SB2926.DOC

THE SENATE	S.B. NO.	2926
TWENTY-SEVENTH LEGISLATURE, 2014
STATE OF HAWAII

A BILL FOR AN ACT

relating to genetically engineered food.

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

SECTION 1. Chapter 328, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§328- Non-genetically engineered food products; labeling. (a) Beginning on January 1, 2015, all food products that are not genetically engineered and are offered for retail sale within the State of Hawaii are misbranded if the fact is not disclosed as follows:

(1) On the package offered for retail sale, with the words "Non-GMO" or "Not a genetically engineered food product" appearing clearly and conspicuously on the label on the front of the package, or in the case of any such product that is not separately packaged or labeled, on a clear and conspicuous label appearing on the retail store shelf or bin in which such product is displayed for sale or on the product itself; and

(2) Any word, statement, or other information appearing on a label upon or connected to the immediate container or surface of any genetically engineered food product shall not be considered to be in compliance with this section unless such word, statement, or other information also appears on the outside container or wrapper, if any, of the bulk, wholesale, or retail package of such product or is easily legible through the outside container or wrapper.

(b) This section shall not apply to the following:

(1) Food that is not packaged for retail sale and that is:

(A) A processed food prepared and intended for immediate human consumption; or

(B) Served, sold, or otherwise provided in any restaurant or other food service establishment that is primarily engaged in the sale of food prepared and intended for immediate human consumption; or

(2) Medical food as defined in section 346-67.

(c) Any violation of this section shall be considered a violation of section 328-6. Only the principal labeler, as defined in section 328-1, shall be liable for any violation of this section."

SECTION 2. Section 328-1, Hawaii Revised Statutes, is amended by adding two new definitions to be appropriately inserted and to read as follows:

""Genetically engineered" means produced from an organism or organisms of which the genetic material has been changed through the application of:

(1) In vitro nucleic acid techniques including recombinant deoxyribonucleic acid techniques and the direct injection of nucleic acid into cells or organelles including but not limited to recombinant deoxyribonucleic acid or ribonucleic acid techniques that use vector systems and techniques involving the direct introduction into the organisms of hereditary material prepared outside the organisms such as micro-injection, macro-injection, chemoporation, electroporation, micro-encapsulation, and liposome fusion; or

(2) Fusion of cells, including protoplast fusion, or hybridization techniques that overcome natural physiological, reproductive, or recombination barriers, where the donor cells or protoplasts do not fall within the same taxonomic family, in a way that does not occur by natural multiplication or natural recombination.

"Principal labeler" means the manufacturer, packer, or distributor whose name is on the package that contains the food product that is distributed to the retailer; provided that if more than one name is on the package, the "principal labeler" means the manufacturer, packer, or distributor whose name is on the package and who last had possession of the package before distribution to the retailer."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________