Bill Text: HI SB615 | 2014 | Regular Session | Amended
Bill Title: Genetically Engineered Food; Labeling
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2013-12-18 - Carried over to 2014 Regular Session. [SB615 Detail]
Download: Hawaii-2014-SB615-Amended.html
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THE SENATE |
S.B. NO. |
615 |
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TWENTY-SEVENTH LEGISLATURE, 2013 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO LABELING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 328, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§328- Genetically engineered whole food; labeling. (a) Beginning on July 1, 2014, the sale, offering for sale, or distribution of any genetically engineered whole food intended for human consumption within the State is prohibited unless the fact of genetic engineering is disclosed as follows:
(1) In the case of a raw food, 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 the commodity or, in the case of any such commodity that is not separately packaged or labeled, on a clear and conspicuous label appearing on the retail store shelf or bin in which the commodity is displayed for sale; or
(2) In the case of all genetically engineered whole foods resulting from the transfer of animal genes into plants, on a clear and conspicuous label that indicates this fact in a manner that will allow vegetarians and those with religious dietary restrictions to observe their dietary guidelines.
(b) This section shall not apply to any of the following:
(1) A raw food that has been raised, produced, or derived without the knowing and intentional use of genetically engineered seed or food;
(2) Food that has been lawfully certified as eligible to be labeled, marketed, and offered for sale as organic pursuant to the federal Organic Food Production Act of 1990, 7 United States Code 6501, et seq., and the National Organic Program regulations promulgated by the United States Department of Agriculture;
(3) Food that is not packaged for retail sale and that is:
(A) A processed food prepared and intended for immediate human consumption; or
(B) Served, sold, or otherwise provided in any restaurant or other food service establishment that is primarily engaged in the sale of food prepared and intended for immediate human consumption; or
(4) Medical food as defined in section 346-67.
(c) This section shall not be construed to require that the term "genetically engineered" be placed immediately preceding any common name or primary product descriptor of a food."
SECTION 2. Section 328-1, Hawaii Revised Statutes, is amended by adding two new definitions to be appropriately inserted and to read as follows:
""Genetically engineered" means produced from an organism or organisms of which the genetic material has been changed through the application of:
(1) In vitro nucleic acid techniques including recombinant deoxyribonucleic acid techniques and the direct injection of nucleic acid into cells or organelles including but not limited to recombinant deoxyribonucleic acid or ribonucleic acid techniques that use vector systems and techniques involving the direct introduction into the organisms of hereditary material prepared outside the organisms such as micro-injection, macro-injection, chemoporation, electroporation, micro-encapsulation, and liposome fusion; or
(2) Fusion of cells, including protoplast fusion, or hybridization techniques that overcome natural physiological, reproductive, or recombination barriers, where the donor cells or protoplasts do not fall within the same taxonomic family, in a way that does not occur by natural multiplication or natural recombination.
"Genetically engineered whole food" means any genetically engineered food in its raw or natural state."
SECTION 3. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
Report Title:
Genetically Engineered Food; Labeling
Description:
Prohibits the sale or distribution of genetically engineered whole food in the State beginning 7/1/2014 unless appropriately labeled as genetically engineered or produced or partially produced with genetic engineering. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
