HOUSE OF REPRESENTATIVES
TWENTY-SEVENTH LEGISLATURE, 2013
STATE OF HAWAII
A BILL FOR AN ACT
relating to labeling of genetically engineered whole food.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that Hawaii consumers have the right to know whether the foods they purchase are produced with genetic engineering so that they can make an informed choice of products. Labeling is necessary to ensure that Hawaii consumers are fully and reliably informed about the products they purchase and consume.
The legislature finds that there are no federal or state requirements that these foods be labeled. In contrast, sixty-one countries, including Japan, South Korea, China, Australia, Russia, Malaysia, members of the European Union, and other key United States trading partners have laws mandating disclosure of genetically engineered foods on food labels. No international agreements prohibit the mandatory identification of foods produced with genetic engineering.
The legislature finds that the United States Food and Drug Administration does not require or conduct safety studies of genetically engineered foods. Instead, consultations are voluntary and developers of those foods may decide what information to provide to the agency.
The legislature further finds that the State of Hawaii has a national reputation for producing high-quality foods and maintaining a pure and preserved natural environment. The sustainability of the State's unique agricultural heritage and the vitality of its tourism industry rely upon this reputation. Preserving the identity, quality, and reliability of Hawaii's agricultural products and exports is critical to Hawaii's economic well-being.
The legislature further finds that labeling genetically engineered whole foods can be implemented without substantially burdening either the food producers or government regulators. Papayas exported from Hawaii to Japan are already labeled as genetically engineered. Hawaii residents deserve to have the same information provided to them about the food they buy and consume. Many local growers already voluntarily label locally-grown produce with a "Hawaii seal of quality" or as "island fresh" at a nominal cost.
Accordingly, the purpose of this Act is to establish a consistent and enforceable standard for labeling whole foods produced using genetic engineering. Identifying foods produced through genetic engineering will also help protect our state's agricultural economy and environment. It is the intent of the legislature that this Act be liberally construed to fulfill these purposes.
SECTION 2. 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) 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 agricultural commodity, 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;
(2) In the case of any seed or seed stock, on the seed or seed stock container, sales receipt, or any other documentation of identification, ownership, or possession, with the words "genetically engineered" or "produced with genetic engineering" stated clearly and conspicuously; and
(3) 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 agricultural commodity or food that has been grown, raised, produced, or derived without the knowing and intentional use of genetically engineered seed or food; provided that the person who sells, offers for sale, or distributes the raw agricultural commodity or food shall obtain, from the immediate source of the raw agricultural commodity or food, a sworn statement that the raw agricultural commodity or food:
(A) Has not been knowingly or intentionally genetically engineered; and
(B) Has been segregated from, and has not been knowingly or intentionally commingled at any time with, foods that may have been genetically engineered.
In providing such a sworn statement, the immediate source may rely on a sworn statement that contains such an affirmation from a supplier;
(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.
(c) This section shall not be construed to require:
(1) The listing or identification of any genetically engineered ingredient of a food other than an agricultural product; or
(2) That the term genetically engineered be placed immediately preceding any common name or primary product descriptor of a food."
SECTION 3. Section 328-1, Hawaii Revised Statutes, is amended by adding three new definitions to be appropriately inserted and to read as follows:
""Agricultural product" means any agricultural, horticultural, viticultural, or vegetable product; honey or beeswax; or oilseeds, grown or produced in the course of business or trade within the State. The term does not include timber or any timber product, animal or any animal product, milk or any milk product, or any aquacultural product.
"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 agricultural product in its raw or natural state, including all fruits that are washed, colored, or otherwise treated in their unpeeled natural form prior to marketing."
SECTION 4. Section 328-6, Hawaii Revised Statutes, is amended to read as follows:
"§328-6 Prohibited acts. The following acts and the causing thereof within the State by any person are prohibited:
(1) The manufacture, sale, delivery, holding, or offering for sale of any food, drug, device, or cosmetic that is adulterated or misbranded;
(2) The adulteration or misbranding of any food, drug, device, or cosmetic;
(3) The receipt in commerce of any food, drug, device, or cosmetic that is adulterated or misbranded, and the delivery or proffered delivery thereof for pay or otherwise;
(4) The sale, delivery for sale, holding for sale, or offering for sale of any article in violation of section 328-11, 328-12, or 328-17;
(5) The dissemination of any false advertisement;
(6) The refusal to permit entry or inspection, or to permit the taking of a sample, as authorized by sections 328-22 and 328-23 to 328-27, or to permit access to or copying of any record as authorized by section 328-23;
(7) The giving of a guaranty or undertaking, which guaranty or undertaking is false, except by a person who relied on a guaranty or undertaking to the same effect signed by, and containing the name and address of the person residing in the State from whom the person received in good faith the food, drug, device, or cosmetic;
(8) The removal or disposal of a detained or embargoed article in violation of sections 328-25 to 328-27;
(9) The alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the labeling of, or the doing of any other act with respect to a food, drug, device, or cosmetic, if the act is done while the article is held for sale and results in the article being adulterated or misbranded;
(10) Forging, counterfeiting, simulating, or falsely representing, or without proper authority using any mark, stamp, tag, label, or other identification device authorized or required by rules adopted under this part or regulations adopted under the Federal Act;
(11) The use, on the labeling of any drug or in any advertisement relating to the drug, of any representation or suggestion that an application with respect to the drug is effective under section 328-17, or that the drug complies with that section;
(12) The use by any person to the person's own advantage, or revealing other than to the department of health or to the courts when relevant in any judicial proceeding under this part, any information acquired under authority of section 328-11, 328-12, 328-17, or 328-23, concerning any method or process which as a trade secret is entitled to protection;
(13) In the case of a prescription drug distributed or
offered for sale in this State, the failure of the manufacturer, packer, or
distributor thereof to maintain for transmittal, or to transmit, to any
practitioner who makes written request for information as to the drug, true and
correct copies of all printed matter [
which] that is required to
be included in any package in which that drug is distributed or sold, or [ such]
other printed matter as is approved under the Federal Act. Nothing in this
paragraph shall be construed to exempt any person from any labeling requirement
imposed by or under other provisions of this part;
(14) (A) Placing or causing to be placed upon any drug or device or container thereof, with intent to defraud, the trade name or other identifying mark, or imprint of another or any likeness of any of the foregoing; or
(B) Selling, dispensing, disposing of, or causing to be sold, dispensed, or disposed of, or concealing or keeping in possession, control, or custody, with intent to sell, dispense, or dispose of, any drug, device, or any container thereof, with knowledge that the trade name or other identifying mark or imprint of another or any likeness of any of the foregoing has been placed thereon in a manner prohibited by subparagraph (A); or
(C) Making, selling, disposing of, or causing to be made, sold, or disposed of, or keeping in possession, control, or custody, or concealing, with intent to defraud, any punch, die, plate, or other thing designed to print, imprint, or reproduce that trade name or other identifying mark or imprint of another or any likeness of any of the foregoing upon any drug, device, or container thereof;
(15) Except as provided in part VI and section 461-1, dispensing or causing to be dispensed a different drug or brand of drug in place of the drug or brand of drug ordered or prescribed without express permission in each case of the person ordering or prescribing;
(16) The distribution in commerce of a consumer
commodity as defined in this part, if [
such] the commodity is
contained in a package, or if there is affixed to that commodity a label, which
does not conform to this part and of rules adopted under authority of this
part; provided that this prohibition shall not apply to persons engaged in
business as wholesale or retail distributors of consumer commodities except to
the extent that [ such] the persons:
(A) Are engaged in the packaging or labeling
such] the commodities; or
(B) Prescribe or specify by any means the manner
in which [
such] the commodities are packaged or labeled;
(17) The selling or dispensing in restaurants, soda
fountains, drive-ins, lunch wagons, or similar public eating establishments of
imitation milk and imitation milk products in place of fresh milk and fresh
milk products respectively; of liquid or dry products [
simulate cream but do not comply with content requirements for cream in place
of cream; of non-dairy frozen desserts [ which] that do not comply
with content requirements for dairy frozen desserts in place of dairy frozen
desserts; and of any other imitation food or one made in semblance of a genuine
food in place of [ such] the genuine food, unless the consumer is
notified by either proper labeling or conspicuous posted signs or conspicuous
notices on menu cards and advertisements informing of [ such] the substitution,
to include but not be limited to the substitution of imitation milk in
milk shake and malted milk drinks;
(18) Wilfully and falsely representing or using any devices, substances, methods, or treatment as effective in the diagnosis, cure, mitigation, treatment, or alleviation of cancer. This paragraph shall not apply to any person who depends exclusively upon prayer for healing in accordance with teachings of a bona fide religious sect, denomination, or organization, nor to a person who practices such teachings;
(19) The selling or offering for sale at any food facility which serves or sells over the counter directly to the consumer an unlabeled or unpackaged food that is a confectionery which contains alcohol in excess of one-half of one per cent by weight unless the consumer is notified of that fact by either proper labeling or conspicuous posted signs or conspicuous notices on menu cards and advertisements;
(20) The sale to a person below the age of twenty-one
years of any food [
which] that is a confectionery [ which
contains] containing alcohol in excess of one-half of one per cent
by weight[ .]; and
(21) The sale, offering for sale, or distribution of any genetically engineered whole food intended for human consumption within the State unless the fact of genetic engineering is disclosed as required by section 328- ."
SECTION 5. 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 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect upon its approval.
Labeling; Genetically Engineered Whole Food
Requires labeling of certain genetically engineered food products.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.