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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