Report Title:
Genetically Engineered Plant Life
Description:
Establishes procedures to protect non-genetically engineered plant life from their genetically engineered counterparts; holds the manufacturer of genetically engineered plants, plant parts, or seeds strictly liable for damages that result from the cross-pollination or cross contamination of non-genetically engineered plants.
THE SENATE |
S.B. NO. |
2272 |
TWENTY-SECOND LEGISLATURE, 2004 |
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STATE OF HAWAII |
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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 regarding how to plant the plants, plant parts, or seeds and grow and harvest the crop to avoid cross-pollination or other contamination with non-genetically-engineered plants. These instructions shall include, but are not limited to, the establishment of adequate buffer zones between genetically-engineered plants and wild or cultivated plants, which risk cross-pollination or cross-contamination. Provisions for following such 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 any harm to natural resources, for the costs of restoration, and for any damages that result from the cross-pollination or cross-contamination of non-genetically-engineered plants by genetically-engineered plants. This section shall not be construed to limit the liability of any 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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