Bill Text: HI SB2190 | 2012 | Regular Session | Introduced
Bill Title: Genetically Engineered Fish; Labeling
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2012-01-20 - (S) Referred to EDT/CPN, JDL. [SB2190 Detail]
Download: Hawaii-2012-SB2190-Introduced.html
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THE SENATE |
S.B. NO. |
2190 |
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TWENTY-SIXTH LEGISLATURE, 2012 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO GENETICALLY ENGINEERED FISH.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Traditional Polynesian cultures, heavy Asian influences, and tourist-driven demand for seafood make seafood consumption and commercial fishing culturally and economically significant activities in Hawaii. Hawaii's per capita seafood consumption is greater than three times the national average. In 2010, Hawaii's commercial fishing industry landed over 29,000,000 pounds of commercial fish.
Over thirty-five species of genetically engineered fish are under development. These fish are engineered with various traits, for example to grow more rapidly or to resist certain diseases. In 2002, a committee of the National Academy of Sciences released a report on the potential risks and benefits of genetically engineered animals. The committee found that salmon that had been genetically engineered to grow more rapidly raised unique concerns, including the risk of negatively impacting populations of wild salmon. One company has already requested approval from the United States Food and Drug Administration (FDA) to sell its genetically engineered Atlantic salmon in the United States for human consumption, and the FDA is expected to hold a hearing in September 2010 then issue a decision on the matter within a few weeks of the hearing. According to CNN, a recent FDA analysis suggests that the FDA deems the genetically engineered salmon to be as safe as conventional salmon and that there is no reasonable certainty of harm from the consumption of the genetically engineered salmon. However, opponents argue that the risks have not been properly addressed and that the FDA should allot more time to gather unbiased information and thoroughly assess any risks.
In September 2009, the FDA issued final guidelines for the regulation of genetically engineered animals, which describe the FDA's current thinking on the application of the Federal Food, Drug, and Cosmetic Act to genetically engineered animals but do not establish legally enforceable responsibilities. The FDA notes that although the Federal Food, Drug, and Cosmetic Act does not define "animal", the common definition of the term is any organism in the kingdom animally, which includes fish and shellfish, among other things. The guidelines include recommendations on the shipping and labeling of genetically engineered animals and the procedure for obtaining authorization to introduce genetically engineered animals into the food or feed supply. The guidelines further state the following:
"[T]he fact that the animal from which food was obtained was genetically engineered would not be material information with respect to labeling. However, if food from a [genetically engineered] animal is different from that of its non-engineered counterpart, for example if it has a different nutritional profile, in general that difference would be material information that would have to be revealed in labeling."
Proper labeling of genetically engineered fish is a concern in Hawaii because in addition to locally grown seafood, Hawaii also imports and consumes significant quantities of seafood from the United States mainland and from foreign countries. Given the potential sale of genetically engineered salmon or other fish or fish products, the legislature finds that the proper labeling of genetically modified fish and fish products should be addressed immediately.
The purpose of this Act is to prohibit the sale of genetically engineered fish and genetically engineered fish products that have not been conspicuously labeled as being genetically engineered.
SECTION 2. Chapter 486, Hawaii Revised Statutes, is amended by adding a new section to part V to be appropriately designated and to read as follows:
"§486‑ Genetically engineered fish and fish products; labeling; identification. (a) No genetically engineered fish or genetically engineered fish product may be sold, whether packaged or unpackaged, in this State for consumption in this State that has not been conspicuously labeled as a genetically engineered fish or genetically engineered fish product.
(b) For the purposes of this section:
"Genetically engineered fish" means a finfish or shellfish, or any progeny of either, whose genetic structure has been altered at the molecular level by means that are not possible under natural conditions or by natural processes, including recombinant deoxyribonucleic acid or ribonucleic acid techniques, cell fusion, gene deletion or doubling, introduction of exogenous genetic material, alteration of the position of a gene, or similar procedure.
"Genetically engineered fish product" means a fish product prepared from a genetically engineered fish.
(c) Any person who violates this section shall be subject to the civil penalties under section 486-32."
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:
Genetically Engineered Fish; Labeling
Description:
Prohibits the sale of genetically engineered fish or genetically engineered fish products in the State unless appropriately labeled as genetically engineered fish or genetically engineered fish products.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
