Report Title:

Genetically Modified Organisms; DOH Notification and Certification; Liability

 

Description:

Requires persons proposing to engage in testing, propagating, cultivating, and growing GMOs to notify DOH and obtain a certification of approval from DOH.  Includes liability provisions for injury or damage resulting from such activity.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

1453

TWENTY-FOURTH LEGISLATURE, 2007

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

RELATING TO GENETICALLY MODIFIED ORGANISMS.

 

 

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

 


     SECTION 1.  Section 321-11.6, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§321-11.6[]]  Genetically modified organisms[.]; notification and certification.  (a)  Any person that proposes to research, test, propagate, cultivate, grow, or produce any genetically modified organism shall:

     (1)  Notify the department of health of the person's intent to conduct the activity; and

     (2)  Obtain certification of approval from the department prior to conducting the activity.

     (b)  The department shall examine and evaluate each proposed genetically modified organism research project; testing, propagating, cultivating, or growing technique; or product for its risk to public health and to the environment.  The department shall issue a certification of approval after determining that the proposed genetically modified organism research, testing, propagating, cultivating, growing, or product does not pose a risk to public health or the environment.  The certification of approval shall include information on:

     (1)  The person or company proposing to conduct the genetically modified organism-related activity;

     (2)  The purpose of the genetically modified organism-related activity;

     (3)  What organism will be researched, tested, cultivated, propagated, grown, or produced;

     (4)  How many organisms will be researched, tested, cultivated, propagated, grown, or produced;

     (5)  The location of the genetically modified organism-related activity; and

     (6)  Any other information the department may deem necessary.

     All certifications of approval shall be available to the public at the department's office or on the department's website.

     (c)  Any applicant to any federal agency for any permit for or approval of any bioproduct, field testing of genetically modified organisms, or environmental impact assessment of genetically modified organisms shall submit one copy of that application to the department, at the same time that the application is submitted to the federal agency.

     (d)  Any person that researches, tests, propagates, cultivates, grows, or produces any genetically modified organism shall be civilly liable for injury or damage resulting from such activity.  Damage includes but is not limited to:

     (1)  Adverse effects on other crops;

     (2)  Adverse effects on the health of individuals exposed               to the genetically modified organism; and

     (3)  Adverse effects on the environment.

     (e)  The department shall adopt rules pursuant to chapter 91 to implement this section.

     (f)  The State shall not be liable for any injury or damage arising from the issuance of the certification of approval, unless the injury or damage results from gross negligence or wanton acts or omissions on the part of the State.

     (g)  As used in this section:

     "Genetically modified organism" means a life form or its living progeny that has been altered at the nucleic acid level, using the techniques collectively referred to as recombinant DNA technology.

     "Person" means an individual, corporation, partnership, limited liability corporation, or any other legal entity.

     "Recombinant DNA technology" means the transfer of genes, regulatory sequences, or nucleic acid between hosts by the use of vectors or laboratory manipulations and include the insertion, excision, duplication, inactivation, or relocation of specific genes, regulatory sequences, or sections of nucleic acid.  This term does not apply to material or an organism developed exclusively through traditional methods of breeding, hybridization, or nondirected mutagenesis."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________