Report Title:

Biopharmaceutical Crops; Prohibitions

 

Description:

Prohibits the growing of crops that produce pharmaceuticals.  Prohibits laboratory work relating to biopharmaceutical crops.  Defines "biopharmaceutical crops", "food crop", "genetically modified", "person", and "recombinant DNA technology".

 


HOUSE OF REPRESENTATIVES

H.B. NO.

1048

TWENTY-FOURTH LEGISLATURE, 2007

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

relating to genetically modified crops.

 

 

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

 


SECTION 1.  The legislature finds that during the past decade, Hawaii has hosted more than three dozen field tests of crops genetically engineered to produce pharmaceuticals and industrial proteins.  These field tests have been conducted in the open air in many locations on most of the main Hawaiian islands.  The nature of the crops being grown has not been identified to the public, nor has the public been informed of the locations where the crops have been grown.  Neither the federal government nor the growers have been willing to make this information available.

     These experimental crops use food and feed crops, including corn, rice, soybeans, and sugar cane to produce a variety of pharmaceutical proteins and industrial enzymes, including hormones, AIDS, hepatitis, and swine diarrhea vaccines, monoclonal antibodies, aprotinin, trypsin, human granulocyte macrophage stimulating factor, as well as plastics and diagnostic compounds.

These crops are visually indistinguishable from conventional varieties, but are not intended for consumption.  No tolerances, that is, maximum safe exposure levels, have been established for any of the proteins being produced; no human exposure is legally allowable.

     Concerns about the risk of such tests contaminating the food supply and environment have been expressed by a broad spectrum of interests, including Consumers' Union, the National Food Processors Association, Grocery Manufacturers of America, the Union of Concerned Scientists, the National Academy of Sciences, and individual scientists of national reputation.

     Noted scientists have expressed their concern that exposure to even minute quantities of many of these proteins can cause serious health problems in humans and animals.  For example, it has been reported that if workers harvesting or processing the AIDS vaccine-producing corn inhaled the corn pollen or dust, their immune systems might become unresponsive to AIDS infections, with potentially lethal consequences.  It has been reported that exposure to monoclonal antibodies may cause autoimmune disorders, and exposure to proinsulin may cause Type 1 diabetes.

     In December 2005, the Inspector General of the United States Department of Agriculture issued an audit of the agency's oversight of field testing of genetically engineered crops by its Animal and Plant Health Inspection Service and concluded, among other things, that "APHIS lacks clear, comprehensive requirements and effective internal controls to minimize the risk of inadvertent release of [genetically engineered organisms] into the environment", that "[e]ven if APHIS improves its inspection process, we found that APHIS has not updated its regulations to reflect the Plant Protection Act of 2000, under which APHIS carries out its biotechnology oversight duties", and that "APHIS lacks basic information about the field test sites it approves and is responsible for monitoring, including where and how the crops are being grown, and what becomes of them at the end of the field test."  During the investigation, the Inspector General found that two large harvests of pharmaceutical crops had remained in storage at the field test sites for over a year without APHIS' knowledge or approval of the storage facility.

     On several occasions, contamination of conventional crops by pharmaceutical crops has occurred accidentally.  In addition, contamination of conventional crops by nonpharmaceutical, genetically engineered crops has been widespread, including the recently-announced contamination of the United States long grain rice supply by an experimental, unapproved genetically engineered variety, resulting in substantial economic harm to rice growers.

     In September 2006, the federal district court for the district of Hawaii ruled that the Animal and Plant Health Inspection Service, by issuing field test permits for pharmaceutical crops without assessing environmental impacts, had consistently acted in "utter disregard" of the Endangered Species Act and that its practice "constitutes an unequivocal violation of a clear congressional mandate".

     The legislature finds that Hawaii, with its dense populations, proximity of agricultural areas to population centers and natural areas, and the presence of hundreds of threatened and endangered species, many found nowhere else on earth, is not an appropriate location for open air field tests of experimental crops that may cause harm, and that cannot be recalled once they have been released into the environment, whether by wind, rain, pollen dispersal, rodents, insects, pigs, terrorism, or human error.

     The purpose of this Act is to ensure that the food supply, the health of Hawaii's residents and visitors, the health of its unique and sensitive ecosystems, and its economy are protected from accidental exposure to these crops.

     SECTION 2.  Title 11, Hawaii Revised Statutes, is amended by adding a new chapter to be appropriately designated and to read as follows:

"CHAPTER

GENETICALLY MODIFIED CROPS

     §   -1  Biopharmaceutical crops; prohibition; penalties.  (a)  No biopharmaceutical crops using food crops shall be tested, propagated, cultivated, raised, grown, or used in research in the State.

     (b)  No biopharmaceutical crops using nonfood crops shall be tested, propagated, cultivated, raised, grown, or used in research in the State except in indoor laboratories employing adequate biosafety protocols designed to prevent release into the environment.

     (c)  A person that tests, propagates, cultivates, raises, or grows biopharmaceutical crops, or conducts laboratory work on biopharmaceutical crops, shall be civilly liable for damage that may result from this activity.  Damage shall include, but not be limited to, adverse effects on other crops, on the health of individuals exposed to the biopharmaceutical crops, on the market for other crops, and on the environment.

     (d)  The department of agriculture shall adopt rules in accordance with chapter 91 to enforce this chapter.

     (e)  For purposes of this section:

     "Biopharmaceutical crops" means genetically modified crops designed to produce biological or drug products, including intermediates, protein drugs, medical devices, new animal drugs, and veterinary biologics.

     "Food crop" means any crop, any part of which is normally consumed or ingested by humans or animals and includes but is not limited to corn, soybeans, rice, wheat, barley, and sugar cane.

     "Genetically modified" means alterations to a life form or its living progeny at the nucleic acid level, using the techniques collectively referred to as recombinant DNA technology.

     "Person" means an individual, corporation, partnership, limited liability company, or any other legal entity.

     "Recombinant DNA technology" means the transfer of genes, regulatory sequences, or nucleic acid between hosts by the use of vectors or laboratory manipulations and includes the insertion, excision, duplication, inactivation, or relocation of specific genes, regulatory sequences, or sections of nucleic acid.  This term does not apply to material or an organism developed exclusively through traditional methods of breeding, hybridization, or nondirected mutagenesis."

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