SENATE BILL REPORT

SB 5448

BYSenator Talmadge

Regulating the release and use of genetically engineered organisms in the environment.

Senate Committee on Agriculture

Senate Hearing Date(s):February 9, 1989

Senate Staff:John Stuhlmiller (786-7446)

AS OF FEBRUARY 10, 1989

BACKGROUND:

Recent advances in genetic engineering, especially at Washington State University on wheat take-all disease, have raised some public uncertainty and concern regarding the regulation of genetically modified organisms.

The Department of Agriculture has the authority to regulate the use of pesticides and fertilizers, and used this authority to authorize the joint WSU/Monsanto take-all project.  Upon re- examination of the department's authority to regulate genetically engineered organisms, the department believes that it needs more specific authority in this area.

SUMMARY:

The release, importation or distribution of any genetically engineered organism is illegal unless the Department of Agriculture is given advance notice.  The specific notification requirements for a proposed release, importation or distribution are established.  Upon notification, the department shall review the submitted data, provide for public hearing and comment and offer its determination within 120 days of application, or the release may proceed.  The department may renew the process for an additional 120 days, if written notice is given to the applicant.

The department shall notify local jurisdictions 60 days prior to any release of genetically engineered organisms, and shall hold a public hearing if requested by the local jurisdiction or ten or more citizens in a local jurisdiction.  At least 20 days notice of a hearing shall be provided except in emergency circumstances.

In the event of an accidental release, the department must be notified by the person responsible for the release within 72 hours.  Where federal application or notification is required, copies of the notification shall be provided to the department.

Genetically engineered organisms are defined to mean the genetic modification by recombinant DNA techniques of any entity characterized as living, including vertebrate and invertebrate animals, plants, bacteria, fungi, mycoplasmas, mycoplasma-like organisms, viroids, viruses, and related living entities.

The Biotechnology Advisory Committee is created, consisting of:  the director or designee of the Departments of Agriculture, Ecology and Social and Health Services; a representative of the University of Washington; a representative of Washington State University; a representative of local government; two representatives of the commercial biotechnology industry; and two representatives of the general public.

Within 18 months of the appointment of its members, the committee shall report its findings to the Governor and the Legislature.  The report shall include the potential impact of the release of genetically engineered organisms on public health, safety, and the environment, the adequacy of federal laws, and any recommendations for new state laws or rules.  Beginning in July of 1991, the committee shall submit a biennial report to the Governor and Legislature concerning its activities and any progress in the industry.

Failure to comply with this chapter is punishable by a civil penalty of up to $10,000 as determined by the director.

An appropriation of $197,000 is made from the general fund to the department for purposes of this act.

The Biotechnology Advisory Committee is terminated on June 30, 1995.

Appropriation:    $197,000 from the general fund

Revenue:    none

Fiscal Note:      available