HB1727

SECTION 1. The old adage, "better safe that sorry", is known in policy circles as the "precautionary principle": In the absence of scientific certainty, a party should err on the side of caution. The precautionary principle is very simple and often boils down to just good old common sense, "If we are embarking on something new, we should think very carefully about the risks." This principle has been used throughout the world and was incorporated in the 1992 Earth Summit's Rio Declaration on Environment and Development, as well as the 2000 Montreal Summit's Cartagena Protocol on Biosafety.

Opponents to the precautionary principle believe that the potential of new technologies is so great that new technologies should be accepted even with inadequate testing, and any negative impacts of the technology should be absorbed by society as externalities. Externality is an economic term that refers to a cost or benefit that is experienced by someone who is not a party to the transaction that produced it. This approach raises the concern of whether society should be so accepting of new, untested technologies, and if it is, whether technological innovators should be held liable for the their products' negative consequences or pay financial damages.

The precautionary principle correctly places the burden of proof on the proponent of new technologies. It is the proponent's responsibility to demonstrate that a new technology is safe beyond reasonable doubt.

In any situation where there is uncertainty, mistakes will occur. The legislature finds that the aim must be to minimize the damage as much as possible. Just as society does not require a defendant to prove his or her innocence, society should not require objectors to new technologies to prove that a particular technology is harmful. Objectors should be required to present evidence that stands up to scrutiny; however, they should not have to prove that serious dangers are inevitable. The burden of proof should be on the innovators. It is up to those who want to introduce something new to prove, beyond reasonable doubt, that the product is safe.

Society balances trials in favor of the defendant because it believes that convicting an innocent person is far worse than failing to convict someone who is actually guilty. Using that same reasoning, society should balance the risks and hazards of introducing new technologies in favor of safety, especially when damages may be very serious or irredeemable.

The purpose of this Act is to require the department of agriculture to apply the precautionary principle when evaluating new technologies, techniques, and products for importation, cultivation, or processing.

SECTION 2. Section 26-16, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) The department shall:

(1) Promote the conservation, development, and utilization of agricultural resources in the State;

(2) Assist the farmers of the State and any others engaged in agriculture by research projects, dissemination of information, crop and livestock reporting service, market news service, and any other means of improving the well-being of those engaged in agriculture and increasing the productivity of the lands;

(3) Administer the programs of the State relating to animal husbandry, entomology, farm credit, development and promotion of agricultural products and markets, and the establishment and enforcement of the rules on the grading and labeling of agricultural products; [~~and~~]

(4) Administer the aquaculture program under section 141‑2.5[.]; and

(5) Apply the precautionary principle in evaluating all permit applications. "Apply the precautionary principle" as used in this paragraph means evaluating whether it would be prudent to deny a permit, certification, or other form of approval to avert potential serious or irreversible environmental damage before scientific certainty about the likelihood, magnitude, or causation of the harm exists."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

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

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	1727
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII