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(4) The United Nations Biosafety Protocol, with 85 signatory nations, became international <br />law on September 11, 2003. This protocol, not signed by the United States, regulates the <br />transboundary movement of transgenic organisms. At the core of this Protocol is the <br />"Precautionary Principle," which requires that when a new technology poses threats of <br />damage to human or environmental health, the burden of proof is on the promoter of the <br />technology to prove scientifically that the technology is safe, not on the public or <br />governments to prove that the technology is unsafe. The Council chooses, by way of this <br />ordinance, to implement the Precautionary Principle regarding the introduction of <br />transgenic technologies into our farms and environment; <br />(5) The Council believes that unless a particular agricultural product is shown to be in <br />imminent danger of extinction without gene interference, that our natural produce and <br />environment should be supported and conserved; <br />(6) The Council believes that whereas the government is generally responsive to acute <br />problems, we must be mindful as leaders in our community to also be on guard against the <br />cumulative negative impact of the overall increase in toxins on ourselves, our children, and <br />on future generations, that may well have a long-term impact on the health of our people <br />and our environment; <br />(7) The Council believes that pursuing this agricultural policy that promotes local non - <br />transgenic produce is consistent with the Hawaii County General Plan, which provides as <br />one of its economic goals (Economic policies 2.2(h)): "Promote and develop the island of <br />Hawaii into a unique scientific and cultural model, where economic gains are in balance <br />with social and physical amenities. Development should be reviewed on the basis of total <br />impact on the residents of the County, not only in terms of immediate short run economic <br />benefits."; <br />(8) The Council seeks to prevent national and international market losses for products from <br />Hawaii County's farms and fisheries, which would likely result from genetic <br />contamination by transgenic organisms of our fresh produce, fruit crops, wild caught fish, <br />and our value-added agricultural products such as coffee, kalo, juices and processed foods; <br />(9) The Council seeks to protect the right to farm, so that those farmers who choose to farm <br />without transgenic crop varieties can do so without having their crops and seed stocks <br />genetically contaminated by pollen or seed brought by wind, insects, birds, animals, water, <br />trucks or farm machinery from neighboring farms with transgenic varieties. If transgenic <br />varieties of crops are introduced into the County, those farmers who choose not to use <br />transgenic varieties will in time, very likely suffer genetic contamination of their crops and <br />seed stocks, and suffer loss of their markets for non -transgenic products. For the many <br />certified organic producers in the County, such contamination may result in a loss of <br />organic certification, and loss of premium sales for organic products. Given the high risk of <br />contamination by transgenic varieties on this island, time is of the essence in passage of <br />this general prohibition aimed at preventing agricultural and environmental contamination <br />from genetically modified (transgenic) organisms; <br />2 <br />