Prohibits an entity selling seeds from representing that the product sold is free of genetically engineered material if that entity knows or should know otherwise, or if the director of the department of agriculture discovers genetically engineered material.

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.

No practical way of safeguarding against this risk is available, other than abstaining from use of genetically engineered material. The recent fiasco involving Starlink corn, a variety approved only for animal consumption because of its possible allergenic effects on humans, attests to this. Farmers who unwittingly planted the corn have had to accept prices for their crops well below production costs. Grain elevators have had to test their inventories and attempt to segregate millions of bushels of contaminated stocks. Foreign markets have refused to accept shipments of United States corn. The European Commission is drafting regulations that include mandatory segregation and labeling of genetically engineered crops. Two of the top three grocery chains in the United Kingdom have announced that they will sell meat products from livestock fed feed only from conventional, non-genetically engineered crops. The American Crop Growers Association is concerned that these recent actions may also have a negative effect on U.S. exports. Europe has increasingly turned to Brazil, where the cultivation and sale of genetically engineered seeds are banned, to meet its need for animal feed.

The purpose of this Act is to prohibit a wholesaler, retailer, or others selling seeds from representing that the seeds being sold are free of genetically engineered material, if that entity knows or should know otherwise, or if the chairperson of the board of agriculture discovers genetically engineered material.

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-   Labeling. (a) A manufacturer, wholesaler, or retailer of seeds, or any other person, may not sell, or offer for sale, seeds for planting that are labeled as non-genetically engineered or otherwise represented as not containing genetically engineered material if:

(b) For purposes of this section, "genetically engineered material" means material that has been altered at the molecular or cellular level by means that are not possible under natural conditions or processes (including recombinant DNA or RNA techniques, cell fusion, microencapsulation, gene deletion and doubling, introducing a foreign gene, and changing the positions of genes), other than a means consisting exclusively of breeding, conjugation, fermentation, hybridization, in vitro fertilization, tissue culture, or mutogenesis.

(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.