Bill Text: HI SB615 | 2013 | Regular Session | Introduced
Bill Title: Genetically Engineered Food; Labeling
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2013-02-15 - Report adopted; Passed Second Reading, as amended (SD 1) and referred to CPN. [SB615 Detail]
Download: Hawaii-2013-SB615-Introduced.html
|
THE SENATE |
S.B. NO. |
615 |
|
TWENTY-SEVENTH LEGISLATURE, 2013 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
relating to labeling.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that 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. Certain publications have stated that 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.
The legislature further finds that more than thirty-five species of genetically engineered fish are under experimental development. These fish are engineered with various traits intended to, for example, give the fish the ability to grow more rapidly or 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 report found that salmon genetically engineered to grow more rapidly raised unique concerns, including the risk of negatively impacting populations of wild salmon. If genetically engineered fish escape containment they could pose additional environmental risks to stressed wild fish populations and coastal ecosystems by, among other things, imposing new competitive pressures for food and space, interfering with effective breeding and reproduction, and spreading disease.
The United States Food and Drug Administration is currently deliberating approval of the first genetically engineered salmon for human consumption and determining whether labeling of genetically engineered salmon in the marketplace is warranted. In September 2010, the United States Food and Drug Administration held public hearings and proposed approval of genetically engineered fish without labeling, although the agency has not yet formally approved it. The United States Food and Drug Administration's current review of genetically engineered salmon does not adequately consider potential environmental effects and health effects including but not limited to risks to native salmon populations and other freshwater and marine species.
Concerns about genetically engineered fish include but are not limited to:
(1) Human health risks, including potential allergenicity;
(2) Negative environmental impacts on wildlife and ecosystems, including negative impacts on freshwater and marine habitats; and
(3) Religious, ethical, and cultural dietary restrictions.
In September 2009, the United States Food and Drug Administration issued final guidelines for the regulation of genetically engineered animals. Prior to that, the agency did not have a pathway to regulate or approve genetically engineered animals. The guidance explained the United States Food and Drug Administration's views on its application of the Federal Food, Drug, and Cosmetic Act to genetically engineered animals but did not establish legally enforceable responsibilities. The guidelines included 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 significant concern in Hawaii. In addition to locally grown seafood, Hawaii 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 labeling of genetically engineered fish and fish products should be addressed immediately.
Consumers overwhelmingly favor knowing whether the food they purchase and consume is produced with genetic engineering for a variety of reasons, including concerns about health, economics, the environment, religion, and ethics. Polls consistently show that the vast majority of the public — more than ninety per cent — want to know if its food was produced with genetic engineering. Nearly fifty per cent of the public would not eat seafood that has been genetically engineered.
Hawaii's citizens have the right to know whether the fish they purchase is produced with genetic engineering so they can make informed purchasing decisions. Accurate and truthful labeling describing whether or not fish is genetically engineered is the easiest and most protective practice, and it would provide additional transparency in the State's seafood supply chain so that individuals can protect their health and Hawaii's environment.
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 be appropriately designated and to read as follows:
"§486- Genetically engineered fish and fish products; labeling; identification; penalties. (a) Beginning on January 1, 2014, any genetically engineered fish or genetically engineered fish product offered for retail sale within the State of Hawaii is misbranded if it is entirely or partially produced with genetic engineering and that fact is not disclosed as follows:
(1) In the case of a raw fish product, on the package offered for retail sale, with the words "Genetically Engineered" appearing clearly and conspicuously on the label on the front of the package of such product or, in the case of any such product that is not separately packaged or labeled, on a clear and conspicuous label appearing on the retail store shelf or bin in which such product is displayed for sale;
(2) In the case of processed food containing some genetically engineered fish or genetically engineered fish product, the manufacturer shall label the product in clear and conspicuous language on the front or back of the package of such food, with the words "Produced with Genetic Engineering" or "Partially Produced with Genetic Engineering"; and
(3) Any word, statement, or other information appearing on a label upon or connected to the immediate container or surface of any genetically engineered fish or genetically engineered fish product shall not be considered to be in compliance with this section unless such word, statement, or other information also appears on the outside container or wrapper, if any, of the bulk, wholesale, or retail package of such product or is easily legible through the outside container or wrapper.
(b) Any person who violates this section shall be subject to the civil penalties under section 486-32(b).
(c) For the purposes of this section:
"Genetically engineered fish" means a finfish or shellfish, or any progeny of either, that is produced from an organism or organisms in which the genetic material has been changed through the application of:
(1) In vitro nucleic acid techniques, which include but are not limited to recombinant deoxyribonucleic acid, direct injection of nucleic acid into cells or organelles, encapsulation, gene deletion, and gene doubling; or
(2) Methods of fusing cells beyond the taxonomic family that overcome natural physiological reproductive or recombinant barriers, and that are not techniques used in traditional breeding and selection, such as conjugation, transduction, and hybridization.
"Genetically engineered fish product" means a fish product prepared from a fish produced through the process of genetic engineering, in whole or in part.
"Label" means a display of written, printed, or graphic matter upon or connected to the immediate container or surface of any product.
"Labeling" means any written, printed, or graphic matter that is present on the label, accompanies the product, or is displayed near the product, including that for the purpose of promoting its sale or disposal."
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
|
INTRODUCED BY: |
_____________________________ |
|
|
|
Report Title:
Genetically Engineered Fish; Labeling
Description:
Prohibits the sale of genetically engineered fish or genetically engineered fish products in the State beginning 1/1/2014 unless appropriately labeled as genetically engineered or produced or partially produced with genetic engineering.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
