Bill Text: HI HB2227 | 2010 | Regular Session | Introduced
Bill Title: Agriculture; Genetically Modified Plants; Torts; Farmers
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2010-01-22 - (H) Referred to AGR, JUD, referral sheet 3 [HB2227 Detail]
Download: Hawaii-2010-HB2227-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2227 |
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TWENTY-FIFTH LEGISLATURE, 2010 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to liability of genetically Modified plants.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The purpose of this Act is to provide liability protection for a farmer based on the presence or possession of a patented genetically modified plant when:
(1) The farmer did not knowingly buy or otherwise knowingly acquire the genetically modified plant;
(2) The farmer acted in good faith and without knowledge of the genetically modified nature of the plant; and
(3) The genetically modified plant is detected at a de minimis level.
SECTION 2. Chapter 663, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§663- Liability of farmers for genetically engineered plants. (a) A farmer shall not be liable based on the presence or possession of a patented genetically engineered plant on real property owned or occupied by the farmer when:
(1) The farmer did not knowingly buy or otherwise knowingly acquire the genetically engineered plant;
(2) The farmer acted in good faith and without knowledge of the genetically engineered nature of the plant; and
(3) The genetically engineered plant is detected at a de minimis level.
The authority of a court to determine the presence of de minimis levels of a genetically engineered plant is intended solely for the purpose of assisting in adjudicating claims relating to the possession or use of a patented genetically engineered plant in which the seed labeler, patentholder, or licensee, has rights.
(b) "Farmer" means a person engaged in the business of agriculture, including planting, cultivating, harvesting and processing of crops, including those planted, cultivated, harvested, and processed for food, ornamental, grazing, or forestry purposes.
(c) Nothing in this section is intended to:
(1) Establish, or be used as the basis for establishing an acceptable level at which a patented genetically engineered plant may be present;
(2) Be used to alter or limit liabilities or remedies for personal injury or wrongful death; or
(3) Be used outside or beyond the scope or context of a legal dispute regarding genetically engineered plants."
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. This Act shall apply to all agricultural crops grown by any farmer whether before or after the effective date of this Act.
SECTION 5. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Agriculture; Genetically Modified Plants; Torts; Farmers
Description:
Provides immunity from liability for farmers who unknowingly acquire and use genetically modified plants when the genetically modified plant is detected at a de minimis level.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
