Report Title:

Genetic Engineering; Non-food Materials; Prohibition

Description:

Prohibits the use of food crops for the genetic engineering of drugs, industrial chemicals, and other non-good materials.

THE SENATE

S.B. NO.

2331

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to genetic engineering.

 

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

Genetic engineering of non-food materials

§ -1 Definitions. Whenever used in this chapter:

"Animal feed" means an article intended for use as a food for animals other than humans as a source of nutrients in the diet of the animal. The term is not limited to a mixture intended to be the sole ration of the animal.

"Food" means articles used for food or drink for humans; chewing gum; and articles used for components of any such article.

"Genetic engineering" means the artificial insertion of foreign genetic material into an organism.

§ -2 General powers. The department of agriculture may:

(1) Regulate the genetic engineering of non-food materials;

(2) Investigate all matters in genetic engineering of non-food materials; and

(3) Make and enforce all rules and regulations and all orders necessary to carry out this chapter.

§ -3 Prohibition. The following acts are prohibited:

(1) The genetic engineering of drugs, industrial chemicals, or other non-food materials into crops or livestock normally used as food or animal feed; and

(2) The production, transport, or release in the State of Hawaii of food or animal feed crops or livestock genetically engineered to contain or produce drugs, industrial chemicals, or other non-food materials.

§ -4 Remedies; criminal and civil penalties. (a) The board of agriculture may institute such action as may be necessary to enforce compliance with this chapter.

(b) Any person who violates this chapter shall be guilty of a misdemeanor, provided that any fine imposed shall be not less than $250 or more than $1,000.

(c) The board of agriculture, after notice and opportunity for hearing, may fine any person who violates this chapter or any rule adopted under this chapter, not less than $250 or more than $1,000 for each separate offense. Any action taken to impose or collect the penalty provided for in this subsection shall be considered a civil action."

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

INTRODUCED BY:

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