Prohibits the planting of a genetically engineered seed or plant part in an open field; allows the chairperson of the board of agriculture to grant an exception where such planting is done in a controlled environment.

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 the planting of genetically engineered seeds or plant parts in open fields.

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-   Genetically engineered seeds and plant parts; environmental risks. (a) No person shall plant in an open field in this State a genetically engineered seed or plant part, the genetically engineered properties of which are capable of release to an offspring. The chairperson of the board of agriculture may grant an exception to this requirement upon the demonstration that use of such a genetically engineered seed or plant part would be within a controlled environment such that no other plant could inadvertently be affected.

(b) For purposes of this section:

"Genetically engineered plant" means a plant that contains a genetically engineered material or was produced with a genetically engineered material. A plant shall be considered to contain a 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 a genetically engineered material or was produced with a genetically engineered material. A seed shall be considered to contain a genetically engineered material or to have been produced with a genetically engineered material if the seed (or the plant from which the seed is derived) 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 any resulting seeds are produced with a genetically engineered material); and

"Open field" means a field that is not located within a building.

(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.