Prohibits bioprospecting and biopiracy until the department of agriculture, in consultation with the office of Hawaiian affairs, creates administrative rules to regulate these practices.

A BILL FOR AN ACT

SECTION 1. The legislature finds that the economic health of Hawaii's agricultural sector is critical to the overall health of Hawaii's economy, and that this depends in major part on the high reputation of Hawaii's farmers and their agricultural products.

Growth in genetically engineered agricultural production has been swift and pervasive throughout the nation. The quick acceptance of the new technology by American farmers may, however, pose serious consequences for conventional agriculture -- consequences that scientists do not yet fully understand. Those consequences have created doubt about the wisdom of growing genetically engineered agricultural products, both within the farming community and Congress.

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, or alter other plants or animals, including insects and microorganisms which interact with domestic crops, as well as plants and animals within the natural environment.

Another unwanted consequence of bioengineering is the appearance of entrepreneurs willing to exploit the technology for profit by obtaining exclusive control over the genetic resources, knowledge, and processes of indigenous peoples. Conversion of this knowledge into an intellectual property right, such as a patent, takes from an indigenous community part of its heritage, which then may be used in environmentally harmful ways that an indigenous community would never have intended.

The purpose of this Act is to prohibit bioprospecting and biopiracy in Hawaii, until the department of agriculture can regulate these practices.

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

"§142-   Bioprospecting. (a) No person shall engage in bioprospecting or biopiracy until the department of agriculture, in coordination with the office of Hawaiian affairs, establishes administrative rules pursuant to chapter 91 to regulate these practices.

(b) For purposes of this section:

(c) 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 is in addition to any civil or criminal actions otherwise available against the same conduct."

SECTION 3. New statutory material is underscored.

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