SB 369-FN-A - AS INTRODUCED
2022 SESSION
22-3057
08/11
SENATE BILL 369-FN-A
AN ACT relative to organic farming.
SPONSORS: Sen. Kahn, Dist 10; Sen. Whitley, Dist 15; Sen. Watters, Dist 4; Sen. Sherman, Dist 24; Sen. Prentiss, Dist 5; Rep. Weber, Ches. 1; Rep. Bixby, Straf. 17; Rep. Wolf, Merr. 5; Rep. Allard, Merr. 21; Rep. Deshaies, Carr. 6
COMMITTEE: Energy and Natural Resources
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ANALYSIS
This bill requires the department of agriculture, markets, and food to administer an organic certification program and makes an appropriation therefor.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
22-3057
08/11
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Two
AN ACT relative to organic farming.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Organic Certification. Amend RSA 426:6-b to read as follows:
426:6-b Certification.
I. Any producer, processor, on-farm processor or handler of agricultural plant, animal, food, or fiber commodities that are sold, labeled, or represented as "100 percent organic," "organic," "made with organic," or similar terms, shall be enrolled in a certification program which includes an inspection made no less than annually, by a certifying agency accredited by the United States Department of Agriculture in accordance with the Organic Foods Production Act of 1990, Public Law 101-624, and the United States Department of Agriculture's National Organic Program, Final Rule, 7 CFR part 205, unless such producer, processor, or handler is exempted therein.
II. The commissioner [may] shall enter into a cooperative agreement with the United States Department of Agriculture to become an accredited certifying agency as provided for by the Organic Foods Production Act of 1990, Public Law 101-624, and the United States Department of Agriculture's National Organic Program, Final Rule, 7 CFR part 205, and to implement the provisions thereof.
III. The commissioner [may] shall employ, contract, or make arrangements for inspectors to certify agricultural producers, processors, on-farm processors and handlers in this state, and to determine whether or not agricultural plant, animal, food, or fiber commodities are marked, branded, or labeled in accordance with the labeling requirements set forth in this chapter and in the Organic Foods Production Act of 1990, Public Law 101-624, and the United States Department of Agriculture's National Organic Program, Final Rule, 7 CFR part 205.
IV, V. [Repealed.]
VI. For purposes of this chapter "on-farm processor" means a processor who uses products grown or raised on his or her own farm.
VII. The department shall employ, contract, or make arrangements to execute organic certification responsibilities consistent with federal requirements. Such arrangements may be through a collaboration, contract, or an agreement with another nearby state meeting federal organic certification program requirements.
2 Rulemaking. Amend RSA 426:8 to read as follows:
426:8 Rulemaking[; Fees]. The commissioner may adopt rules, pursuant to RSA 541-A, relative to the following:
I. Reviewing requests by operations desiring organic certification in accordance with the United States Department of Agriculture National Organic Program.
II. Processing requests for certification, including a method for tracking requests.
III. Inspecting certified organic operations, including required annual audits and review of processes to determine compliance with federal standards.
IV. Issuance of enforcement actions as needed.
V. Any other rules necessary for carrying out the provisions of this chapter.
3 Appropriation; Organic Certification. The sum of $350,000 for the fiscal year ending June 30, 2023 is hereby appropriated to the commissioner of the department of agriculture, markets, and food for the administration of the organic certification program. The governor is authorized to draw a warrant for said sums out of any money in the treasury not otherwise appropriated.
4 Effective Date. This act shall take effect July 1, 2022.
22-3057
Redraft 12/13/21
SB 369-FN-A- FISCAL NOTE
AS INTRODUCED
AN ACT relative to organic farming.
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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STATE: | FY 2022 | FY 2023 | FY 2024 | FY 2025 |
Appropriation | $0 | $350,000 | $0 | $0 |
Revenue | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Expenditures | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ ] Other | |||
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METHODOLOGY:
This bill requires the Department of Agriculture, Markets, and Food to administer an organic certification program and makes an appropriation therefor. ???????? ???????? ???????????????? ?????? ???????????????????? ???? ???????? ?????? ???????? ???? ???????????????????? ???? ??????????????
The Department of Agriculture assumes a work unit would be established within the Division of Regulatory Services for the organic certification program. If the Department is not able to inspect an organic operation it would contract or make arrangements for an organic inspector other than a DAMF organic inspector to conduct the inspection. The Department states this cost is indeterminable as it is unknown if a certifying agent would contract with the State to provide inspections, the cost varies among certifying agents, and it is not known how often an agent would be needed.
Regarding the Organic Certification Program, the Department indicates it is currently a certifying agent of behalf of the USDA National Organic Program (NOP), however, the Department has reduced it's certifying agent scope to one certification scope (crops). The Department assumes this bill would include all four scopes: crops, livestock, handling and wild crops. The Department assumes there are 125 certified operations in New Hampshire and six additional staff would be needed to develop and operate a program within the Department that satisfies the USDA, NOP. The Department prepared the following estimates of the cost to establish and maintain a Organic Certification Program.
| FY 2023 | FY 2024 | FY 2025 |
Estimated Revenue |
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80 Organic Crop Operations ($150 x 80) | $12,000 | $12,000 | $12,000 |
45 Organic Livestock Operations ( $475 X 45) | $21,375 | $21,375 | $21,375 |
Total Revenue: | $33,375 | $33,375 | $33,375 |
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Estimated Expenses |
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1 Supervisor (Program Specialist III, LG 23, Step 4) | $86,000 | $90,100 | $90,100 |
1 Program Assistant (LG 12, Step 4) | $61,900 | $64,600 | $64,600 |
4 Agricultural Inspectors (LG 19, Step 4) | $302,400 | $316,300 | $316,300 |
Sub-Total Personnel Costs: | $450,300 | $471,000 | $471,000 |
Other Expenses |
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4 Vehicles @ $21,370 | $85,480 | $0 | $0 |
6 Laptop Computers @ $1,171 | $7,026 | $0 | $0 |
Office space for 6 staff ($1,500 per month) | $18,000 | $18,000 | $18,000 |
Current expenses | $6,000 | $6,000 | $6,000 |
Vehicle Fuel | $5,000 | $5,000 | $5,000 |
Total Expenses | $571,806 | $500,000 | $500,000 |
This bill makes a general fund appropriation of $350,000 for the fiscal year ending June 30, 2023.
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AGENCIES CONTACTED:
Department of Agriculture
| Date | Body | Type |
|---|---|---|
| Jan. 11, 2022 | Senate | Hearing |
| March 17, 2022 | Senate | Floor Vote |
March 17, 2022: Inexpedient to Legislate, MA, VV === BILL KILLED ===; 03/17/2022; SJ 5
March 9, 2022: Committee Report: Inexpedient to Legislate, 03/17/2022; SC 11
Dec. 22, 2021: Hearing: 01/11/2022, Room 103, SH, 10:15 am; SC 50
Dec. 17, 2021: To Be Introduced 01/05/2022 and Referred to Energy and Natural Resources; SJ 1