Prohibits genetically engineered food crops or feed crops from being planted in the open for purposes of testing and production of pharmaceutical and industrial chemicals to prevent the food supply from becoming contaminated by pharmaceutical drugs and industrial chemicals. Allows production and testing of these crops in facilities that are environmentally controlled against the release of pollen into the air.

A BILL FOR AN ACT

SECTION 1. The legislature finds that the number of applications to grow genetically engineered "pharmcrops" has increased significantly. With this technology, the legislature believes that it is imperative to regulate this matter in a way that allows technology to proceed and for the community to reap the benefits while also protecting the food and feed industries from unnecessary harm.

The purpose of this Act is to:

SECTION 2. Chapter 142, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part   . Genetically engineered pharmaceutical

§142-A Short title. This Act shall be known and may be cited as the Genetically Engineered Pharmaceutical and Industrial Crop Safety Act.

§142-B Definitions. As used in this part:

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

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

"Industrial crop" means a genetically engineered plant that is designed to produce industrial products, including industrial and research chemicals and enzymes. The term includes a crop intentionally treated with genetically engineered material that, in turn, produces an industrial substance.

"Pharmaceutical crop" means a genetically engineered plant that is designed to produce medical products, including human and veterinary drugs and biologics. The term includes a crop intentionally treated with genetically engineered material that, in turn, produces a medical substance.

§142-C Regulation of production of pharmaceutical crops and industrial crops. (a) Growing, raising, or otherwise cultivating a pharmaceutical crop or industrial crop for purposes of testing and production of pharmaceutical and industrial chemicals, is prohibited in an open air environment and in a food commonly used for human food or domestic animal feed, except the production and testing shall be permitted when these crops are grown, raised, or otherwise cultivated in facilities that are environmentally controlled against the release of pollen into the ambient air. The department of agriculture shall adopt rules under chapter 91 to enforce these prohibitions. Growing, raising, or otherwise cultivating a pharmaceutical crop or industrial crop shall be prohibited until the rules and tracking system required by this section are in effect.

(b) In order to prevent contamination, the department of agriculture shall establish a tracking system to regulate the growing, handling, transportation, and disposal of all pharmaceutical and industrial crops and their byproducts.

§142-D Civil penalties for violation. (a) The chairperson of the board of agriculture, by written order, may assess a civil penalty against a person who violates a provision of this part, including a rule adopted or order issued under this part. Each violation, and each day during which a violation continues, shall constitute a separate offense.

(b) The maximum amount that may be assessed under this section for any violation is a civil penalty of $1,000,000. In determining the amount of the civil penalty, factors to be considered include the following:

(c) A civil penalty under this section shall not be assessed against a person unless the person is given notice and an opportunity for a hearing on the record.

(d) An order assessing a civil penalty against a person under subsection (a) may be reviewed only in accordance with this subsection. The order shall be final and conclusive unless the person, not later than thirty days after the effective date of the order, files a petition for judicial review in the circuit court and simultaneously sends a copy of the petition by certified mail to the department of agriculture.

(e) If a person fails to pay a civil penalty after the order assessing the civil penalty has become final and unappealable, the department shall refer the matter to the attorney general, who shall bring a civil action to recover the amount of the civil penalty. In the collection action, the validity and appropriateness of the order of the department imposing the civil penalty shall not be subject to review."

SECTION 3. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 4. This Act shall take effect upon its approval.