COM 0393.051 2012-2014 - Laserfiche WebLink

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September 20, 2013 Page 4 of 4 (2) Any person engaged in the open air cultivation, propagation, or development of genetically engineered papaya, whether prior or subsequent to the effective date of this article, provided that each location or facility wherein open air cultivation, propagation, or development o f genetically engineered p apaya occurs or will occur is registered as provided in this article. Notwithstanding any other provision of law, these exemptions shall not allow for open air testing of genetically engineered organisms of any kind. Section 14- . Registration. (a) All persons engaged in any form of cultivation, propagation, development, or indoor testing of genetically engineered crops or plants of any kind shall register annually beginning within ninety days of the effective date of this article, and shall pay an annual registration fee of $100 per location, payable to the director of finance. All contiguous land shall be treated as a single location. The director of the department of research and development, or the director's authorized representative(s), shall administer the registration provision of this section. (b) All persons engaged in non-commercial cultivation or propagation of genetically engineered papaya, in any stage or form, shall be exempt from this section. This registration exemption does not exempt persons engaged in research, development, or testing of genetically engineered papaya. Section 14-_ Penalties. Any person who knowingly violates this article shall be fined $1,000 per day as a separate violation for each location in violation and shall be responsible for all costs of investigation, as well as for court and legal costs, including attorneys and witness fees and expenses, and for resulting damages to other non-genetically engineered crops, plants, neighboring properties, or water sources. Section 14 . Remedy. The County or any person adversely affected by a violation of this article may enforce this article by filing a civil action in the Third Circuit Court of the County of Hawai`i. The provisions of this article are cumulative, and nothing in this article affects any other remedies, including for public nuisance or injunctive relief, any individual or government entity may have against any person resulting from a violation of this article." SECTION 3. If any provision of this ordinance, or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are declared to be severable. SECTION 4. This ordinance shall take effect upon approval." MW/dh att