HOUSE OF REPRESENTATIVES

H.B. NO.

97

TWENTY-SEVENTH LEGISLATURE, 2013

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO THE PROTECTION OF AGRICULTURAL PRODUCTS AGAINST INVASIVE SPECIES.

 

 

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

 


SECTION 1. Chapter 150A, Hawaii Revised Statutes, is amended by adding a new section to part II to be appropriately designated and to read as follows:

"150A-   Genetically engineered organisms. (a) Importation, introduction, or development of a new species of genetically engineered organism shall require a permit issued by the department pursuant to rules and shall be subject to the notification, labeling, and inspection requirements of section 150A-5.

(b) After a public hearing conducted in accordance with chapter 91 the department may, in its discretion, grant an application for a permit with or without conditions or deny an application for a permit based on the department's determination of the possibility of risk presented to agriculture, horticulture, the environment, animal health, or public health.

(c) The department may cancel a permit or amend conditions in a permit if it determines that conditions attendant to the importation, introduction, or development of the new species of genetically engineered organism have changed due to newly discovered risks posed to agriculture, horticulture, the environment, animal health, or public health.

(d) A violation of subsection (a) or a violation of any conditions in permits issued pursuant to this section shall be a violation of this chapter.

(e) For purposes of this section:

"Genetically engineered organism" means:

(1) An organism that has been altered at the molecular or cellular level by means that are not possible under natural conditions or processes, including recombinant deoxyribonucleic acid and ribonucleic acid techniques, cell fusion, microencapsulation, macroencapsulation, gene deletion and doubling, introducing a foreign gene, and changing the positions of genes, and excluding means consisting exclusively of breeding, conjugation, fermentation, hybridization, in vitro fertilization, tissue culture, or mutagenesis; or

(2) An organism made through sexual or asexual reproduction, or both, of an organism described in paragraph (1), if the reproduced organism possesses any of the altered molecular or cellular characteristics of the original organism or organisms."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect on July 1, 2050.



 

Report Title:

Agriculture; Genetically Modified Organisms; Quarantine

 

Description:

Requires a permit from the Department of Agriculture to import, introduce, or develop a new species of genetically engineered organism. Allows the Department after a public hearing to determine whether to grant a permit and under what conditions, if any, based on the Department's determination of the level of risk presented to agriculture, horticulture, the environment, animal, or public health. Effective July 1, 2050. (HB97 HD1)

 

 

 

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