.


 


 

Report Title:

Agriculture; Agricultural Safety and Security Program

 

Description:

Authorizes the Department of Agriculture to establish an Agricultural Safety and Security Program.  Requires, under the Program, the Department to conduct audit and certification services that indicate a producer's compliance with generally accepted agricultural and management practices and food security and traceability requirements.  Specifies that the Program is voluntary for producers.  Requires the charge of fees and expenses.  Establishes an Agricultural Practices Audit and Certification Revolving Fund for the Program.  (HB1947 HD1)

 

 

 

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