Prohibits the growing of pharmaceutical crops using genetically engineered techniques.

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 may, however, pose serious consequences for the health and safety of the nation's citizens. A great potential harm of genetically engineered crops is the use of these crops for pharmaceutical purposes. Given the lack of certainty about the environmental consequences of releasing altered genetic material into the environment, the effects of the use of drugs derived from genetically engineered products are uncertain for humans and other animals as well. Prudence requires that firm action be taken to control the growing of genetically engineered crops that can be used in pharmaceutical products.

The purpose of this Act is to prohibit genetically engineered plants or crops to be used for pharmaceutical purposes.

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-   Pharmaceutical crops. (a) The growing of pharmaceutical crops using genetically engineered techniques shall be prohibited.

(b) For purposes of this section:

"Genetically engineered" means a life form or its living progeny that has been altered at the nucleic acid level, using the techniques collectively referred to as recombinant DNA technology. Such techniques involve the transfer of genes, regulatory sequences, or nucleic acid between hosts by the use of vectors or laboratory manipulations and include, but are not limited to, the insertion, excision, duplication, inactivation, or relocation of specific genes, regulatory sequences, or sections of nucleic acid. This term does not apply to material or an organism developed exclusively through traditional methods of breeding, hybridization, or nondirected mutagenesis.

"Pharmaceutical crops" means genetically modified crops designed to produce biological or drug products including intermediates, protein drugs, medical devices, new animal drugs, and veterinary biologics as regulated by the Food and Drug Administration or the United States Department of Agriculture.

(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.