Pago Pago, AMERICAN SAMOA — Senators’ concerns about the growing number of Asians selling fruits and vegetables at roadside markets and stalls, especially on the westside of Tutuila, were discussed at length in a hearing of the Senate Agriculture Committee Tuesday morning, Jan. 16, 2024.

Testifying were Department of Agriculture (DOA) Director Solia Mutini and Department of Commerce (DOC) Director Petti Matila.

Senator Magalei Logovi’i who had raised the matter during the Senate session last week asked the DOA director for clarification because it was his understanding that according to the law, only local farmers are exempt from having to pay for business licenses to sell their produce at roadside markets or stalls.

He stated that his concern was that the Asian farmers are taking over.

He pointed out that he has noticed a lot of roadside markets where Asians are selling fruits and vegetables and he listed the locations of some on the western side of the island.

That is, at the bend right before Nu’uuli village, next to the building complex housing the Nu’uuli Cinema, next to KS Mart in Ili’ili and about three more markets on the way to the road junction at Futiga and going towards Pava’ia’i and Faleniu.

Magalei said that Asian farmers are also dominating supplies at the School Lunch Program leaving local farmers out in the cold.

“I used to sell fruits and vegetables to the School Lunch Program,” he revealed. “I have a friend who concentrated on growing cucumbers for the School Lunch Program. Well, I met him recently and he told me that he and his wife don’t know where to sell their cucumbers.”

He also pointed out that the Asian farmers operating roadside markets are now selling taro, breadfruits and coconuts.

He recalled one time when he visited his sister, who told him that she found some Asian people picking breadfruits from her breadfruit trees in front of her house, and when she confronted them, they acted like they didn’t understand English and left.

“These people have no lands where they can get breadfruits and coconuts, so it looks like they are helping themselves when no one is around and selling them for profit,” said an upset Magalei. “Also, Saturday is market day for our local farmers because they know that’s when we buy food for Sunday to’ana’i.

“But for these Asian farmers, everyday is market day and what they don’t sell today they try to sell it the next day and so on, which raises the issue of the quality of these produce.

“If it wasn’t for the strict observance laws for Sunday in the villages where they operate their roadside markets, they would be selling their produce if they had their way!”

He questioned how these Asian farmers entered the Territory saying that immigration laws stipulate that aliens brought into the Territory to work must possess special skills, but these Asian farmers are having an adverse effect on local farmers’ livelihood.

Magalei asked DOA Director Solia Mutini if he had any suggestions to solve the problem.

According to Mutini, the matter is complicated because there are several loopholes in existing laws that Asian residents are taking advantage of, like those who have resided in the Territory for more than 20 years and are eligible for permanent resident status who can bring in workers.

He explained that his department cannot stop Asian farmers from operating roadside markets because it could be viewed as discriminatory.

He stated that his department faced two recent cases involving Asian farmers and their lawyers, which fortunately did not reach the courts after they reached a compromise.

The DOA director revealed that some of the produce they are selling are from local farmers who sell their produce to the Asians for quick money then the Asian farmers sell it to the public.

However, they can sell their own produce in roadside markets as well.

Senate President Tuaolo Manaia Fruean asked DOC Director Petti Matila if the Asian farmers operating roadside markets are required to have business licenses.

Matila replied that this was the exemption that Senator Magalei had referred to in his remarks.

She clarified that local farmers don’t need a business license to sell their produce at roadside markets or stalls, if the produce are ‘in their natural state’ meaning they were grown by the farmers.

However, if for example they are selling watermelons from Tonga or taro from Samoa, then they will need a business license. If the market or stall is owned by someone else, the owner will also need to have a business license.

Tuaolo asked how DOC can determine which taro was imported from Samoa and taro grown in American Samoa.

The DOC director replied that when the sacks of taro arrive from Samoa at the wharf, the person receiving it must have an importation license.

Tuaolo commented that these roadside markets are defeating the purpose of spending a lot of government money to build a marketplace in Fagatogo.

DOA Director Mutini pointed out that there isn’t enough space at the Fagatogo market and many farmers live in rural villages far from town and it was not feasible to bring their produce to the main market because of transportation costs.

He also pointed out that the farmers who do bring their produce to the Fagatogo market do not need a business license, only a $5 fee for the space they use.

Senator Satele Lili’o expressed his disappointment at the way aliens, sometimes with the help of locals, are bypassing government rules and regulations.

Satele, who is a member of the Immigration Board said too many applications for business licenses involving aliens are being submitted for approval.

He revealed that some applications are from local people who have partnered with aliens possessing P5 immigration status who have only just recently arrived in the Territory.

He emphasized that this should not be happening and that DOC should be more diligent in monitoring these kinds of applications.

Satele pointed out that most of the applications for workers from other countries are using the social provisions clause in the immigration law, then some of these workers with so-called social skills end up operating roadside markets.

Senator Uti Petelo Uti stated that the solution to the matter under discussion was in fact very simple.

He quoted part 70216 of the American Samoa Code Annotated, which he claimed stipulates clearly that the only people allowed to sell produce in roadside markets and stalls are American Samoans.

“I don’t see any problem in enforcing the law,” Senator Uti said. “If the people doing it are not American Samoans, the operation should be stopped. Case closed.”

(Samoa News should point out that this would also mean “Samoa Citizens” — and passports or valid Immigration IDs would definitely be needed to identify these people.)

Uti pointed out that the problem lies with people in high positions in government who sponsor these Asians or are receiving bribes from them.

He said that when DOC officials try to enforce the law, the Asians call these people and minutes later, either a senior government official or in some cases a faipule would arrive at the scene and would then talk to the DOC officials to let the Asians sell their produce.

“So you see, it’s our own people that's the problem,” Uti stated.