HomeMy WebLinkAboutBIL 361 Draft 01 2006-2008COUNTY OF HAWAII
STATE OF HAWAII
BILL NO. - 361
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 14, GENERAL WELFARE, HAWAII
COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO THE
RESTRICTION OF GENETICALLY ENGINEERED TARO (I{ALO) AND COFFEE.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Chapter 14, 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 .Genetically Engineered (Transgenic) Taro (kalo) and Coffee.
Section 14- .Purpose.
The purpose of this article is to protect the taro (kalo) and coffee industry from
genetic engineering and preserve agriculturally-based practices and cultural traditions
associated with tazo (kalo) and coffee within the County of Hawaii.
Section 14- .Definitions.
As used in this article, unless the context clearly requires otherwise:
"Genetic en ing eerin¢" means a process or technology employed whereby
hereditary apparatus of a living cell is altered, modified, or changed so that the cell can
produce more or different chemicals or perform completely new functions.
"Person" includes natural persons, partnerships, joint ventures, societies,
associations, clubs, trustees, trusts, or comorations or any officer, agent, employee,
"Recombinant DNA" means the transfer of genes, re ulatorv sequences, or
nucleic acid between hosts by the use of vectors or laboratory manipulations and includes
the insertion, excision, duplication, inactivation, or relocation of specific eenes,
regulatory sequences, or sections of nucleic acid. This term does not apply to a material
or an organism developed exclusively through traditional methods of breeding.
hybridization, or nondirected muta eg nesis.
"Release" means a discharge, emission or liberation of any genetically engineered
organisms, or the product of a genetically engineered organism, into the open
environment.
Section 14- .Genetically engineered (transeenic) taro (kalo), unlawful.
It shall be unlawful for any person to test, propagate, cultivate, raise, plant, rg ow,
introduce or release geneticallyengineered (transeenic) or recombinant DNA taro (kalo).
Sectionl4- .Genetically engineered (trans~enic) coffee, unlawful.
It shall be unlawful to test, propagate, cultivate, raise, plant, grow, introduce or
release genetically engineered (transgenicl or recombinant DNA coffee.
Section 14- .Genetic engineering facilities for taro (kalo) and coffee, prohibited.
It shall be unlawful for any person to locate or build a facility for the purpose of
testing, propagating, cultivatin , rg aising~planting~growing, introducing or releasing
geneticallyengineered or recombinant DNA taro~kalo) and coffee.
Section 14- .Penalty.
Any person violating any provision of this article shall be guilt~f a
misdemeanor and shall be fined not more than $1,000 or imprisoned for not more than
one year, or both, for each violation.
Section 14- .Applicability.
This article shall not be superseded b~~permit issued or use authorized by a
state or county a encv unless it is shown by such state or county a encv that proper
precautionaryprotocols have been taken.
Section 14- Injunctive relief.
Proceedin s for injunctive relief in a court of competent jurisdiction may be heard
for potential violations of this article."
SECTION 3. Severability. 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 without the invalid provision or application,
and to this end, the provisions of this ordinance are declared to be severable.
SECTION 4. Material to be repealed is bracketed and stricken. New material is
underscored. In printing this ordinance, the brackets, bracketed material, and underscoring need
not be included.
SECTION 5. This ordinance shall take effect upon its approval.
COUNTY,OiF HAWAII
Hawai `i
Date of Introduction:
Date of ls` Reading:
Date of 2"d Reading:
Effective Date:
REFERENCE, C.arnt: 1424/EMC