Bill Text: HI HB367 | 2010 | Regular Session | Introduced
Bill Title: Department of Agriculture; Notification; Genetically Engineered Plants
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [HB367 Detail]
Download: Hawaii-2010-HB367-Introduced.html
Report Title:
Department of Agriculture; Notification; Genetically Engineered Plants
Description:
Requires the department of agriculture to notify the public of the location of field tests and the production of genetically engineered plants.
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
367 |
|
TWENTY-FIFTH LEGISLATURE, 2009 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
relating to genetically engineered plants.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that agricultural industries are vital components of Hawaii's economy, creating 7,000 jobs in the State. In 2006, Hawaii farm revenues were $582,100,000. Hawaii also is a producer of organic crops, which represent an estimated $5,000,000 to $10,000,000 a year industry.
Hawaii has a unique, national reputation for producing high quality crops and its agricultural heritage is dependent on maintaining this reputation.
There is an acknowledged risk that genetically engineered crops may contaminate organic and conventional crops. Genetically engineered plants have been shown to be dispersed into the environment through pollen drift, seed commingling, and inadvertent transfer of seeds by humans, animals, and weather events.
The unintended presence of genetically engineered plants and material in agricultural crops can have a devastating economic impact on producers who sell in organic markets and foreign markets that prohibit or reject products that contain genetically engineered material.
The legislature understands that Hawaii has been the site of more than four thousand open-air field tests of genetically engineered crops.
The purpose of this Act is to:
(1) Require growers and testers of genetically engineered plants in the State of Hawaii to notify the department of agriculture regarding the existence of these plants; and
(2) Require the department of agriculture to make certain information about genetically modified plant projects accessible to the public.
SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:
"Chapter
GENETICALLY ENGINEERED PLANTS
§ ‑1 Definitions. As used in this chapter, unless the context otherwise requires:
"Chairperson" means the chairperson of the board of agriculture.
"Department" means department of agriculture.
"Genetically engineered plant" means a plant or any plant part or material, including, but not limited to, seeds and pollen, in which the genetic material has been changed through modern biotechnology in a way that does not occur naturally by multiplication or natural recombination.
"Modern biotechnology" means the application of in vitro nucleic acid techniques, including recombinant deoxyribonucleic acid (DNA) and direct injection of nucleic acid into cells or organelles. This also includes the fusion of cells (including protoplast fusion) or hybridization techniques beyond the taxonomic family that overcome natural physiological, reproductive, or recombination barriers and that are not techniques used in traditional breeding and selection. These include but are not limited to: recombinant DNA techniques that use vector systems and techniques involving the direct introduction into the organism of hereditary materials prepared outside the organism such as micro-injection, macro-injection, chemoporation, electroporation, micro-encapsulation, and liposome fusion.
§ ‑2 Notification requirement. (a) Any person intending to undertake the open field production of a genetically engineered plant shall notify the department of the proposed production not less than thirty days prior to the commencement of the proposed production.
(b) Notice to the department, as required by subsection (a), shall be provided on a form prepared and made available by the department. The notice shall include, at a minimum, the following information:
(1) The name and contact information of the person or entity proposing the production and other parties involved in the open field production or manufacture of the genetically engineered seed or plant;
(2) The proposed date of the production;
(3) The proposed location using a precise indicator, such as a lot number or global positioning system location;
(4) The number of acres involved in the proposed production;
(5) The kind, variety, type, and lot number of the seed or plant, as defined in Part 201 of Title 7 of the Code of Federal Regulations, Section 201.2;
(6) The trait or traits for which the plant is genetically engineered; and
(7) A public information sheet containing information for release to the general public, which shall contain:
(A) The name and contact person proposing the production;
(B) The location of the proposed production as required in paragraph (3).
(C) The kind of genetically engineered plant to be created;
(D) The category of genetic modification, including, but not limited to, herbicide-tolerant, insecticidal, or pharmaceutical modifications; and
(E) Any additional relevant information as required by the department.
(c) The department, at its discretion, may require information in addition to the information identified in subsection (b) regarding the open field planting of genetically engineered plants.
§ ‑3 Public notice requirement. Information submitted to the department on the public information sheet pursuant to section -2(b)(7) shall be made accessible to the public in accordance with section 1-28.5 and posted on the department's website.
§ ‑4 Rulemaking. The director may adopt rules, pursuant to chapter 91, as necessary to carry out this chapter."
SECTION 3. Any person undertaking the open field production of a genetically engineered plant on the effective date of this Act shall notify the department of agriculture of the production and otherwise comply with the notification requirements established under section ‑2, Hawaii Revised Statutes, of this Act within sixty days of the effective date of this Act.
SECTION 4. This Act shall take effect upon its approval.
|
INTRODUCED BY: |
_____________________________ |
|
|
|
