Bill Text: HI HB1051 | 2016 | Regular Session | Amended
Bill Title: Department of Agriculture; Rulemaking; Declaration of Hawaii Geographic Indication
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Engrossed - Dead) 2016-01-21 - Re-Referred to WLA, CPH. [HB1051 Detail]
Download: Hawaii-2016-HB1051-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1051 |
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TWENTY-EIGHTH LEGISLATURE, 2015 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO AGRICULTURE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature recognizes that the department of agriculture has the authority to adopt rules pursuant to chapter 91, Hawaii Revised Statutes. The legislature further recognizes the value of the "Hawaii" designation on agricultural commodities.
The purpose of this Act is to allow the department of agriculture to establish rules relating to Hawaii geographic origin labeling of agricultural commodities.
SECTION 2. 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 declaration of Hawaii geographic origin, 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 declaration of Hawaii geographic origin and 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;
(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; [and]
(7) Relating to the inspection and documentation of
the geographic origin of Hawaii-grown green coffee beans[.]; and
(8) Relating to the use of a declaration of Hawaii geographic origin.
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 3. Section 147-22, Hawaii Revised Statutes, is amended to read as follows:
"§147-22 Rules. The department shall have the necessary powers to carry out and effectuate the purposes of this part, including the following:
To establish, prescribe, modify, or alter, by
rules, such grades, standards, grade labels, [and] classifications,
and declaration of Hawaii geographic origin as shall be the minimum
requirements for fresh and processed agricultural commodities destined for
shipment by commercial exporters to points outside the State; provided that the
provisions of such grades, standards, grade labels, [and]
classifications, and declaration of Hawaii origin shall not excuse
failure to comply with the provisions of the federal and state food, drug, and
cosmetic acts. The department in establishing such rules shall consult with
appropriate state and federal agencies and with any appropriate industry or
trade organization. The standards, grades, grade labels, [and]
classifications, and declaration of Hawaii origin so established shall
be on the basis of what the department may deem best suited to the
agricultural, horticultural, or other interests of the State; provided that the
minimum requirements for the grades, standards, grade labels, [and]
classifications, and declaration of Hawaii geographic origin so
established for processed agricultural commodities shall not be higher than
that of any standardized product which is sanitary and which has been
demonstrated to be a commercially-acceptable product of the class to which it
belongs and for which a market has been established; provided further that
different minimum requirements may be applied to different styles of processed
agricultural commodities; and provided further that any processed pineapple
product, in which the fruit ingredient is at least ninety-five per cent
pineapple in compliance with the provisions of the federal and state food,
drug, and cosmetic acts, may be exported from the State."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2112.
Report Title:
Department of Agriculture; Rulemaking; Declaration of Hawaii Geographic Origin.
Description:
Authorizes the Department of Agriculture to adopt rules relating to the declaration of Hawaii origin for agricultural commodities. Effective 7/1/2112. (HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
