Bill Text: HI SB2981 | 2018 | Regular Session | Introduced


Bill Title: Relating To Agriculture.

Spectrum: Partisan Bill (Democrat 13-0)

Status: (Introduced - Dead) 2018-01-26 - Referred to AEN, JDC. [SB2981 Detail]

Download: Hawaii-2018-SB2981-Introduced.html

THE SENATE

S.B. NO.

2981

TWENTY-NINTH LEGISLATURE, 2018

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to agriculture.

 

 

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

 


     SECTION 1.  Section 165-2, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

     ""Subsistence farming" means a farming operation primarily for direct personal or family consumption and not for commercial purposes."

     SECTION 2.  Section 165-2, Hawaii Revised Statutes, is amended by amending the definition of "farming operation" to read as follows:

     ""Farming operation" means a commercial agricultural, silvicultural, or aquacultural facility or pursuit conducted, in whole or in part, including the care and production of livestock and livestock products, poultry and poultry products, apiary products, and plant and animal production for nonfood uses; the planting, cultivating, harvesting, and processing of crops; and the farming or ranching of any plant or animal species in a controlled salt, brackish, or freshwater environment.  "Farming operation" includes but shall not be limited to:

     (1)  Agricultural-based commercial operations as described in section [[]205-2(d)(15)[]];

     (2)  Noises, odors, dust, and fumes emanating from a commercial agricultural or an aquacultural facility or pursuit;

     (3)  Operation of machinery and irrigation pumps;

     (4)  Ground and aerial seeding and spraying;

     (5)  The application of chemical fertilizers, conditioners, insecticides, pesticides, and herbicides; [and]

     (6)  The employment and use of labor[.]; and

     (7)  Subsistence farming.

A farming operation that conducts processing operations or salt, brackish, or freshwater aquaculture operations on land that is zoned for industrial, commercial, or other nonagricultural use shall not, by reason of that zoning, fall beyond the scope of this definition; provided that those processing operations form an integral part of operations that otherwise meet the requirements of this definition."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Hawaii Right to Farm Act; Subsistence Farming

 

Description:

Clarifies that "subsistence farming" is included as a protected activity under the Hawaii Right to Farm Act.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

 

 

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