HomeMy WebLinkAboutRES 139 Draft 01 2010-2012 O - 7
COUNTY OF HAWAII •_ STATE OF HAWAII
7TE OF.NF'.1
RESOLUTION NO. 139 :11
A RESOLUTION REQUESTING THE INCLUSION IN THE 2012 HAWAII STATE
ASSOCIATION OF COUNTIES LEGISLATIVE PACKAGE A PROPOSED STATE
BILL RELATING TO THE LABELING OF GENETICALLY ENGINEERED CROPS
WHEREAS,there has been rapid growth of genetically engineered food production
throughout the nation and in the State of Hawai'i; and
WHEREAS,the effects of consuming genetically engineered foods are unclear, and
without mandatory labeling requirements of those foods, consumers may unknowingly be putting
their health at risk; and
WHEREAS, there is an ethical and moral obligation to provide accurate information in
order for consumers to make an informed choice on whether or not to purchase and consume
genetically engineered foods; and
WHEREAS, the County of Hawaii passed Resolution 220, Draft 3 in 2009 urging the
Congress to require labeling of all genetically engineered food products in the United States; and
WHEREAS, enactment of State legislation requiring the labeling of genetically
engineered whole food products would meet the demand of Hawai`i's residents for a better
informed choice concerning the foods they consume without bias towards the advantages or
disadvantages of genetically engineered whole food products; and
WHEREAS,the Hawaii County Council recognizes its responsibilities to be more pro-
active in this critical policy area, now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the
proposed State bill, attached as Exhibit"A",relating to the labeling of genetically engineered
crops, be considered for inclusion in the 2012 Hawaii State Association of Counties Legislative
Package.
BE IT FINALLY RESOLVED that the County Clerk shall forward copies of this
resolution to the Honorable Mayor William P. Kenoi, and to the Hawai`i State Association of
Counties' Executive Committee.
Dated at
Kona, Hawai`i, this 21st day of September
INTRODUCED BY:
, 2011.
COUNCIL MEMBER, COUNT
COUNTY COUNCIL
County of Hawai`i
Hilo, Hawai`i
I hereby certify that the foregoing RESOLUTION was by
the vote indicated to the right hereof adopted by the COUNCIL of the
(aunty of Hawaii on September 21, 2011
ATTEST:
COUNTY CLERK CHAIRPERSON & PRESID PFII
COUNTY CLERK CHAIRPERSON & PRESID G FFICER
2
ROLL CALL VOTE
Reference:
C- 344 /Waived GRC
RESOLUTION NO.
139 11
AYES
NOES
ABS
EX
BLAS
X
FORD
X
HOFFMANN
X
IKEDA
X
ONISHI
X
PILAGO
X
SMART
X
YAGONG
X
YOSHIMOTO
X
8
0
1
0
Reference:
C- 344 /Waived GRC
RESOLUTION NO.
139 11
. B . NO .
A BILL FOR AN ACT
RELATING TO THE LABELING OF GENETICALLY ENGINEERED CROPS .
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1 SECTION 1 . The legislature finds that polls consistently
2 demonstrate that seventy-two to ninety-four per cent of United
3 States citizens support labeling of genetically engineered foods,
4 and a poll conducted by the University of Hawaii ' s college of
5 tropical agriculture and human resources shows that seventy-two
6 per cent of Hawaii ' s residents feel that it is very important that
7 genetically modified fruit be labeled. Numerous nations, including
8 countries of the European Union, Japan, and China, require
9 labeling of genetically engineered foods .
10 The legislature further finds that the Hawaiian Islands
11 represent a unique and fragile ecosystem, with over three hundred
12 threatened or endangered species . The State of Hawaii has a
13 national reputation for producing high-quality foods and
14 maintaining a pure and preserved natural environment; the State ' s
15 unique agricultural heritage and vitality in its tourism industry
16 rely upon this reputation.
17 Genetically engineered crops in the United States have
18 contaminated conventional and organic crops of the same species
19 via pollen or seed dispersal . Contamination episodes may cause
20 economic losses to farmers, food companies, and other entities
21 through reduced crop prices, product recalls, and export market
22 rejection.
23 Mandatory labeling of genetically engineered whole foods :
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1 (1) Would meet the demand of Hawaii ' s residents for
2 informed choice concerning the foods they consume;
3 (2) Would provide the basis for limiting dispersal of
4 seeds from genetically engineered whole foods into the
5 agricultural landscape and environment, thus
6 mitigating the adverse environmental, agricultural,
7 and economic impacts accompanying genetically
8 engineered crop contamination episodes; and
9 (3) Could be implemented at a minimal cost to both food
10 producers and the government :
11 The purpose of this Act is to require the labeling of any
12 genetically engineered whole food that is sold in the State and
13 intended for human consumption in the State.
14 SECTION 2 . Section 328-1, Hawaii Revised Statutes, is
15 amended by adding three new definitions to be appropriately
16 inserted and to read as follows :
17 ""Genetically engineered food crop" means a plant in which
18 the genetic material has been changed through modern
19 biotechnology in a way that does not occur naturally by
20 multiplication or natural recombination, or both.
21 "Genetically engineered whole food" means any genetically
22 engineered food crop in its raw or natural state, including all
23 fruits that are washed, colored, or otherwise treated in their
24 unpeeled natural form prior to marketing.
25 "Modern biotechnology" means the application of in vitro
26 nucleic acid techniques, including recombinant deoxyribonucleic
27 acid and direct injection of nucleic acid into cells or
28 organelles . This also includes the fusion of cells (including
29 protoplast fusion) or hybridization techniques beyond the
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1 taxonomic family that overcome natural physiological,
2 reproductive, or recombination barriers and that are not
3 techniques used in traditional breeding and selection. These
4 include but are not limited to recombinant deoxyribonucleic acid
5 techniques that use vector systems and techniques involving the
6 direct introduction into the organism of hereditary materials
7 prepared outside the organism such as micro-injection, macro-
8 injection, chemoporation, electroporation, micro-encapsulation
9 and liposome fusion. "
10 SECTION 3 . Section 328-6, Hawaii Revised Statutes, is
11 amended to read as follows :
12 "§328-6 Prohibited acts . The following acts and the
13 causing thereof within the State by any person are prohibited:
14 (1) The manufacture, sale, delivery, holding, or offering
15 for sale of any food, drug, device, or cosmetic that
16 is adulterated or misbranded;
17 (2) The adulteration or misbranding of any food, drug,
18 device, or cosmetic;
19 (3) The receipt in commerce of any food, drug, device, or
20 cosmetic that is adulterated or misbranded, and the
21 delivery or proffered delivery thereof for pay or
22 otherwise;
23 (4 ) The sale, delivery for sale, holding for sale, or
24 offering for sale of any article in violation of
25 section 328-11, 328-12, or 328-17 ;
26 (5) The dissemination of any false advertisement;
27 (6) The refusal to permit entry or inspection, or to
28 permit the taking of a sample, as authorized by
29 sections 328-22 and 328-23 to 328-27, or to permit
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1 access to or copying of any record as authorized by
2 section 328-23;
3 (7) The giving of a guaranty or undertaking, which
4 guaranty or undertaking is false, except by a person
5 who relied on a guaranty or undertaking to the same
6 effect signed by, and containing the name and address
7 of the person residing in the State from whom the
8 person received in good faith the food, drug, device,
9 or cosmetic;
10 (8) The removal or disposal of a detained or embargoed
11 article in violation of sections 328-25 to 328-27;
12 ( 9) The alteration, mutilation, destruction, obliteration,
13 or removal of the whole or any part of the labeling
14 of I or the doing of any other act with respect to a
15 food, drug, device, or cosmetic, if the act is done
16 while the article is held for sale and results in the
17 article being adulterated or misbranded;
18 (10) Forging, counterfeiting, simulating, or falsely
19 representing, or without proper authority using any
20 mark, stamp, tag, label, or other identification
21 device authorized or required by rules adopted under
22 this part or regulations adopted under the Federal
23 Act;
24 (11) The use, on the labeling of any drug or in any
25 advertisement relating to the drug, of any
26 representation or suggestion that an application with
27 respect to the drug is effective under section 328-17,
28 or that the drug complies with that section;
29 (12) The use by any person to the person ' s own advantage,
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1 or revealing other than to the department of health or
2 to the courts when relevant in any judicial proceeding
3 under this part, any information acquired under
4 authority of section 328-11, 328-12, 328-17, or
5 328-23, concerning any method or process which as a
6 trade secret is entitled to protection;
7 (13) In the case of a prescription drug distributed or
8 offered for sale in this State, the failure of the
9 manufacturer, packer, or distributor thereof to
10 maintain for transmittal, or to transmit, to any
11 practitioner who makes written request for information
12 as to the drug, true and correct copies of all printed
13 matter [whieh] that is required to be included in any
14 package in which that drug is distributed or sold, or
15 [ ] other printed matter as is approved under the
16 Federal Act . Nothing in this paragraph shall be
17 construed to exempt any person from any labeling
18 requirement imposed by or under other provisions of
19 this part;
20 (14 ) (A) Placing or causing to be placed upon any drug or
21 device or container thereof, with intent to
22 defraud, the trade name or other identifying
23 mark, or imprint of another or any likeness of
24 any of the foregoing; or
25 (B) Selling, dispensing, disposing of, or causing to
26 be sold, dispensed, or disposed of, or concealing
27 or keeping in possession, control, or custody,
28 with intent to sell, dispense, or dispose of, any
29 drug, device, or any container thereof, with
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1 knowledge that the trade name or other
2 identifying mark or imprint of another or any
3 likeness of any of the foregoing has been placed
4 thereon in a manner prohibited by subparagraph
5 (A) ; or
6 (C) Making, selling, disposing of, or causing to be
7 made, sold, or disposed of, or keeping in
8 possession, control, or custody, or concealing,
9 with intent to defraud, any punch, die, plate, or
10 other thing designed to print, imprint, or
11 reproduce that trade name or other identifying
12 mark or imprint of another or any likeness of any
13 of the foregoing upon any drug, device, or
14 container thereof;
15 (15) Except as provided in part VI and section 461-1,
16 dispensing or causing to be dispensed a different drug
17 or brand of drug in place of the drug or brand of drug
18 ordered or prescribed without express permission in
19 each case of the person ordering or prescribing;
20 (16) The distribution in commerce of a consumer commodity
21 as defined in this part, if [sue] the commodity is
22 contained in a package, or if there is affixed to that
23 commodity a label, which does not conform to this part
24 and of rules adopted under authority of this part;
25 provided that this prohibition shall not apply to
26 persons engaged in business as wholesale or retail
27 distributors of consumer commodities except to the
28 extent that [snieh] the persons :
29 (A) Are engaged in the packaging or labeling of
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1 [ ] the commodities; or
2 (B) Prescribe or specify by any means the manner in
3 which [sideh] the commodities are packaged or
4 labeled;
5 (17 ) The selling or dispensing in restaurants, soda
6 fountains, drive-ins, lunch wagons, or similar public
7 eating establishments of imitation milk and imitation
8 milk products in place of fresh milk and fresh milk
9 products respectively; of liquid or dry products
10 [whie-h] that simulate cream but do not comply with
11 content requirements for cream in place of cream; of
12 non-dairy frozen desserts [fir] that do not comply
13 with content requirements for dairy frozen desserts in
14 place of dairy frozen desserts; and of any other
15 imitation food or one made in semblance of a genuine
16 food in place of [sue] the genuine food, unless the
17 consumer is notified by either proper labeling or
18 conspicuous posted signs or conspicuous notices on
19 menu cards and advertisements informing of [siieh] the
20 substitution, to include but not be limited to the
21 substitution of imitation milk in milk shake and
22 malted milk drinks;
23 (18 ) Willfully and falsely representing or using any
24 devices, substances, methods, or treatment as
25 effective in the diagnosis, cure, mitigation,
26 treatment, or alleviation of cancer. This paragraph
27 shall not apply to any person who depends exclusively
28 upon prayer for healing in accordance with teachings
29 of a bona fide religious sect, denomination, or
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1 organization, nor to a person who practices such
2 teachings;
3 (19) The selling or offering for sale at any food facility
4 which serves or sells over the counter directly to the
5 consumer an unlabeled or unpackaged food that is a
6 confectionery which contains alcohol in excess of one
7 half of one per cent by weight unless the consumer is
8 notified of that fact by either proper labeling or
9 conspicuous posted signs or conspicuous notices on
10 menu cards and advertisements;
11 (20) The sale to a person below the age of twenty-one years
12 of any food [whdmeh] that is a confectionery [
13 e ] containing alcohol in excess of one-half of
14 one per cent by weight [ ... ] ; and
15 (21) The sale, offering for sale, or distribution of any
16 farm product grown in Hawaii that :
17 (A) Is a genetically engineered whole food;
18 (B) Is intended for human consumption in the State;
19 And
20 (c) Does not have affixed to the product a
21 conspicuous label bearing the notice :
22 "GENETICALLY ENGINEERED"
23 For the purposes of this paragraph, "farm product"
24 includes every agricultural, horticultural,
25 viticultural, or vegetable product of the soil, honey
26 and beeswax, oilseeds, poultry, poultry product,
27 livestock product . and livestock for immediate
28 slaughter. The term does not include timber or
29 any timber product, milk or any milk product, any
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1 aquacultural product, or cattle sold to any person who
2 is bonded under the federal Packers and Stockyards Act
3 of 1921 (7 U. S . C. 181, et sea.
4
5 SECTION 4 . Statutory o be deleted is bracketed and in
6 strikethrough. New statutory material is underscored.
7 SECTION 5 . This Act shall take effect upon its approval .
8
9 INTRODUCED BY:
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