Bill Text: HI SB2737 | 2014 | Regular Session | Introduced
Bill Title: Genetic Engineering; Disclosure
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2014-01-21 - Referred to AGL/HTH/CPN, JDL. [SB2737 Detail]
Download: Hawaii-2014-SB2737-Introduced.html
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THE SENATE |
S.B. NO. |
2737 |
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TWENTY-SEVENTH LEGISLATURE, 2014 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO GENETIC ENGINEERING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the economic health of Hawaii's agricultural sector is critical to the overall health of Hawaii's economy, and that this depends in major part on the high reputation of Hawaii's farmers and their agricultural products.
Growth in genetically engineered agricultural production has been swift and pervasive throughout the nation. The quick acceptance of the new technology by American farmers may, however, pose serious consequences for conventional agriculture -- consequences that scientists do not yet fully understand. Those consequences have created doubt within the farming community and Congress about the wisdom of growing genetically engineered agricultural products.
The greatest potential harm of genetically engineered crops is that the use of genetically engineered seeds and plants by a farmer could unintentionally alter the crops being produced by a neighboring farmer or alter other plants or animals, including insects and microorganisms that interact with domestic crops, as well as plants and animals within the natural environment.
No practical way of safeguarding against this risk is available, other than abstaining from use of genetically engineered material. The effect on the United States economy is significant. China recently rejected 545,000 tons of imported U.S. corn found to contain an unapproved genetically modified strain, according to a December 20, 2013, Associated Press article. In Hawaii, the counties of Kauai and Hawaii recently adopted ordinances to restrict the growing of genetically modified organisms, while Maui is considering a similar ordinance. As reported in the Honolulu Star-Advertiser on December 9, 2013, "Some environmentalists and farmers on Maui appear poised for a conflict on a bill to add more regulations on those using pesticides commercially, including businesses involved in producing genetically modified organisms . . . [T]he bill is similar to legislation passed in November in Kauai County."
The purpose of this Act is to require a biotech company that sells a genetically engineered organism to provide written disclosure of possible risks from the use of such an organism.
SECTION 2. Chapter 147, Hawaii Revised Statutes, is amended by adding a new section to Part IX to be appropriately designated and to read as follows:
"§ ‑ Disclosure. (a) A biotech company that sells any genetically engineered animal, genetically engineered plant, or genetically engineered seed that the biotech company knows, or has reason to believe, will be used to produce an agricultural commodity shall provide written notice to the purchaser that fully and clearly discloses the possible legal and environmental risks that the use of the genetically engineered animal, genetically engineered plant, or genetically engineered seed may pose to the purchaser.
(b) The provision of written notice under subsection (a) shall not relieve the biotech company from any liability that may result from the release of genetically engineered material into the environment. The receipt of the written notice by the purchaser shall not be construed to waive any liability under this section.
(c) The chairperson of the board of agriculture may bring an action to recover a civil penalty against any person who violates this section or who has knowingly violated a rule or order made pursuant to this section. A civil penalty of not more than $100,000 may be assessed for each violation. Any penalty assessed under this section is in addition to any civil or criminal actions otherwise available against the same conduct.
(d) For purposes of this section:
"Biotech company" means a person, partnership, corporation, or other entity engaged in the business of genetically engineering an organism, or obtaining the patent rights to such an organism for the purposes of commercial use of that organism.
"Genetically engineered animal" means an animal that contains a genetically engineered material or was produced with a genetically engineered material. An animal shall be considered to contain a genetically engineered material or to have been produced with a genetically engineered material if the animal has been injected or otherwise treated with a genetically engineered material, or is the offspring of an animal that has been so injected or treated.
"Genetically engineered material" means material that has been altered at the molecular or cellular level by means that are not possible under natural conditions or processes (including recombinant DNA or RNA techniques, cell fusion, microencapsulation, gene deletion and doubling, introducing a foreign gene, and changing the positions of genes), other than a means consisting exclusively of breeding, conjugation, fermentation, hybridization, in vitro fertilization, tissue culture, or mutogenesis.
"Genetically engineered plant" means a plant that contains a genetically engineered material or was produced with a genetically engineered material. A plant shall be considered to contain a genetically engineered material if the plant has been injected or otherwise treated with a genetically engineered material (except that the use of manure as a fertilizer for the plant may not be construed to mean that the plant is produced with a genetically engineered material).
"Genetically engineered seed" means a seed that contains a genetically engineered material or was produced with a genetically engineered material. A seed shall be considered to contain a genetically engineered material or to have been produced with a genetically engineered material if the seed (or the plant from which the seed is derived) has been injected or otherwise treated with a genetically engineered material (except that the use of manure as a fertilizer for the plant may not be construed to mean that any resulting seeds are produced with a genetically engineered material)."
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Genetic Engineering; Disclosure
Description:
Requires a biotech company that sells a genetically engineered organism to provide written disclosure of possible risks from the use of such an organism; written notice does not waive any liability a biotech company may have toward a purchaser.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
