Report Title:
Genetically Engineered Organisms
Description:
Assigns liability for injury caused by genetically engineered organisms.
HOUSE OF REPRESENTATIVES |
H.B. NO. |
2054 |
TWENTY-SECOND LEGISLATURE, 2004 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO GENETICALLY ENGINEERED ORGANISMS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the negative consequences stemming from the use of genetically engineered organisms in crops may impact many people, including farmers who grow crops using genetically engineered organisms, neighboring farmers who do not grow such crops, and consumers of the output from such crops. The legislature further finds that biotechnology companies are selling the technology for genetically engineered organisms while the consequences and impacts of using genetically engineered organisms remain unknown. Given these uncertainties, the use of genetically engineered organisms for crops at this time may lead to many undesirable consequences, including farmers suffering from crop failures, neighboring and nearby farmers suffering from unwanted cross pollination, increased insect resistance to crops that use genetically engineered organisms, and the development of unwanted genetically-engineered plants. In addition, consumers may suffer from negative health and environmental impacts. Thus, biotechnology companies should be liable for the failures of genetically engineered crops when such failures arise.
SECTION 2. Chapter 142, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:
"Part . genetically engineered organism liability
§142-A Short title. This Act shall be known and may be cited as the Genetically Engineered Organism Liability Act.
§142-B Definitions. As used in this part:
"Biotechnology company" means a person who engages in the business of genetically engineering an organism; or obtains the patent rights to a genetically engineered organism for the purposes of commercial exploitation of that organism.
"Injury" includes any harm to a person who uses a genetically engineered organism in accordance with any applicable federal and other law, if that harm arises from that use.
"Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, instrumentality, or any organized group of persons whether incorporated or not.
§142-C Liability. (a) A biotechnology company is strictly liable in tort to any party that is injured by the release of a genetically engineered organism into the environment if that injury results in whole or in part from a genetically engineered organism produced by the biotechnology company. The prevailing plaintiff in an action under this subsection may recover reasonable attorney's fees and other litigation expenses.
(b) The liability created by subsection (a) may not be waived or otherwise avoided by a contract."
SECTION 3. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.
SECTION 4. This Act shall take effect upon its approval.
INTRODUCED BY: |
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