Report Title:

Genetically Modified Organisms; DOH Notification and Certification; Liability

Description:

Requires persons proposing to engage in testing, propagating, cultivating, and growing GMOs to notify DOH and obtain a certification of approval from DOH.  Includes liability provisions for injury or damage resulting from such activity.  (HB1453 HD1)

HOUSE OF REPRESENTATIVES	H.B. NO.	1453
TWENTY-FOURTH LEGISLATURE, 2007		H.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO GENETICALLY MODIFIED ORGANISMS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Section 321-11.6, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§321-11.6[]]  Genetically modified organisms[.]; notification and certification. (a)  Any person that proposes to research, test, propagate, cultivate, grow, or produce any genetically modified organism shall notify:

(1) The department of health;

(2) The department of agriculture; and

(3) The sitting chairs of the appropriate committees within the senate and house of representatives dealing with health and agriculture,

of the person's intent to conduct the activity and the nature of the activity, and shall obtain certification of approval from the department of health and the department of agriculture prior to conducting the activity; provided that within one hundred eighty days of receipt of certification of approval the certification may be rescinded by either of the departments.

(b)  Any applicant to any federal agency for any permit for or approval of any bioproduct, field testing of genetically modified organisms, or environmental impact assessment of genetically modified organisms shall submit one copy of that application to the department[,] of health, at the same time that the application is submitted to the federal agency."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.