HomeMy WebLinkAboutBIL 361 Draft 02 2006-2008COUNTY OF HAWAII
ORDINANCE NO.
STATE OF HAWAII
BILL NO. 351
(nr~-r z )
AN ORDINANCE AMENDING CHAPTER 14, GENERAL WELFARE, HAWAII
COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO THE
RESTRICTION OF GENETICALLY ENGINEERED TARO (KALO) AND COFFEE.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION I. 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- Puraose.
The purpose of this article is to protect the taro (kalo) and coffee industry from
Qenetic engineering and preserve agriculturally-based practices and cultural traditions
associated with taro (kalo) and coffee within the County of Hawaii.
Section 14- .Definitions.
As used in this article, unless the context clearly requires otherwise:
"Genetic engineering" means a process or technology employed whereby the
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 corporations or any officer, anent, employee
factor, or any other personal representative thereof, in any capacity, acting either for
himself or for any other person, under personal appointment or pursuant to law.
"Recombinant DNA" means the transfer of genes, regulatory 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 genes
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 enesis.
"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 (transgenic) taro (kalo), unlawful.
It shall be unlawful for any person to test, propagate, cultivate, raise, plant grow
introduce or release genetically engineered (transgenicl or recombinant DNA taro (kalo)
Sectionl4- .Genetically engineered (transgenic) coffee, unlawful.
It shall be unlawful to test, propagate, cultivate, raise, plant, grow, introduce or
release genetically engineered (transgenic) or recombinant DNA coffee.
Section 14- .Penalty.
Any person violating andprovision of this article shall be gu, ilty of a violation,
and upon conviction thereof, shall be sentenced by a fine not exceedin $g_ 1,000.
Section 14- Iniunctiye relief.
Proceedin sg for injunctive relief in a court of competent jurisdiction may be heard
for~otential 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.
INTRODUCED BY:
COUNCIL BER, COUNTY HAWAII
Hawaii
Date of Introduction:
Date of 151 Reading:
Date of 2"d Reading:
Effective Date:
REFERENCES Comm. 1424.44