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HomeMy WebLinkAboutCOM 0177.000 2012-2014 Margaret Wille oMt�q"; Phone No. Hilo: (808)961-8027 • w,•Council Member LC_ No. Waimea: (808)887-2043 " �'•'� Phone�' District 9-North and South Kohala Fax No.: (808)887-2072 �:�. •.. . �•t E-Mail: mwille @co.hawaii.hi.us HAWAII COUNTY COUNCIL County of Hawai`i Hawaii County Building Holomua Center West Hawai`i Civic Center Bldg.A 25 Aupuni Street 64-1067 Mamalahoa Highway,Suite C-5 74-5044 Ane Keohokalole Hwy. Hilo, Hawai`i 96720 Waimea, Hawai`i 96743 Kailua-Kona, Hawaii,96740 TO: J Yoshimoto, Council Chair - and Members of the Hawai`i County Council FROM: liMargaret Wille, Council Member DATE: March 6, 2013 SUBJECT: A Resolution Urging the 2013 Hawai`i State Legislature to Amend House Bill No. 174, HD2, to Require Labeling on All Genetically Engineered Produce That Is Both Imported and Grown in Hawai`i Attached is a resolution regarding labeling for genetically engineered produce that is both imported and grown in Hawai`i. Also attached is House Bill No. 174, HD2, for informational purposes. I am requesting this resolution be waived through Committees and placed on the March 28, 2013, Council agenda; however, in the event this request is denied, for whatever reason, I understand this matter shall be referred to the appropriate Committee. Thank you. MW/dh Att. < Res. -L 3> Comm. No. Ref. To: W Serving the Interests of the People of Our Island Ref. Date Hawai`i County Is An Equal Opportunity Provider And Employer MARGARET WILLE •-"`� . ' ,• `` qh! KAREN EOFF Chairperson BRENDA FORD D % i . � ! ..V i.% GREGGOR ILAG AN� VALERIE T. POINDEXTER DRU MAMO KANUHA Vice Chair +r° ^..•,: .• ZENDO KERN DENNIS"FRESH" ONISHI J YOSHIMOTO HAWAII COUNTY COUNCIL County of Hawai`i . Hawaii County Building 25 Aupuni Street Hilo, Hawai`i 96720 March 8, 2013 J Yoshimoto, Chairperson Hawai`i County Council 25 Aupuni Street Hilo, Hawai`i 96720 RE: Resolution No. 80-13 : A Resolution Urging the 2013 Hawai`i State Legislature to Amend House Bill No. 174, HD2, to Require Labeling on All Genetically Engineered Produce That Is Both Imported and Grown in Hawai`i Pursuant to Section 2(g) of Rule 4 of the Rules of Procedure of the Council of the County of Hawai`i, this written request is submitted with my approval that the above-referenced matter be waived from the Committee on Agriculture, Water and Energy Sustainability to the full Council for immediate action. In reviewing this matter, timely approval is crucial. It is therefore advantageous that approval is granted and the matter be placed onto the next Council agenda for review. However, in the event this request is denied, for whatever reason, I understand the matter shall be referred to the Committee on Agriculture, Water and Energy Sustainability for placement on its future agenda. 5fr i cerely, Itig......--. Margar ille, Chair Committee on Agriculture, Water and Energy Sustainability pproved/Date/Waive to Council: Disapproved/Date/Refer to AWESC: l` Yoshimoto, Chairperson J Yoshimoto, Chairperson Hawaii County Council Hawaii County Council Hawaii County is an Equal Opportunity Provider and Employer HOUSE OF REPRESENTATIVES 174 TWENTY-SEVENTH LEGISLATURE, 2013 H . B` 1\10. H.D.2 STATE OF HAWAII A BILL FOR AN ACT RELATING TO FOOD LABELING. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: 1 PART I 2 SECTION 1. Chapter 328, Hawaii Revised Statutes, is 3 amended by adding a new section to be appropriately designated 4 and to read as follows : 5 "S328- Imported genetically engineered produce; 6 labeling requirement. (a) The sale, offering for sale, or 7 distribution of any imported genetically engineered produce 8 intended for human consumption within the State is prohibited 9 unless the fact of genetic engineering is disclosed clearly and 10 conspicuously with a label bearing the words "genetically 11 engineered" directly on the produce offered for retail sale, on 12 the label of the produce's packaging, or, in the case of any 13 such produce that is not separately packaged or labeled, on a 14 clear and conspicuous label appearing on the retail store shelf 15 or bin in which the produce is displayed for sale. 16 (b) Suppliers shall be responsible for labeling both the 17 imported produce and the container used for the packaging, 18 holding, or transporting of the imported produce that is HB174 HD2 HMS 2013-2148 11) 111 I 11. 11III MEHNI11 IMI Paget H . B. NO. 174 H.D. 2 1 delivered directly to Hawaii retailers. The imported 2 genetically engineered produce shall be subject to section 150A- 3 5 . 4 (c) This section shall not apply to: 5 (1) Hawaii-grown produce; 6 (2) Produce grown without the knowing and intentional use 7 of genetically engineered seed or organisms; provided 8 that persons who sell, offer to sell, or distribute 9 such produce shall obtain, from the immediate source 10 of the produce, a sworn statement that the produce has 11 not been knowingly and intentionally genetically 12 engineered, grown from genetically engineered seeds or 13 organisms, or comingled with genetically engineered 14 produce or organisms; or 15 (3) Produce prepared or served in restaurants or other 16 establishments in which food is served for immediate 17 human consumption. 18 (d) Produce shall be considered genetically engineered 19 produce if the organism from which the produce is derived has 20 been genetically engineered. 21 (e) As used in this section, unless the context clearly 22 requires otherwise: HH174 HD2 HMS 2013-2148 IMI.1II111IIIIQ1I:11: II11:1[M IlI Page 3 H a 1 o. 174 H.D. 2 1 "Genetically engineered" means: 2 (1) Altered at the molecular or cellular level by means 3 that are not possible under natural conditions or 4 processes, including recombinant deoxyribonucleic acid 5 and ribonucleic acid techniques, cell fusion, 6 microencapsulation, macroencapsulation, gene deletion 7 and doubling, introduction of a foreign gene, and 8 changing the positions of genes, other than by a means 9 consisting exclusively of breeding, conjugation, 10 fermentation, hybridization, in vitro fertilization, 11 tissue culture, or mutagenesis; or 12 (2) Made through sexual or asexual reproduction, or both, 13 involving an organism described in paragraph (1) . 14 "Produce" means fresh fruits and vegetables for human 15 consumption. 16 (f) The director of health shall adopt rules, pursuant to 17 chapter 91, necessary to effectuate the purposes of this 18 section, including rules for the testing of produce to determine 19 the presence of genetically engineered produce. " 20 SECTION 2 . Section 150A-5, Hawaii Revised Statutes, is 21 amended to read as follows : H13174 HD2 HMS 2013-2148 1I I1 11 1I1I11I I1I1I1111 1 1u11N I1h1 It I Page HB. f V V . H.D. 2 1 "3150A-5 Conditions of importation. The importation into 2 the State of any of the following articles, viz. , nursery-stock, 3 tree, shrub, herb, vine, cut-flower, cutting, graft, scion, bud, 4 seed, leaf, root, or rhizome; nut, fruit, or vegetable; grain, 5 cereal, or legume in the natural or raw state; moss, hay, straw, 6 dry-grass, or other forage; unmanufactured log, limb, or timber, 7 or any other plant-growth or plant-product, unprocessed or in 8 the raw state; soil; microorganisms; live bird, reptile, 9 nematode, insect, or any other animal in any stage of 10 development (that is in addition to the so-called domestic 11 animal, the quarantine of which is provided for in chapter 142) ; 12 genetically engineered produce pursuant to section 328- box, 13 vehicle, baggage, or any other container in which such articles 14 have been transported or any packing material used in connection 15 therewith shall be made in the manner hereinafter set forth: 16 (1) Notification of arrival . Any person who receives for 17 transport or brings or causes to be brought to the 18 State as freight, air freight, baggage, or otherwise, 19 for the purpose of debarkation or entry therein, or as 20 ship' s stores, any of the foregoing articles, shall, 21 immediately upon the arrival thereof, notify the 22 department, in writing, of the arrival, giving the HB174 HD2 HMS 2013-2148 Page 5 74 H . B . NO, H13. 2 1 waybill number, container number, name and address of 2 the consignor, name and address of the consignee or 3 the consignee ' s agent in the State, marks, number of 4 packages, description of contents of each package, 5 port at which laden, and any other information that 6 may be necessary to locate or identify the same, and 7 shall hold such articles at the pier, airport, or any 8 other place where they are first received or 9 discharged, in such a manner that they will not spread 10 or be likely to spread any infestation or infection of 11 insects or diseases that may be present until 12 inspection and examination can be made by the 13 inspector to determine whether or not any article, or 14 any portion thereof, is infested or infected with or 15 contains any pest . The department may adopt rules to 16 require identification of specific articles on 17 negotiable and non-negotiable warehouse receipts, 18 bills of lading, or other documents of title for 19 inspection of pests . In addition, the department 20 shall adopt rules to designate restricted articles 21 that shall require: HB174 HD2 HMS 2013-2148 Page fi H . B. N H.D H.D.2 1 (A) A permit from the department in advance of 2 importation; or 3 (B) A department letter of authorization or 4 registration in advance of importation. 5 The restricted articles shall include but not be 6 limited to certain microorganisms or living insects. 7 Failure to obtain the permit, letter of authorization, 8 or registration in advance is a violation of this 9 section; 10 (2) Individual passengers, officers, and crew. 11 (A) It shall be the responsibility of the 12 transportation company to distribute, prior to 13 the debarkation of passengers and baggage, the 14 State of Hawaii plant and animal declaration form 15 to each passenger, officer, and crew member of 16 any aircraft or vessel originating in the 17 continental United States or its possessions or 18 from any other area not under the jurisdiction of 19 the appropriate federal agency in order that the 20 passenger, officer, or crew member can comply 21 with the directions and requirements appearing 22 thereon. All passengers, officers, and crew HB174 HD2 HMS 2013-2148 IIII�plllll�l��1911111111111 �lall�l Illl�l�� H . B. No. 174 1 members, whether or not they are bringing or 2 causing to be brought for entry into the State 3 the articles listed on the form, shall complete 4 the declaration, except that one adult member of 5 a family may complete the declaration for other 6 family members . Any person who defaces the 7 declaration form required under this section, 8 gives false information, fails to declare 4 restricted articles in the person' s possession or 10 baggage, or fails to declare in cargo manifests 11 is in violation of this section; 12 (B) Completed forms shall be collected by the 13 transportation company and be delivered, 14 immediately upon arrival, to the inspector at the 15 first aiiport or seaport of arrival . Failure to 16 distribute or collect declaration forms or to 17 immediately deliver completed forms is a 18 violation of this section; and 19 (C) It shall be the responsibility of the officers 20 and crew of an aircraft or vessel originating in 21 the continental United States or its possessions 22 or from any other area not under the jurisdiction 1113174 HD2 HMS 2013-2148 INI U 11II [YaalI[II III1 II1a H O H . B . NO. . 2 1 of the appropriate federal agency to immediately 2 report all sightings of any plants and animals to 3 the plant quarantine branch. Failure to comply 4 with this requirement is a violation of this 5 section; 6 (3) Plant and animal declaration form. The form shall 7 include directions for declaring domestic and other 8 animals cited in chapter 142, in addition to the 9 articles enumerated in this chapter; 10 (4) Labels . Each container in which any of the above- 11 mentioned articles are imported into the State shall 12 be plainly and legibly marked, in a conspicuous manner 13 and place, with the name and address of the shipper or 14 owner forwarding or shipping the same, the name or 15 mark of the person to whom the same is forwarded or 16 shipped or the person's agent, the name of the 17 country, state, or territory and locality therein 18 where the product was grown or produced, and a 19 statement of the contents of the container[—J ; 20 provided that all genetically engineered produce 21 pursuant to section 328- shall be explicitly labeled 22 as such. Upon failure to comply with this paragraph, HB174 HD2 HMS 2013-2148 1 111111 1[11 11[11 111111111111111111 1111111 lB H . B . N0, 74 1 the importer or carrier is in violation of this 2 section; 3 (5) Authority to inspect. Whenever the inspector has good 4 cause to believe that the provisions of this chapter 5 are being violated, the inspector may: 6 (A) Enter and inspect any aircraft, vessel, or other 7 carrier at any time after its arrival within the 8 boundaries of the State, whether offshore, at the 9 pier, or at the airport, for the purpose of 10 determining whether any of the articles or pests 11 enumerated in this chapter or rules adopted 12 thereto, is present; 13 (B) Enter into or upon any pier, warehouse, airport, 14 or any other place in the State where any of the 15 above-mentioned articles are moved or stored, for 16 the purpose of ascertaining, by inspection and 17 examination, whether or not any of the articles 18 is infested or infected with any pest or disease 19 or contaminated with soil or contains prohibited 20 plants or animals; and 21 (C) Inspect any baggage or personal effects of 22 disembarking passengers, officers, and crew HB174 HD2 HMS 2013-2148 IIII IIaE lEMU I Page H . B. NO. 174 H.D. 2 1 members on aircraft or vessels arriving in the 2 State to ascertain if they contain any of the 3 articles or pests enumerated in this chapter. No 4 baggage or other personal effects of the S passengers or crew members shall be released 6 until the baggage or effects have been passed. 7 Baggage or cargo inspection shall be made at the 8 discretion of the inspector, on the pier, vessel, or 9 aircraft or in any quarantine or inspection area. 10 Whenever the inspector has good cause to believe 11 that the provisions of this chapter are being 12 violated, the inspector may require that any box, 13 package, suitcase, or any other container carried as 14 ship's stores, cargo, or otherwise by any vessel or 15 aircraft moving between the continental United States 16 and Hawaii or between the Hawaiian Islands, be opened 17 for inspection to determine whether any article or 18 pest prohibited by this chapter or by rules adopted 19 pursuant thereto is present. It is a violation of 20 this section if any prohibited article or any pest or 21 any plant, fruit, or vegetable infested with plant 22 pests is found; HB174 Hb2I HMS 2ff �j[{{ 2013-2148 II ! Page 11 H . B. N 74 1 .D .2 1 (6) Request for importation and inspection. In addition 2 to requirements of the United States customs 3 authorities concerning invoices or other formalities 4 incident to importations into the State, the importer 5 shall be required to file a written statement with the 6 department, signed by the importer or the importer's 7 agent, setting forth the importer's desire to import 8 certain of the above-mentioned articles into the state 9 and: 10 (A) Giving the following additional information: 11 (i) The kind (scientific name) , quantity, and 12 description; 13 (ii) The locality where same were grown or 14 produced; 15 (iii) Certification that all animals to be 16 imported are the progeny of captive 17 populations or have been held in captivity 18 for a period of one year immediately prior 19 to importation or have been specifically 20 approved for importation by the board; 21 (iv) Certification that all genetically 22 engineered produce intended for human HB174 HD2 HMS 2013-2148 Page H . B. * H. H.©. 2 1 consumption is properly labeled as 2 "genetically engineered" pursuant to section 3 328- , and that such produce is not 4 identified as an invasive or threatening 5 species by the invasive species council in 6 accordance with chapter 194; 7 [ (iv) ] (v) The port from which the same were last 8 shipped; 9 [ (v) ] (vi) The name of the shipper; and 10 [ (vi) ] (vii) The name of the consignee; and 11 (B) Containing; 12 (i) A request that the department, by its duly 13 authorized agent, examine the articles 14 described; 15 (ii) An agreement by the importer to be 16 responsible for all costs, charges, or 17 expenses; and 18 (iii) A waiver of all claims for damages incident 19 to the inspection or the fumigation, 20 disinfection, quarantine, or destruction of 21 the articles, or any of them, as hereinafter HB174 HD2 HMS_ 2013-2148 111 1 � 111.111 1� 11111 111l1 lI I Page 13 Hr3. Nom/ . FCD. 2 1 provided, if any treatment is deemed 2 necessary. 3 Failure or refusal to file a statement, including 4 the agreement and waiver, is a violation of this 5 section and may, in the discretion of the department, 6 be sufficient cause for refusing to permit the entry 7 of the articles into the State; 8 (7) Place of inspection. If, in the judgment of the 9 inspector, it is deemed necessary or advisable to move 10 any of the above-mentioned articles, or any portion 11 thereof, to a place more suitable for inspection than 12 the pier, airport, or any other place where they are 13 first received or discharged, the inspector is 14 authorized to do so. All costs and expenses incident 15 to the movement and transportation of the articles to 16 such place shall be borne by the importer or the 17 importer' s agent. If the importer, importer's agent, 18 or transportation company requests inspection of 19 sealed containers of the above-mentioned articles at 20 locations other than where the articles are first 21 received or discharged and the department determines 22 that inspection at such place is appropriate, the HB174 HD2 HMS 2013-2148 1H MII IpI 1:11111111111111111111 Page 14 H . B. NO 174 H.D. 2 1 - department may require payment of costs necessitated 2 by these inspections, including overtime costs; 3 (8) Disinfection or quarantine. If, upon inspection, any 4 article received or brought into the State for the 5 purpose of debarkation or entry therein is found to be 6 infested or infected or there is reasonable cause to 7 presume that it is infested or infected and the 8 infestation or infection can, in the judgment of the 9 inspector, be eradicated, a treatment shall be given 10 such article. The treatment shall be at the expense 11 of the owner or the owner' s agent, and the treatment 12 shall be as prescribed by the department. The article 13 shall be held in quarantine at the expense of the 14 owner or the owner's agent at a satisfactory place 15 approved by the department for a sufficient length of 16 time to determine that eradication has been 17 accomplished. If the infestation or infection is of 18 such nature or extent that it cannot be effectively 19 and completely eradicated, or if it is a potentially 20 destructive pest or it is not widespread in the State, 21 or after treatment it is determined that the 22 infestation or infection is not completely eradicated, HB174 HD2 HMS 2013-2148 1111111111111111111111011111111111111 Page 15 H . B . NO . 174 H.D. 2 1 or if the owner or the owner' s agent refuses to allow 2 the article to be treated or to be responsible for the 3 cost of treatment and quarantine, the article, or any 4 portion thereof, together with all packing and 5 containers, may, at the discretion of the inspector, 6 be destroyed or sent out of the State at the expense 7 of the owner or the owner' s agent. Such destruction 8 or exclusion shall not be made the basis of a claim 9 against the department or the inspector for damage or 10 loss incurred; 11 (9) Disposition. Upon completion of inspection, either at 12 the time of arrival or at any time thereafter should 13 any article be held tor inspection, treatment, or 14 quarantine, the inspector shall affix to the article 15 or the container or to the delivery order in a 16 conspicuous place thereon, a tag, label, or stamp to 17 indicate that the article has been inspected and 18 passed. This action shall constitute a permit to 19 bring the article into the State; and 20 (10) Ports of entry. None of the articles mentioned in 21 this section shall be allowed entry into the State HB174 HD2 HMS 2013-2148 11111111110011111111111111111 Page 18 H . B. NO. 74 1 except through the airports and seaports in the State 2 designated and approved by the board. " 3 SECTION 3 . Section 150A-6.1, Hawaii Revised Statutes, is 4 amended to read as follows: 5 "S150A-6.1 Plant import. (a) The board shall maintain a 6 list of restricted plants that require a permit for entry into 7 the State. Restricted plants or any portion thereof shall not 8 be imported into the State without a permit issued pursuant to 9 rules . 10 (b) The department shall designate, by rule, as restricted 11 plants, specific plants that may be detrimental or potentially 12 harmful to agriculture, horticulture, the environment, or animal 13 or public health, or that spread or may be likely to spread an 14 infestation or infection of an insect, pest, or disease that is 15 detrimental or potentially hazuuful to agriculture, horticulture, 16 the environment, or animal or public health. In addition, plant 17 species designated by rule as noxious weeds are designated as 18 restricted plants . 19 (c) The department may regulate or prohibit the sale of 20 specific plants on the list of restricted plants by rule. 21 (d) Noxious weeds may be imported only for research, by 22 permit, and shall not be offered for sale or sold in the State. HB174 HD2 HMS 2013-2148 Page 17 Ni H.D. 2 1 (e) No person shall import, offer for sale, or sell within 2 the State any plant or propagative portion of Salvinia molesta 3 or Salvinia minima and Pistia stratiotes. 4 (f) No person shall import, offer for sale, or sell within 5 the State any plant, or the produce or any portion of a plant, 6 that constitutes genetically modified produce in violation of 7 section 328- . " 8 PART II 9 SECTION 4 . The purpose of this part is to authorize the 10 labeling of qualified food sold at retail as "not genetically 11 engineered" or "does not include a genetically engineered 12 ingredient" . 13 The legislature intends that any interested person or 14 public agency have the authority to seek an injunction to 15 prevent or terminate a violation of this part. 16 SECTION 5 . The Hawaii Revised Statutes is amended by 17 adding a new chapter to be appropriately designated and to read 18 as follows : 19 "CHAPTER 20 LABELING OF NON-GENETICALLY ENGINEERED FOOD 21 S -A, Definitions. For the purpose of this chapter: 22 "Food" has the same meaning as defined under section 328-1. HB174 HD2 HMS 2013-2148 1 IIII111[ I IQf :I] I QII Q[1Fi'II II Page H . B.• w e�r 174 'V H.D. 2 1 "Genetically engineered" means food or an ingredient 2 produced from an organism in which the genetic material has been 3 changed through the application of: 4 (1) In vitro nucleic acid techniques, including 5 recombinant deoxyribonucleic acid or ribonucleic acid 6 techniques that use vector systems; techniques 7 involving the direct introduction into the organism of 8 hereditary materials prepared outside the organisms, 9 such as micro-injection, macro-injection, 10 chemoporation, electroporation, micro-encapsulation, 11 and liposome fusion; and the direct injection of 12 nucleic acid into cells or organelles; or 13 (2) Fusion of cells, including protoplast fusion, or 14 hybridization techniques that overcome natural 15 physiological, reproductive, or recombination 16 barriers, where the donor cells/protoplasts do not 17 fall within the same taxonomic family, in a way that 18 does not occur by natural multiplication or natural 19 recombination. 20 "Label" means the same as defined under section 328-2 . 21 "Organism" means any biological entity capable of 22 replication, reproduction, or transferring genetic material . HB174 HD2 HMS 2013-2148 I11 W I QMINMEIBEREI Page i9 H . B. NO. H.D. 2 1 § -B "Not genetically engineered" or "does not include a 2 genetically engineered ingredient" food; permitted labeling. 3 (a) Food offered for retail sale may have a label stating that 4 the food is "not genetically engineered" or "does not include a 5 genetically engineered ingredient" if the statement is true. 6 (b) The food label authorized by this section shall be 7 displayed in accordance with section 328-8 . 8 (c) Food offered for retail sale with a label falsely 9 stating that the food is "not genetically engineered" or "does 10 not include a genetically engineered ingredient" shall be a 11 violation of this section. 12 5 -C Injunctive relief. (a) Any person or public 13 agency may bring a civil action in any circuit court of 14 competent jurisdiction for injunctive relief to prevent or 15 terminate any violation of section -B. 16 (b) The circuit court, in its discretion, may award, to a 17 prevailing person or public agency, reasonable attorney' s fees 18 and costs for investigating and prosecuting the action. " 19 PART III 20 SECTION 6 . If any provision of this Act, or the 21 application thereof to any person or circumstance, is held 22 invalid, the invalidity does not affect other provisions or HB174 HD2 HMS 2013-2148 I1I11111I191,II II111311E 111111 IE!I11I I Page HB. N i74 1 applications of the Act that can be given effect without the 2 invalid provision or application, and to this end the provisions 3 of this Act are severable. 4 SECTION 7 . In codifying the new sections added by section 5 5 of this Act, the revisor of statutes shall substitute 6 appropriate section numbers for the letters used in designating 7 the new sections in this Act. 8 SECTION 8 . Statutory material to be repealed is bracketed 9 and stricken. New statutory material is underscored. 10 SECTION 9 . This Act shall take effect on July 1, 2112 . HB174 HD2 HMS 2013-2148 1111.111110 111 111111 111111011 H . B . NC). 74. 2 Report Title: Genetically Engineered Organisms; Produce; Labeling; Import Description: Imposes labeling requirements and import restrictions on imported genetically engineered produce. Authorizes labeling of non-genetically engineered food and creates a private right of action to enjoin violations. Effective July 1, 2112 . (HB174 HD2) The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent. • • HB174 HD2 HMS 2013-2148 lllJ� l � l�l�[lidl��9�II��If��IlfCl���l��6��