Report Title:

Protection Against Genetically Engineered Plant Life

Description:

Provides for procedures to protect nongenetically engineered plant life from their genetically engineered counterparts. Establishes the liability of manufacturers and growers of genetically engineered plants, plant parts, or seeds.

HOUSE OF REPRESENTATIVES

H.B. NO.

2175

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to environmental protection of agriculture.

 

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

SECTION 1. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

GENETICALLY ENGINEERED PLANT LIFE

-1 Written instructions. With respect to genetically engineered plants, plant parts, or seeds sold or distributed in the State for use in research, agricultural, horticultural, forestry, or other purposes in Hawaii, the manufacturer of any genetically engineered plants, plant parts, or seeds that present a risk of cross pollination or cross contamination shall provide written instructions to all growers about how to plant the plants, plant parts, or seeds and grow and harvest the crop to avoid cross pollination or other contamination with plants of nongenetically engineered origin. The instructions shall include but not be limited to the establishment of adequate buffer zones between the genetically engineered plants and wild or cultivated plants subject to the risk of cross pollination or cross contamination. Provisions for following the instructions shall be incorporated into written contracts between manufacturers of genetically engineered plants, plant parts, or seeds and growers of such items in the State. Copies of all executed contracts between manufacturers and growers in the State shall be filed with the department of agriculture and a private monitoring organization no later than twenty days following the sale of the plant products.

-2 Liability. A manufacturer that violates section    -1 shall be strictly liable in tort to any agricultural grower and to the State for harm to natural resources, for the costs of restoration, and for any damages due to cross pollination or cross contamination of nongenetically engineered plants by genetically engineered plants. This section shall not be construed to limit any liability of the manufacturer or any grower under any cause of action not based upon this section. This section shall not be subject to waiver by agreement or otherwise.

-3 Surety. No genetically engineered plants, plant parts, or seeds that present a risk of cross pollination or cross contamination shall be distributed or grown in the State, unless the manufacturer of the products furnishes the department of agriculture and a private monitoring organization a good and sufficient surety bond in the amount of $25,000,000, executed by a surety company duly authorized to transact business in the State. A bond shall be taken for the sole benefit of any party, including the State, that has been awarded damages by a court in an action brought for damages, including harm to crops and natural resources and the costs of restoration resulting from cross pollination or cross contamination caused by any genetically engineered plant products produced by the manufacturer posting the bond."

SECTION 2. This Act shall take effect upon its approval.

INTRODUCED BY:

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