Thursday, June 20, 2013

(PNN) HOOSER BILL PROPOSES GMO MORETORIUM AND PROHIBIT OPEN AIR TESTING OF EXPERIMENTAL PESTICIDES.

HOOSER BILL PROPOSES GMO MORETORIUM AND PROHIBIT OPEN AIR TESTING OF EXPERIMENTAL PESTICIDES.

(PNN) Kaua`i County Councilmembers Gary Hooser and Tim Bynum will introduce a bill next Wednesday calling for a temporary moratorium on the experimental use and commercial production of genetically modified organisms until such time as the County of Kaua‘i has conducted a complete Environmental Impact Statement (EIS) on the health, environmental, and other effects of the production, propagation, or development of genetically modified organisms within the County.

In addition Bill 2491 would prohibit the open air testing of experimental GMOs during the moratorium, calls for mandatory disclosure of pesticide and genetically modified organisms (GMOs) and sets up pesticide buffer zones.

The bill will introduced at the Kaua`i County Council meeting next Wednesday June 26 sometime after 9 a.m. Public Testimony will be taken and may be presented at the beginning of the meeting and also when it comes up on the agenda later in the day. Those who testify at 9 a.m. will not be permitted to testify again later according to council rules.

The following are some excerpts from proposed Draft Bill (No. 2491), a bill for an ordinance to amend the Kaua'i county code 1987, as amended, by adding a new Article 22 to chapter 22, relating to pesticides and Genetically modified organisms. Further restrictions and definitions apply.
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The purpose of this Article is to establish provisions to inform the public, and protect the public from any direct, indirect, or cumulative negative impacts on the health and the natural environment of the people and place of the County of Kaua‘i, by governing the use of pesticides and genetically modified organisms, and the penalties associated with any violation of this Article, or the laws, rules, or any other requirement that may be authorized by this Article...

Sec. 22-22.4 Mandatory Disclosure of Pesticides, and Genetically Modified Organisms.
(a) It shall be mandatory for all commercial agricultural entities that annually purchase or use in excess of five (5) pounds or fifteen (15) gallons of restricted use pesticides, any amount of any experimental pesticides, or both, during any calendar year to disclose the use of all pesticides (restricted use, general use, and experimental) during that same calendar year....

Sec. 22-22.5 Pesticide Buffer Zones.
(a) Effective January 1, 2014 it shall be mandatory for all commercial agricultural entities that annually purchase or use in excess of five (5) pounds or fifteen (15) gallons of restricted use pesticides, any amount of any experimental pesticides, or both, during any calendar year to restrict the application of all pesticides (restricted use, general use, and experimental) in the (certain defined) areas...

Sec. 22-22.6 Prohibition of Open Air Testing of Experimental Pesticides.
(a) Effective January 1, 2014, it shall be unlawful to test or use any experimental pesticide, except for those fully contained within a laboratory, contained greenhouse, fermenter, or other contained structure...

Sec. 22-22.7 Moratorium.
(a) There shall be a temporary moratorium on the experimental use and commercial production of genetically modified organisms until such time as the County of Kaua‘i has conducted a complete Environmental Impact Statement (EIS) on the health, environmental, and other effects of the production, propagation, or development of genetically modified organisms within the County. The moratorium will further continue until the County has developed and put into place a permitting process sufficient to protect the residents and environment of the County of Kaua‘i from any significant effects that may be identified in the Environmental Impact Statement...

Sec. 22-22.8 Environmental Impact Statement; Administration.
(a) The County of Kaua‘i shall complete an Environmental Impact Statement in order to determine and evaluate significant effects of the production, propagation, or development of genetically modified organisms within the County of Kaua‘i, and the use of all pesticides (restricted use, general use, and experimental) associated with the production, propagation, or development of genetically modified organisms within the County of Kaua‘i...

Sec. 22-22.9 Permitting.
(a) The Department shall develop and implement a permitting process that shall apply to all commercial agricultural entities that intentionally or knowingly possess genetically modified organisms. The permitting process shall include, but not be limited to, provisions that facilitate the elimination or mitigation of significant effects identified in the Environmental Impact Statement referred to in Section 22-22.8 of this Article...

Sec. 22-22.10 Prohibition of Open Air Testing of Experimental Genetically Modified Organisms.
(a) Effective January 1, 2014 and continuing during the moratorium period, it shall be unlawful to test or use any experimental genetically modified organism, except for those fully contained within a laboratory, contained greenhouse, fermenter, or other contained structure...

Sec. 22-22.11 Penalties.
(a) Any person, firm, or corporation, whether as principal, agent, employee, or otherwise, violating or causing or permitting the violation of any of the provisions of this Article, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than one-thousand dollars ($1,000.00), or imprisoned not more than one (1) year, or both, for each offense. The continuance of any violation after conviction shall be deemed a new criminal offense for each day that the violation or violations continue.

(b) In addition to any penalty described in Subsection 22-22.11(a), any person, firm, or corporation, whether as principal, agent, employee, or otherwise, violating, causing, or permitting the violation of any of the provisions of this Article, shall be assessed a civil fine of $10,000-$25,000 per day, per violation.

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