Honolulu, Hawaii

                , 2013


RE:   H.B. No. 174

      H.D. 2





Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Seventh State Legislature

Regular Session of 2013

State of Hawaii




     Your Committee on Consumer Protection & Commerce, to which was referred H.B. No. 174, H.D. 1, entitled:




begs leave to report as follows:


     The purpose of this measure is to require, for imported genetically engineered food:


     (1)  Labeling at import and at time of sale; and


     (2)  Compliance with import restrictions and requirements, including those applicable to invasive species.


     An individual councilmember of the Kauai County Council; the Environmental Caucus of the Democratic Party of Hawaii; the Hawaiian Affairs Caucus of the Democratic Party of Hawaii; North Shore Farms, LLC; Hawaii SEED; Down to Earth; GMO Free Kauai; Earthjustice; Babes Against Biotech; Hawaii Organic Farming Association; Label It Hawaii; and numerous individuals provided testimony in support of this measure.  The Department of Agriculture; the Department of Health; Hawaii Food Industry Association; Hawaii Aquaculture & Aquaponics Association; Hawaii Crop Improvement Association; Molokai Chamber of Commerce; Maui County Farm Bureau; The Chamber of Commerce of Hawaii; Monsanto Hawaii; DuPont Pioneer; Hawaii Farm Bureau Federation; Molokai Farm Bureau; and several individuals provided testimony in opposition to this measure.  Several individuals provided comments on this measure.


     Your Committee has amended this measure by:


     (1)  Authorizing labeling of qualified food offered for retail sale as "not genetically engineered" or "does not include a genetically engineered ingredient" if the statement is true and authorizing any person or public agency to seek an injunction to prevent or terminate a violation;


     (2)  Changing its effective date to July 1, 2112, for the purposes of facilitating further discussion; and


     (3)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.


     As affirmed by the record of votes of the members of your Committee on Consumer Protection & Commerce that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 174, H.D. 1, as amended herein, and recommends that it be referred to the Committee on Finance in the form attached hereto as H.B. No. 174, H.D. 2.



Respectfully submitted on behalf of the members of the Committee on Consumer Protection & Commerce,