[§155D-2] 
Grants.  (a)  Applications for grants by qualified producers shall be
submitted [on] a form furnished by the department and shall be filed with
accompanying documentation of animal feed costs; provided that:



(1)  The applicant shall
comply with applicable federal and state laws prohibiting discrimination
against any person on the basis of race, color, national origin, religion,
creed, sex, age, sexual orientation, or disability;



(2)  The applicant shall
have applied for or received all applicable licenses or permits;



(3)  The applicant shall
indemnify and hold harmless the State and its officers, agents, and employees
from all claims arising out of or resulting from the feed purchased;



(4)  The subsidy shall not
be allowed within a fiscal quarter if the flock or herd size falls five per
cent or more below the required minimum of:



(A)  Three thousand
birds;



(B)  Three hundred
fifty cows;



(C)  Fifty sows in
any two months of the applicable fiscal quarter; or



(D)  One hundred
finished beef cattle annually;



(5)  The grant shall not
exceed a total of $250,000 per qualified producer per year; and



(6)  The department may
request an applicant to provide necessary information for the purposes of
verifying flock or herd size and feed purchases.



(b)  Documentation
of animal feed costs, as requested by the department, shall be filed for feed
purchased within the immediate preceding fiscal quarter of filing and shall be
effective for feed costs incurred after July 1, 2007.



(c)  The applicant
shall submit a quarterly financial statement of farm revenues and expenses
along with other supporting documents as deemed necessary by the department,
and filed with the documentation of the feed costs.  An annual financial
statement shall be filed with the department within ninety days following the
close of the business' fiscal year after June 28, 2007 for final reconciliation
of any reimbursement paid during the previous three quarters within the fiscal
year.  The financial statements shall be certified as accurate by the applicant
and the preparer of the financial statement on forms prepared by the
department.



(d)  Funds shall be
disbursed upon approval by the department to the qualifying producer for up to:



(1)  Sixty per cent of the
feed costs incurred for production of poultry products;



(2)  Forty per cent of the
feed costs incurred for milk production;



(3)  Fifty per cent of the
feed costs incurred for pigs raised in Hawaii and slaughtered for local
consumption; or



(4)  Fifty per cent of the
feed costs for beef cattle raised in Hawaii and slaughtered in Hawaii for local consumption.



(e)  Feed costs
shall be limited to only the feed fed to the qualifying flock or herd and shall
not include the feed purchases for resale or gift, or the cost of
transportation to Hawaii.  In no case shall costs be reimbursed to a qualified
producer when, after evaluation and verification by the department, the
department determines that the amount of reimbursement will result in an annual
profit of more than:



(1)  Twelve per cent for milk
producers;



(2)  Eight per cent for
poultry producers;



(3)  Eight per cent for
pork producers; or



(4)  Eight per cent for
beef producers. [L 2007, c 221, pt of §2]



 



Revision Note



 



  "June 28, 2007" substituted for "the effective
date of this Act".