Report Title:

Relating to Agricultural Commodities.

Description:

Moves coffee weighing provisions which were never implemented, and provisions regulating the advertising of fresh fruit and vegetables and coffee to the chapter dealing with agricultural grades and standards. Allows the use of the Certification Services Revolving Fund to hire temporary employees to assist in certifying chicken eggs and meat.

THE SENATE

S.B. NO.

2818

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO AGRICULTURAL COMMODITIES.

 

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

SECTION 1. Section 147-4, Hawaii Revised Statutes, is amended to read as follows:

"§147-4 Rules. The department may make rules, subject to chapter 91:

(1) Defining grades and grade labeling requirements of agricultural commodities and standard containers for packing of particular agricultural commodities;

(2) Prohibiting the sale, offering for sale, or transportation of agricultural commodities unless packed in standard containers and labeled with the appropriate grade or offgrade designation; provided that this prohibition shall not apply to the sale, offering for sale, or transportation to a plant for grading, packing, or processing, or transportation to a warehouse for storage;

(3) Prohibiting the use of grade terms or abbreviations of grade terms on agricultural commodities for which no grades have been established under this part;

(4) Defining "suitable shipping condition" for agricultural commodities which are to be shipped for sale from one island to another within the State or to points outside the State, and prohibiting such shipment for sale of agricultural commodities which do not meet the minimum standards set for "suitable shipping condition";

(5) Prescribing records to be kept in connection with purchases of agricultural commodities by persons, other than produce dealers purchasing from a producer or producers, for purposes of resale five or more tons of agricultural commodities during any one calendar month; [and]

(6) Prescribing records to be kept by produce dealers in connection with the purchase, sale, transport for sale, solicitation, or negotiation of sale with respect to an agricultural commodity[.];

(7) Regulating the advertisement of imported or Hawaii produced fresh fruits, fresh vegetables, or coffee through requirements for specifying size, grade, geographic origin, or quality, in conjunction with price; and

(8) Providing voluntary fee-for-service weighing of agricultural commodities and certification of the weight.

In making the rules the department shall take into account, among other things, the factors of maturity, condition, soundness, color, shape, size, and freedom from defects of the agricultural commodity in question and shall also take into consideration the official standards, grades, or classifications adopted by the secretary of the Department of Agriculture of the United States, commonly known as U.S. Grades."

SECTION 2. Section 147-97, Hawaii Revised Statutes, is amended to read as follows:

"§147-97 Disposition of fees. [All] Except for fees and charges derived from the certification or audit services provided by temporary inspectors employed under part VII, all fees collected under this part shall be paid into a special fund established by the department of agriculture and shall be expended for the purposes of this part."

SECTION 3. 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.] this chapter. 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, 147-97, 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 4. Section 141-4, Hawaii Revised Statutes, is repealed.

["§141-4 Weights of coffee; rules. The department of agriculture may make rules respecting the weighing of coffee prior to its shipment to points outside the State, and providing for the certification of weights thereof. Further, a reasonable schedule of fees to defray the expense of administering this section shall be established by the department, which fees shall be collected and deposited with the state director of finance to the credit of the general fund; provided that the department shall consult the appropriate industries, organizations, and agencies prior to the promulgation of the rules."]

SECTION 5. Part I of chapter 148, Hawaii Revised Statutes, is repealed.

SECTION 6. All rules adopted pursuant to section 148-2, Hawaii Revised Statutes, shall remain in force and effect and shall be construed to be adopted under section 147-4(7), Hawaii Revised Statutes.

SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 8. This Act shall take effect upon its approval.

INTRODUCED BY:

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BY REQUEST