Report Title:

Organic Agricultural Products; Labeling; Certifying Agents

Description:

Requires certifying agents who certify agricultural products organically produced in the State to register with the State; establishes other conditions and requirements for registration; prohibits labels that claim a product is organic unless the product meets federal labeling requirements and exempts small farmers from this prohibition under certain conditions; establishes administrative penalties. (HB544 HD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

544

TWENTY-SECOND LEGISLATURE, 2003

H.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO organic labeling.

 

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-    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 certified by a certifying agent.

"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 non-plant 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-    Rules. The department may adopt rules, subject to chapter 91:

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

(2) Establishing requirements for the labeling of organically produced products at wholesale and retail; and

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

§147-    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, as part of the registration process, may request a copy of any 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 product 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 or 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-    Labeling of organically produced agricultural products; exception. (a) No agricultural product may be 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 the labeling requirements as specified in Title 7 Code of Federal Regulations section 205 part D.

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

§147-    Administrative penalties. The board, after notice and opportunity for a hearing, may fine any person who violates this part or any ruled adopted under this part, not more than $1,000 for each separate offense. Each day or instance of violation shall constitute a separate offense. The proposed penalty shall become a final order unless, within twenty days of receipt of notice, the person or persons charged make a written request for a hearing. 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. For any judicial proceeding to recover the administrative penalty imposed, the attorney general need only show that notice was given, a hearing was held or the time granted for requesting a hearing has expired without such a request, the administrative penalty was imposed, and the penalty remains unpaid."

SECTION 2. This Act shall take effect upon its approval.