Report Title:

Genetically Modified Organisms; Liability

Description:

Assigns liability for injury caused by genetically modified organisms.

THE SENATE

S.B. NO.

1037

TWENTY-THIRD LEGISLATURE, 2005

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to genetically modified organisms.

 

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

SECTION 1. The legislature finds that certified organic products are grown and processed without the use of synthetic chemicals, fertilizers, or genetically modified organisms. The latter is an innovative method of farming and production, and is increasingly being recognized as being on the leading edge of food and fiber technology for the future.

However, the negative consequences stemming from the use of genetically modified 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. It may also lead to undesirable consequences, including crop failures, neighboring and nearby farmers suffering from unwanted cross pollination, increased insect resistance to crops that use genetically modified organisms, and the development of unwanted genetically-modified plants.

The legislature further finds that organic farmers who neighbor farms that use genetically modified organisms face a particular risk in losing their "certified organic" classification when their crops, fertilizers, and other processes or elements required for organic certification are contaminated by crops that use genetically modified organisms. Thus, a person who uses genetically modified organisms in their crops should be liable for the failures of neighboring organic farmers who lose their organic certification as a result of contamination by the genetically modified organisms.

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 modified organisms liability

§142-A Short title. This part shall be known and may be cited as the Genetically Modified Organism Liability Act.

§142-B Definitions. As used in this part:

"Injury" includes any harm to a person's stock used, crop produced, or any other process or element used in the course of organic farming, which harm arises from the contamination by a genetically modified organism.

"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) Any person who knowingly grows crops that contain a genetically modified organism shall be liable in tort to any party who conducts organic farming and whose natural seed stock, crops, or other processes or elements necessary for organic certification are contaminated by the release of a genetically modified organism into the environment if: the release by the person of the genetically modified organism is the proximate cause of contamination or other injury affecting the organic certification of party who conducts organic farming. 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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