Hawaii-2017-HB455-Amended

SECTION 1. Chapter 141, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

"§141- Fees; food safety certification activities; prohibited. (a) Notwithstanding any other law to the contrary, the department of agriculture shall not charge an agricultural producer for the department's costs of conducting any and all food safety certification activities under title 11.

(b) For the purposes of this section, the term "agricultural producer" shall have the same meaning as in section 155-5.6(d)."

SECTION 2. Section 141-12, Hawaii Revised Statutes, is amended to read as follows:

"[[]§141-12[]] Agricultural food safety certification program. (a) There is established within the department of agriculture an agricultural food safety certification program. The program shall:

(1) Develop and implement a certification system that shall at a minimum comply with the requirements of the FDA Food Safety Modernization Act;

(2) Support the agricultural industry and assist farmers and ranchers subject to the requirements of the FDA Food Safety Modernization Act by developing and implementing a food safety certification program that will concurrently satisfy the requirements of the department of agriculture and the FDA Food Safety Modernization Act;

(3) Conduct research into alternative, less burdensome methods by which Hawaii's farmers and ranchers can satisfy the requirements of the FDA Food Safety Modernization Act;

(4) Establish an education program, including online classes, that addresses compliance with state and federal food safety requirements for farmers and ranchers;

(5) Serve as an information clearinghouse for all matters related to the FDA Food Safety Modernization Act and any other food safety laws; and

(6) Undertake activities to improve and sustain the safety of agricultural foods and other functions as may be assigned by law.

(b) The chairperson of the board of agriculture may employ:

(1) One program manager and one specialist, who are qualified to apply the provisions and requirements of the FDA Food Safety Modernization Act to the program; and

(2) One clerical staff person.

(c) The program shall not charge any farmer or rancher for the department's costs of conducting any agricultural food safety certification activities.

[~~(c)~~] (d) For purposes of this section, "agricultural food" includes food that is applicable to farmers and ranchers under the FDA Food Safety Modernization Act."

SECTION 3. Section 159-32, Hawaii Revised Statutes, is amended to read as follows:

"[[]§159-32[]] Reimbursement for inspection. The department may perform inspection of meat and meat products derived from exotic animals when requested by persons desiring [~~such~~] an inspection. Persons requesting and receiving inspection service under this part shall [~~reimburse~~] not be charged by the State for [~~all~~] the costs incurred by the State in the provision of the service. [~~All such reimbursements shall be deposited into the general fund.~~]"

SECTION 4. Section 159-46, Hawaii Revised Statutes, is amended to read as follows:

"§159-46 Inspection; overtime compensation. (a) All animals slaughtered by any slaughterhouse duly licensed under this part shall be inspected by an inspector duly authorized by the department, both before and after slaughtering, and no animal shall be slaughtered, or after slaughter, be sold, transported, offered for sale or transportation, or received for transportation in commerce unless the slaughtering thereof or the use thereof in commerce, after slaughtering, is approved by an inspector.

(b) The management of any processing establishment[,] or slaughterhouse, or the owner of any animal to be slaughtered requiring the services of an inspector in excess of eight consecutive hours on any workday, or in excess of forty hours in any workweek, or on legal holidays, shall [~~pay~~] not be liable to the department for overtime inspection services[~~, the current state overtime rate for each hour of work performed by the inspector~~].

(c) The department shall pay the inspector for all overtime inspection services performed; provided that the party requesting or requiring the overtime inspection services shall, sufficiently in advance of the overtime period, arrange with the department for the services."

SECTION 5. Section 161-41, Hawaii Revised Statutes, is amended to read as follows:

"§161-41 Inspection; compensation. (a) All poultry slaughtered by any slaughterhouse licensed under this part shall be inspected by inspectors authorized by the department, both before and after slaughtering, and no poultry shall be slaughtered, or after slaughter, be sold, transported, offered for sale or transportation, or received for transportation, in intrastate commerce unless the slaughtering or the use after slaughtering in intrastate commerce is approved by an inspector.

(b) The management of any processing establishment or slaughterhouse, or the owner of any poultry to be slaughtered requiring the services of an inspector in excess of eight consecutive hours on any workday, or in excess of forty hours in any workweek, or on legal holidays, shall [~~pay~~] not be liable to the department for any overtime inspection services [~~the current state overtime rate for each hour of work performed by the inspector~~].

(c) The department shall pay the inspector, or inspectors, for all overtime inspection services performed[,]; provided that the party requesting or requiring the overtime inspection services shall, sufficiently in advance of the overtime period, arrange with the department for the services."

SECTION 6. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

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

SECTION 8. This Act shall take effect on July 31, 2150.

HOUSE OF REPRESENTATIVES	H.B. NO.	455
TWENTY-NINTH LEGISLATURE, 2017		H.D. 1
STATE OF HAWAII