No comments from the AG on action pertaining to “egg-gate”

Pago Pago, AMERICAN SAMOA — Attorney General Fainu'ulelei Falefatu Alailima Utu remains mum on questions on whether any action has been taken by the AG’s office regarding a Senate resolution recommending that the office appoint an Independent Prosecutor, to “investigate” employees of the Department of Agriculture.

This is in relation to eggs imported from Samoa where the Department of Agriculture staff allegedly was seen delivering these eggs to local restaurants, despite confirmation that importation of meat and eggs is limited to personal use, not for commercial sale.

Prior to going on break, Senators expedited the passage of a Senate Resolution, which requests that the Governor put an “immediate stop to the imports from Samoa” coming through the Department of Agriculture.

The non-binding resolution, recommends an investigation and review to ensure local laws – including Bribery of a Public Servant – and any other laws — have not been violated by employees of ASG’s Agriculture Department.

An email for comments to the AG has yet to be answered. Samoa News reported earlier in February, the measure was prompted by Sen. Soliai Tuipine Fuimaono seeking to halt the import of eggs from Samoa saying that such imported products have not received approval from the U.S. Department of Agriculture (USDA), and this is a serious concern to the Fono.

Without USDA approval, Soliai says this raises concerns pertaining to the health effect on children who consume such products that have no federal oversight.  Soliai and other senators had followed this issue through media reports by newspaper and radio – which are cited in the Senate resolution.

With Agriculture Department director Solialealofiotagaloa I. T. Mutini currently off the island until later this month, Soliai’s call for a Senate committee hearing on Monday was postponed until lawmakers reconvene after Mar. 13.

SENATE RESOLUTION

For the resolution, the Senate recalled the Governor’s State of Territory Addressed at the opening of the 38th Legislature on Jan. 09 this year, where he discussed “how despite the drastic changes and the higher cost of living we are all experiencing now, ASG “continues to seek ways to support the people of the territory, private businesses and sustain the government.”

In an effort to carry out its administrative mandates, the resolution notes that American Samoa picked up discussions with Samoa regarding various social and economic challenges, through Atoa o Samoa, ”formerly known as the “Two Samoa Talks”.

Since the “Atoa Samoa” talks, the resolution said Samoa News had reported that ASG through “the Department of Agriculture has been given the green light for Sunshine Pacific to export eggs on a weekly basis to be sold in a local store.”

And it cited part of the news article, which states, “ASG [has] granted a long-term request by the Samoa Government to import [their] meat into the US territory.”

Additionally the newspaper reports last November that, “American Samoa will soon be able to get farm fresh eggs imported from Samoa.”

And it’s understood that other raw products, besides poultry products have also been imported since late last year.

The House Agriculture Committee held a hearing where Agriculture Department’s deputy director Siauini Taala – the acting director – testified and “confirmed hat eggs from Samoa were being imported and distributed to local restaurants”, according to the resolution.

And it cited a news report by KHJ News/ Talanei on Feb. 01entitled, “The Egg Saga Continues” – that corroborates the importation of eggs since last year. 

The resolution further cited the KHJ report: “[The eggs] were distributed by [the] Department of Agriculture employees, using DOA vehicles during office hours. The business owners have told KHJ news that payments for the eggs are made to a company called Sinalei Landscaping Services.” 

And the deputy director confirmed to the House Agriculture Committee that he owns a landscaping business. (Samoa News notes however that he did not identify it by name.)

The resolution declared that it’s “alarming and unethical that an ASG Department, in this case, the Department of Agriculture, is actively engaging in an operation for profit, under the guise of helping the community.”

“It is highly concerning that Department of Agriculture resources are being used to sell the products of a foreign, private company,” according to the resolution which also notes that the Agriculture Department has failed to support the governor’s promise in his State of the Territory Address to support the people of the territory and private businesses. 

The resolution contends that the importation of the poultry products being shipped in on a weekly basis from Samoa goes against ASG’s priority and the governor’s promise to support private business.

“American Samoa currently has existing and active locally-owned egg farms that have been providing poultry services to consumers and local companies over the years,” the resolution states.

For ASG and DoA “to facilitate and profit from the importation of these imported products directly affects our own local sales. It sets up our own local egg farms and businesses to fail, as they must comply with all of the local and federal regulations and pay for all fees associated with running a local business,” the resolution points out.

And “these local and federal regulations and laws are now being bypassed by these foreign companies that have partnered up with the Department of Agriculture to bring in their goods for sale,” it says.

Besides requesting the governor to put an immediate stop on imports from Samoa, the Senate recommended – through the resolution – for the Attorney General’s Office to apply to the High Court of American Samoa for an Independent Prosecutor to “investigate and review this situation to ensure” local law – ASCA §46.4701 “Bribery of a Public Servant” and §46.4702 “Public Servant Acceding to Corruption”, and “any other laws of the land have not been violated by the employees of the Department of Agriculture”.

According to the resolution, “we must ensure the unacceptable activity by the Department of Agriculture does not happen again. ASG employees must be held accountable for their actions.”

After the Senate approved the measure, it was recorded in Fono journal and thereafter transmitted to the Governor’s Office.