Hawaii-2017-SB550-Introduced

THE SENATE	S.B. NO.	550
TWENTY-NINTH LEGISLATURE, 2017
STATE OF HAWAII

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 good 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. For example, China rejected 908,000 tons over a five-month period of imported United States corn found to contain an unapproved genetically modified strain, according to a March 25, 2014, Reuters article. In Hawaii, the counties of Hawaii, Kauai, and Maui adopted ordinances to restrict the growing of genetically modified organisms. However, in November 2016, the United States Court of Appeals for the Ninth Circuit ruled that the local ordinances were preempted by state and federal law.

The purpose of this Act is to prohibit the planting of genetically engineered seeds or plant parts in open fields.

SECTION 2. Chapter 145, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§145- Genetically engineered seeds and plant parts; environmental risks. (a) No person may plant in an open field in this State a genetically engineered seed or plant part, the genetically engineered properties of which are capable of release to an offspring. The chairperson of the board of agriculture may grant an exception to this requirement upon the demonstration that use of that genetically engineered seed or plant part would be within a controlled environment such that no other plant could inadvertently be affected.

(b) 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.

"Genetically engineered plant" means a plant that contains a genetically modified organism or was produced with a genetically modified organism. A plant shall be considered to contain a genetically modified organism if the plant has been injected or otherwise treated with a genetically modified organism, except that the use of manure as a fertilizer for the plant shall not be construed to mean that the plant is produced with a genetically modified organism.

"Genetically engineered seed" means a seed that contains a genetically modified organism or was produced with a genetically modified organism. A seed shall be considered to contain a genetically modified organism or to have been produced with a genetically modified organism if the seed or the plant from which the seed is derived has been injected or otherwise treated with a genetically modified organism, except that the use of manure as a fertilizer for the plant shall not be construed to mean that any resulting seeds are produced with a genetically modified organism.

"Open field" means a field that is not located within a building."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________