GMO coffee moratorium – HB 1577

House Bill 1577 to legislate a five-year moratorium on GMO coffee

Report Title:
Genetically Modified Coffee; Prohibition

Description:
Temporarily prohibits the growing of genetically modified coffee.  Allows research on genetically modified coffee in environmentally secure facilities.

HOUSE OF REPRESENTATIVES

H.B. NO. 1577

TWENTY-FOURTH LEGISLATURE, 2007

H.D. 1

STATE OF HAWAII

A BILL FOR AN ACT

relating to genetically modified coffee.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1.  The legislature finds that the Kona coffee industry contributes significantly to the economic and cultural vitality of Hawaii and that there is a desire to maintain the unique brand identity and market price of Kona coffee.

The legislature further finds that there are concerns that the high market price and the niche that the Kona coffee industry enjoys will be eroded if it continues to be legal to modify coffee genetically.

The purpose of this Act is to prohibit the introduction of genetically modified coffee in the Hawaii market and at the same time, permit research on genetically modified coffee in an environmentally secure facility.

SECTION 2.  Title 11, Hawaii Revised Statutes, is amended by adding a new chapter to be appropriately designated and to read as follows:

“CHAPTER

GENETICALLY MODIFIED COFFEE

§   -1  Genetically modified coffee; moratorium.  (a)  Except as provided in subsection (b), no genetically modified coffee shall be tested, propagated, cultivated, raised, or grown in the State.

(b)  A person may conduct research on genetically modified coffee in an environmentally secure facility.

(c)  The department of agriculture shall adopt rules under chapter 91 to implement this section.

(d)  As used in this chapter:

“Environmentally secure facility” means an enclosed facility, such as a laboratory or greenhouse, in which precautions exist to prevent the exchange of genetic material between genetically modified coffee and non-genetically modified coffee.

“Genetically modified” means alterations to a life form or its living progeny at the nucleic acid level, using the techniques collectively referred to as recombinant DNA technology.

“Person” means an individual, corporation, partnership, limited liability company, or any other legal entity.

“Recombinant DNA technology” 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 material or an organism developed exclusively through traditional methods of breeding, hybridization, or nondirected mutagenesis.

(e)  This section shall be repealed on June 30, 2012.”

SECTION 3.  This Act shall take effect on July 1, 2007.