Hawaii-2021-SB706-Introduced

THE SENATE	S.B. NO.	706
THIRTY-FIRST LEGISLATURE, 2021
STATE OF HAWAII

A BILL FOR AN ACT

relating to genetic engineering.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that the economic health of the State's agricultural sector is critical to the overall health of the State's economy and the successful interdependence between these two components turns in substantial part on the good reputation of Hawai‘i farmers and their agricultural products.

Growth in genetically engineered agricultural production has been swift and pervasive throughout the nation. However, the quick acceptance of the new technology by American farmers may pose serious consequences for conventional agriculture ─ consequences that scientists do not yet fully understand. Some members of the farming community and of the United States Congress have expressed doubts about growing genetically modified agricultural products.

The greatest potential harm of genetically engineered crops is that the use of genetically engineered seeds and plants by a farmer could unintentionally alter the crops being produced by a neighboring farmer. Such modified seeds could also alter other plants or animals, including insects and microorganisms that interact with domestic crops, as well as plants and animals within the natural environment.

No practical way of safeguarding against this risk is available, other than abstaining from the use of genetically modified material. The effects on the national or state economy could be devastating. In June 2014, Reuters reported that over a seven-month period, China had rejected 1,450,000 metric tons of United States corn that was found to contain a banned genetically modified strain. China's rejection of that corn reportedly cost the United States agriculture industry up to $2,900,000,000.

The counties of Hawai‘i, Kaua‘i, and Maui previously adopted ordinances to restrict the growing of genetically modified organisms. However, in August 2014 and 2015 the federal courts ruled that these ordinances were preempted by state and federal law. All three cases were appealed, but in November 2016, the United States Court of Appeals for the Ninth Circuit upheld all three of the lower courts' decisions.

The purpose of this Act is to prohibit the planting of genetically engineered seeds or plant parts in open fields.

SECTION 2. Chapter 141, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§141- Genetically engineered seeds and plant parts; environmental risks. (a) No person shall plant a genetically engineered seed or plant part, the genetically engineered properties of which are capable of release to an offspring in an open field in the State. The chairperson of the board of agriculture may grant an exception to this requirement upon the demonstration that use of that genetically engineered seed or plant part would be within a controlled environment so that no other plant could inadvertently be affected.

(b) The chairperson of the board of agriculture may bring an action to recover a civil penalty against any person who violates this section, or who has knowingly violated a rule or order made pursuant to this section. A civil penalty of not more than $100,000 may be assessed for each violation. Any penalty assessed under this section shall be in addition to any civil or criminal actions otherwise available against the same conduct.

"Genetically engineered plant" means a plant that contains a genetically modified organism or was produced with a genetically modified organism. A plant shall be considered to contain a genetically modified organism if the plant has been injected or otherwise treated with a genetically modified organism, except that the use of manure as a fertilizer for the plant shall not be construed to mean that the plant is produced with a genetically modified organism.

"Genetically engineered seed" means a seed that contains a genetically modified organism or was produced with a genetically modified organism. A seed shall be considered to contain a genetically modified organism or to have been produced with a genetically modified organism if the seed or the plant from which the seed is derived has been injected or otherwise treated with a genetically modified organism, except that the use of manure as a fertilizer for the plant shall not be construed to mean that any resulting seeds are produced with a genetically modified organism.

"Open field" means a field that is not located within a building."

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. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________