HOUSE OF REPRESENTATIVES

H.B. NO.

631

TWENTY-SEVENTH LEGISLATURE, 2013

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO FOOD.

 

 

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

 


     SECTION 1.  The purpose of this Act is to authorize the labeling of qualified food sold at retail as "not genetically engineered" or "does not include a genetically engineered ingredient".

     The legislature intends that any interested person or public agency have the authority to seek an injunction to prevent or terminate a violation of this Act.

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

"CHAPTER   

LABELING OF NON-GENETICALLY ENGINEERED FOOD

     §   -A  Definitions.  For the purpose of this chapter:

     "Food" has the same meaning as defined under section 328-1.

     "Genetically engineered" means food or an ingredient produced from an organism in which the genetic material has been changed through the application of:

     (1)  In vitro nucleic acid techniques, including recombinant deoxyribonucleic acid or ribonucleic acid techniques that use vector systems; techniques involving the direct introduction into the organism of hereditary materials prepared outside the organisms, such as micro-injection, macro-injection, chemoporation, electroporation, micro-encapsulation, and liposome fusion; and the direct injection of nucleic acid into cells or organelles; or

     (2)  Fusion of cells, including protoplast fusion, or hybridization techniques that overcome natural physiological, reproductive, or recombination barriers, where the donor cells/protoplasts do not fall within the same taxonomic family, in a way that does not occur by natural multiplication or natural recombination.

     "Label" means the same as defined under section 328-2.

     "Organism" means any biological entity capable of replication, reproduction, or transferring genetic material.

     §   -B  "Not genetically engineered" or "does not include a genetically engineered ingredient" food; permitted labeling.  (a)  Food offered for retail sale may have a label stating that the food is "not genetically engineered" or "does not include a genetically engineered ingredient" if the statement is true.

     (b)  The food label authorized by this section shall be displayed in accordance with section 328-8.

     (c)  Food offered for retail sale with a label falsely stating that the food is "not genetically engineered" or "does not include a genetically engineered ingredient" shall be a violation of this section.

     §   -C  Injunctive relief.  (a)  Any person or public agency may bring a civil action in any circuit court of competent jurisdiction for injunctive relief to prevent or terminate any violation of section    -B.

     (b)  The circuit court, in its discretion, may award, to a prevailing person or public agency, reasonable attorney's fees and costs for investigating and prosecuting the action."

     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 on July 1, 2013.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Food Labeling; "Not Genetically Engineered", "Does Not Include a Genetically Engineered Ingredient"

 

Description:

Authorizes display on qualified food offered for retail sale a label stating "not genetically engineered" or "does not include a genetically engineered ingredient" if the statement is true.  Makes an untrue statement a violation.  Allows any person or public agency to seek an injunction to prevent or terminate a violation.

 

 

 

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