Permits testing of an existing genetically modified non-Hawaiian variety of taro for a five year period, provided that adequate safeguards exist to prevent pollen from being released. Requires a report to legislature. Sunsets on June 30, 2011. (SD1)

A BILL FOR AN ACT

SECTION 1. Growth in genetically engineered agricultural production has been swift and pervasive throughout the nation. The quick acceptance of the new technology, however, may pose serious consequences for the health and safety of our citizens. Further, because an exchange of genetic material between genetically modified crops and conventional crops, wild plants, and organisms is known to occur, genetically modified material and any adverse characteristics it confers or promotes could be irreversibly dispersed into the wider environment.

In Hawaii, the taro-growing industry is widely known around the world and deeply imbedded in our culture. The legislature finds that commercially experimenting with the genetic engineering of this crop without examining and evaluating the adverse effects of this process is careless and may have far-reaching, irreversible, and unintended consequences.

The purpose of this Act is to outline the conditions under which testing of an existing genetically modified non-Hawaiian variety of taro will be permissible for a five-year period.

SECTION 2. Chapter 321, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§321-   Genetically modified taro; limitations. (a) An existing genetically modified non-Hawaiian variety of taro may be tested, propagated, cultivated, raised, or grown in an environmentally secure facility. No open-field testing or growing shall be permitted.

(b) Except as provided in subsection (a), no genetically modified Hawaiian variety of taro or non-Hawaiian variety of taro shall be tested, propagated, cultivated, raised, or grown in the State.

(c) As used in this section:

"Environmentally secure facility" means an enclosed facility, such as a laboratory or greenhouse, in which precautions exist to prevent the exchange of genetic material between genetically modified taro and non-genetically modified or conventional taro.

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

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

SECTION 3. The department of health shall submit a report on the effects of this Act to the legislature no later than twenty days prior to the convening of the regular session of 2011.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2006 and be repealed on June 30, 2011.