BIL 113 Draft 01 2012-2014 - Laserfiche WebLink

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(2) The Hawaii State Constitution, Article XI, Section 9 "Environmental Rights," which states: "Each person has the right to a clean and healthful environment, as defined by laws relating to environmental quality, including control of pollution and conservation, protection and enhancement of natural resources. Any person may enforce this right against any party, public or private, through appropriate legal proceedings, subject to reasonable limitations and regulation as provided by law." This ordinance specifically exempts the cultivation, development, and propagation of genetically engineered papaya from prohibition because the genetic modification of papaya over the past decade has become so pervasive across this island that restricting cultivation of genetically engineered papaya would be near impossible at this time, the likelihood of genetically engineered cross pollination of papaya is reduced given the customary controlled manner of propagation, and in light of the substantial investment in controlled testing of this one crop over the past decade as the means of choice to address certain papaya diseases. SECTION 2. Chapter 14 of the Hawaii County Code 1983 (2005 Edition, as amended) is amended by adding a new article to be appropriately designated and to read as follows: "Article_. Protecting Hawaii Island's Agricultural Heritage and Its Ecosystems from Harm from Genetically Engineered Organisms. Section 14-_. Purpose. The purpose of this article is to protect Hawaii Island's non-genetically modified agricultural crops and plants from genetically modified organism cross pollination and to preserve Hawaii Island's unique and vulnerable ecosystem while promoting the cultural heritage of indigenous agricultural practices. Section 14-_ Definitions. As used in this article, unless otherwise specified: "Genetically engineered" means an organism or microorganism whose genetic material has been altered by transgenetic manipulation. Such organisms are sometimes referred to as "genetically modified organisms" or "transgenic organisms." Genetically engineered or genetically modified crops and plants include crops and plants for human consumption or for any other purpose. "Open air" means a location or facility that is not enclosed in a greenhouse or in another completely enclosed structure. "Person" includes natural persons, partnerships, joint ventures, societies, associations, clubs, trustees, trusts, or corporations or any officer, agent, employee, or any other personal representative thereof, in any capacity, acting either for himself, his heirs, or for any other person under personal appointment pursuant to law. 2