HB1454

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:

(1) Notify the department of the person's intent to conduct the activity; and

(2) Obtain certification of approval from the department prior to conducting the activity.

(b) The department shall examine and evaluate each proposed genetically modified organism research project; testing, propagating, cultivating, or growing technique; or product for its risk to public health and to the environment. The department shall issue a certification of approval after determining the level of risk of the genetically modified organism-related activity in three areas: the risk to the health of individuals involved in the activity, the risk to surrounding areas adjacent to the location of the activity, and the risk of consuming the genetically modified organism if it is intended for consumption.

The certification of approval shall include information on:

(1) The person or company proposing to conduct the genetically modified organism-related activity;

(2) The purpose of the genetically modified organism-related activity;

(3) What organism will be researched, tested, cultivated, propagated, grown, or produced;

(4) How many organisms will be researched, tested, cultivated, propagated, grown, or produced;

(5) The location of the genetically modified organism-related activity; and

(6) Any other information the department may deem necessary.

All certifications of approval shall be available to the public at the department's office or on the department's website.

(c) 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, at the same time that the application is submitted to the federal agency.

(d) Any person that researches, tests, propagates, cultivates, grows, or produces any genetically modified organism shall be civilly liable for injury or damage resulting from such activity. Damage includes but is not limited to:

(1) Adverse effects on other crops;

(2) Adverse effects on the health of individuals exposed to the genetically modified organism; and

(3) Adverse effects on the environment.

(e) The department shall adopt rules pursuant to chapter 91 to implement this section.

(f) As used in this section:

"Genetically modified organism" 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.

"Person" means an individual, corporation, partnership, limited liability corporation, or any other legal entity.

"Recombinant DNA technology" means the transfer of genes, regulatory sequences, or nucleic acid between hosts by the use of vectors or laboratory manipulations and include 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."

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.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	1454
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII