GMO Labeling Bill 11-339, Summary and Link to the Actual Text of the Bill

What's most compelling to me about the GMO Labeling Bill presented to the four counties: Oahu, Big Island, Kauai, and Maui, is not the bill itself but the citizen effort behind the bill. I'm humbled and inspired by people like Courtney Bruch who flew from Maui to Oahu to testify for this bill on 12/7/11, as well as all the other people working behind the scenes. Ramoda Prem Anand, a Maui citizen, authored the bill and many people were involved in getting it successfully passed by the county councils of Kauai, Maui and the Big Island. I realized as I was writing this post, that I actually hadn't seen the bill itself, so after digging around, found the actual wording of GMO labeling bill item 11-339. You have to scroll down to page 13 or so - it's the third item in the package, after the traffic and housing bills. (Later on, I realized this link was in Oahu council member Tom Berg's email.)


Note: this blog post has been culled and sifted from multiple online sources, and I have tried to include links to those sources. 


Goal: The plan was to bring the GMO labeling resolution, item 11-339, to all four counties to vote on whether to approve this bill for inclusion in the Hawaii State Association of Counties (HSAC) package of bills which would go straight to the state legislature in January.  The GMO labeling would not regulate field trials or the GMO industry but would disclose GMO food items for consumers in retail stores. The bill does not require restaurant food to be labeled. 


Results so far:
Maui County voted in support of the GMO labeling bill in October.
Kauai County voted in support of the GMO labeling bill on December 1^st.
On December 7^th, the Big Island, Hawaii County also voted in support of this GMO bill for inclusion in the HSAC package.
On December 7^th, the Honolulu City Council (the council for all of Oahu) voted to keep the GMO labeling bill out of the HSAC package, after a bit of drama.


Outcome and next steps:
The next plan is to introduce the GMO labeling bill directly to the state legislature. So more testimony, phone calls and emails will be asked for, probably in the next few weeks!


SO… what happened on Oahu?
On November 15^th, the members of the Safety, Economic Development and Government Affairs Committee proposed and unanimously passed an amendment to remove item 11-339, the GMO labeling resolution, from the HSAC package of bills.  From reading various online commentaries, it appears that Stanley Chang authored the 11/15 floor draft to remove the GMO labeling bill from the HSAC package, and that Nestor Garcia was the council member who introduced Chang’s floor draft.


The five members of the Oahu Council’s Safety, Economic Development and Government Affairs Committee are (confirmed by the Honolulu City Council website):
Tulsi Gabbard Tamayo Chair
Tom Berg Vice-chair
Stanley Chang
Breen Harimoto
Nestor Garcia


These five members did NOT represent the entire council, and their action compromised the efforts in the other counties. What allows five members of a nine–member council on one island to cast aside a bill that has been receiving support from the rest of the state? 


As of 11/15/11, Hawaii County had not voted on this bill, but on December 7^th, they also voted in favor of it.


A few notes about the members of this committee:

Nestor Garcia was the one who proposed the amendment to remove the bill. His district includes the Kunia agricultural area (Monsanto, Syngenta, Hawaii Crop Improvement Association).  Nestor Garcia is also executive director of the Kapolei Chamber of Commerce, where his $60,000/year salary is greater than his city council member salary. The Republican Party recently filed an ethics violation concerning Nestor Garcia. The rest of the city council is divided about his ethics. 

As chair of the committee, Tulsi Gabbard was also active in removing the GMO labeling bill, which other online commentators find ironic since her father Sen. Mike Gabbard is a vegetarian, ran a health food store in the 80s, and has actively campaigned for a GMO labeling bill. 

Council member Tom Berg is a Tea Party conservative who won with a small voter turnout. 

How the Council could have reinstated the bill back into the HSAC package:
To bring back the GMO bill to the HSAC package required a member to propose a floor draft. Council member Tom Berg, part of the original committee which voted down the bill, proposed a floor draft to reinstate the bill but needed a second council member to support it. His floor draft was apparently not the same as the original proposal, since he asked for GMO labeling through mandatory signage in stores, as opposed to labeling of food items.  

The council apparently only began to hear testimony at 4 pm, and no second council member supported Berg’s floor draft, Resolution 11-339, CD1, Proposed FD1 (TB). Source:http://www.hawaiipoliticalinfo.org/node/4702

Another approach is that the council could have re-inserted the GMO labeling clause back into Stanley Chang's Floor Draft FD1 (SC), the draft which I think originally removed the bill, and which the Safety Committee approved on 11/15.

Despite a flurry of testimony prior to the meeting through phone calls and emails, the council voted to support Stanley Chang’s original floor draft which had the GMO labeling clause removed, Resolution 11-339, CD1, Proposed FD1 (SC). In short, 8 council members voted to keep the GMO labeling clause out of the HSAC package with only Tom Berg voting against it. 

Both floor drafts were listed under Resolution 11-339 CD1, in the CR-347.

Reports from the Hearing:

At the hearing on December 7^th, the biotech interests were well-represented according to observers. Many biotech people testified towards the end of the hearing. One notable lobbyist was Alicia Maluafiti, who observers say is originally from the mainland but has a local last name from a former marriage. As Executive Director of the Hawaii Crop Improvement Association, she said she didn't want the cost of food to rise because of labeling requirements.  One blogger “says the 990 tax form for the Association lists her compensation as $90,000 in 2010 for a 30 hr week (although this might be prorated throughout the year). She also lobbies for 2 other groups, a GMO fish corp, and an energy company.” Other commentators noted her “fake pidgin accent.” 

For more commentary on the hearing:  http://dougnote.blogspot.com/2011/12/let-people-speak-label-gmos-hearing.html#!/2011/12/let-people-speak-label-gmos-hearing.html

http://www.hawaiipoliticalinfo.org/node/4702

Another Facebook commentator noted that Mazie Hirono's district includes the three counties which voted for the GMO labeling bill.

The GMO labeling bill is still a hot issue for 2012. Expect to hear more calls for action!


My limited involvement with this issue so far:


When I got the email from Courtney Bruch in late November, my first reaction was to shut down. The issue seemed overwhelming and I couldn't/didn't feel up to making any phone calls or email testimony.   A few days later, I re-read her email and realized the hearing was in a couple of days. So, I set my timer for 15 minutes and made phone calls to the nine council members on Oahu. I got more voicemail machines than actual people. In no instance did I talk with an actual council member, only their aides. The task took all of about 15 minutes. Then I wrote a very short email and sent it to all the council members. This also took just a few minutes. 


The next day, I called my mother on Oahu and gave her all the phone numbers, names, and asked her to call and bother them. She has more free time than I do. I also talked with two friends on Oahu. They are politically aware and active, but didn't know anything about this bill. They promised to make phone calls and send emails. This second part took more time but was a great way to re-connect with people. 


The issue initially seems daunting, but the bill itself is very short, only four or five pages. The amount of work that other citizens have done is tremendous, and I'm amazed they have gotten this far. My next task was to synthesize the information about the bill and the political action so far. I've been avoiding doing this post for weeks because there is SO much information and I've been wanting an overview, but I think it's really important.  


My advice to everyone else - read a little bit, stop, absorb it, and then do a little more. No need to tackle it all at once. A lot of people have already done the dirty work. Then speak up - make your phone calls or send your emails. If you don't think you have the time, just set a timer for a few minutes and make one email. Don't let it overwhelm you. Be inspired by how far this bill has gotten. Also, I'm recalling what someone else said last fall - there are many ways to "occupy" a system - one can "occupy" phone lines by making so many phone calls, it overwhelms a business. 


Happy New Year!  Don't be daunted. Be inspired!


A few video resources:




Maui county policy committee on 9/14/11 on the GMO labeling bill:

This is tremendously time consuming to take a 2 1/2 hour video and then post it to youtube.  I'm very thankful someone else did this. 

Documentary: The World According to Monsanto.

Appendix 1:

Resources, blog posts and commentary on the GMO labeling effort:

http://www.facebook.com/pages/Hawaii-County-GMO-Food-Labeling-Bill/204642296276843

Hawaii County GMO Food Labeling Bill http://mauifeed.com/county-of-maui/maui-hawaii-resurrect-gmo-food-labeling-bill/

http://dougnote.blogspot.com/2011/12/let-people-speak-label-gmos-hearing.html#!/2011/12/let-people-speak-label-gmos-hearing.html

http://www.hawaiipoliticalinfo.org/node/4702

http://www.organicconsumers.org/articles/article_24458.cfm

http://eachoneteachonefarms.com/2011/12/08/my-gmo-labeling-testimony-to-hnl-city-council/

·        GMO Free Oahu: https://www.facebook.com/groups/120086261439582/

GMO labeling Facebook page: http://www.facebook.com/events/194671643950094/?ref=nf

GMO Free Maui: http://www.facebook.com/events/194671643950094/?ref=nf#!/groups/147568151924562/

The Actual text of GMO bill 11-339

http://www4.honolulu.gov/docushare/dsweb/Get/Document-118900/6g5mn_rb.pdf - scroll down to page 13. 

The actual voting on December 7^th re: the various floor drafts:

http://www4.honolulu.gov/docushare/dsweb/Get/Document-118899/RES11-339.htm


Written testimony presented by Denise Snyder to the Oahu City Council: http://www.hawaiipoliticalinfo.org/node/4693

GMO Food Labeling Bill

‎"Hawaii has more experimental field trials of genetic engineering THAN ANY OTHER STATE IN THE NATION.
Just a few of the many examples of permits granted for field trials include:
*Corn engineered with human genes (Dow)
*Sugarcane engineered with human genes (Hawai‘i Agriculture Research Center)
*Corn engineered with jellyfish genes (Stanford University)
... *Tobacco engineered with lettuce genes (University of Hawai‘i)
*Rice engineered with human genes (Applied Phytologics)
*Corn engineered with hepatitis virus genes (Prodigene)1"

(From hawaiiseed.org as posted on various Facebook pages.)

Appendix 2:

List of Honolulu City Council Members as of December 7^th, 2011 meeting (provided by Courtney Bruch):

Tom Berg

Phone: (808) 768-5001

tberg@honolulu.gov

Ernest Y. Martin

Phone: (808) 768-5002

emartin@honolulu.gov

Ikaika Anderson

Phone: (808) 768-5003

ianderson@honolulu.gov

Stanley Chang

Phone: (808) 768-5004

ccldistrict4@honolulu.gov

Ann Kobayashi

Phone: (808) 768-5005

akobayashi@honolulu.gov

Tulsi Gabbard

Phone: (808) 768-5006

tgabbard@honolulu.gov

Romy M. Cachola

Phone: (808) 768-5007

rcachola@honolulu.gov

Breene Harimoto

Phone: (808) 768-5008

bharimoto@honolulu.gov

Nestor R. Garcia

Phone: (808) 768-5009

ngarcia@honolulu.gov

Group email list:

tberg@honolulu.gov,emartin@honolulu.gov,ianderson@honolulu.gov,ccldistrict4@honolulu.gov,akobayashi@honolulu.gov,tgabbard@honolulu.gov,rcachola@honolulu.gov,rcachola@honolulu.gov,bharimoto@honolulu.gov,ngarcia@honolulu.gov

Appendix 3:

Courtney Bruch’s letter after the December 7^th hearing to Oahu Councilman Stanley Chang and cc'd to all Oahu Council Members

Dear Council Member Stanley Chang,

I request that you reinsert the original HSAC GMO Labeling Res., introduced by Maui County, supported by all 3 counties, excluding Oahu. Please place this on the agenda to be voted on at the next Council Meeting.

I flew in from Maui and testified for GMO Labeling at the last meeting. I was very sad yesterday because it feel like the council members were already decided before that meeting how they would be 'supporting' and that the information that I had received from the Maui Council Legal Attorney didn't seem to match the rules in Oahu according to Chair Ernie Martin. I realize more education is needed. As more independent non-biased studies emerge (and they will).  I believe the Oahu Council members will regret their decision in this matter especially being the only county that did not vote in support of GMO Labeling.

You mentioned that people who wanted to stay away from GMO's could just 'buy organic'. You make it sound very simple. The reality is many people do not buy organic, do not shop at health food stores or farmer's markets and have NEVER heard of gmos. I meet people like this often. I will say the awareness about gmo is growing. There was written testimony that you should have received from a 71 yr. old woman who mentioned that buying Organic is a luxury, she is on a limited income and she wants to buy healthy nutritious food that's clearly labeled if it's gmo. All foods that aren't 'organic' are not automatically gmo either. I hope you are reconsidering your perspective on your reasoning because what you stated about 'just buy organic' doesn't hold water.

In my opinion the perspective that I heard from you discriminates against people in these three ways:
1. people who have not received education that gmos have entered the food supply and/or don't know what they are
2. low income families who feel they can not afford organic food
3. conventional farmers who don't grow organic but whose products may not be purchased by consumers who are trying to avoid gmos

Another thing to consider is that GMO are seeping into the organic industry. It's unfortunately inevitable especially left in the hands of the USDA and FDA who as I clearly displayed in my oral testimony. are not trustworthy in this regard due to the revolving door between the Federal Government, Monsanto and other Bio-tech companies. Cont. below...

I hope that you and all the council members are keeping an open mind and will continue to educate yourselves on this important matter. This affects you on a daily basis. Nestor helped the Maui group find access to the parking garage after the meeting. I was pleased to see that he initiated a conversation with Jennifer Warren and asked some great questions concerning gmos that I wished she had the opportunity to speak on during her testimony. Yo Kobayashi, Jennifer Warren and Dr. Lorrin Pang are excellent resources on these matters. Please contact us when you come to Maui. We would love to talk story with you and any other council member that would like to learn more.

I hope you are reading the Facing Hawaii's Future Book I gifted you.

I look forward to hearing your response especially concerning how just buying organic is not the answer for people who want to eat non-gmo food. Please prepare an HSAC floor draft that proposes the original GMO Labeling Resolution and place that on the Council agenda to be heard at the next Oahu Council Meeting.

Mahalo,
Courtney Bruch

Appendix 4:

Courtney Bruch’s post on Facebook from Ramoda Prem Anand, Maui ~concerning the HSAC GMO Labeling Resolution he wrote:

"Aloha Courtney and all who read this, we succeeded and we should be joyous. We should have a party as soon as possible in honor of all the work that was done. I won't organize it, but we should have a party to celebrate. Maybe at one of our community centers. I'm shocked, in a way, that it made it all the way to Honolulu; it passed every county but one. This is why I support Occupy Wallstreet. Because two people who didn't know what the hell they were doing were able to get a bill all the way to Honolulu. I was just frustrated about a problem that I saw-the lack of GMO labeling. People told me-'no, it won't pass Kauai..no, it won't pass the Big Island...it won't pass Maui.' Now we need individual county councils to enact GMO labeling because, obviously there is support out there. And keep supporting my efforts to introduce bills. Without Tiff, Kabba, Raje, Dave, Melissa, Mele Carroll, Kalani English, Rosalyn Baker, Elle Cochran, and many others, I would not have been able to do this."

Appendix 5:

Email from Tom Berg

Sent: Monday, December 5, 2011 5:45 PM
Subject: Councilman Tom Berg Floor amendment to insert a GMO bill into Reso. 11-339 CD1

Aloha Friends,

Thank you very much for writing to me about your concerns regarding the need to
distinguish or identify for the consumer GMO from Non-GMO produce/products.
Please be sure to submit your testimony to VChung@honolulu.gov<mailto:VChung@honolulu.gov>  see below for instructions.

I am offering a floor amendment at the full Council meeting on Wednesday,
December 7, 2011 AM to to insert a GMO resolution into the HSAC package.
Please see COUNCIL AGENDA.<http://www4.honolulu.gov/docushare/dsweb/Get/Document-119359/120711%20Council%20Agenda.htm>  Please see TOM BERG FD1<http://www4.honolulu.gov/docushare/dsweb/Get/Document-119388/RES11-339,%20CD1,%20PROPOSED%20FD1%20(TB).pdf>.

I do believe that this important issue must be addressed and we are searching for
a method to accomplish this goal. The State Legislature tackled frozen bread versus
"fresh" recently and that type of labeling issue---  and they came up with a compromise
for starters that provides for signage instead to identify frozen bread sold next to authentic "fresh bread."

Someone will need to second my motion, if not, and then the proposal for signage is moot that day. It may be that other members would entertain it at another time but I am going forward with this so that at least we continue the discussions.

Thank you for your input on this issue.

Mahalo,

Tom Berg

City Council of Honolulu
www.councilmanberg.com

REGULAR MEETING
CITY COUNCIL CHAMBER
16TH SESSION
WEDNESDAY, DECEMBER 7, 2011 - 10 A.M.

SPEAKER REGISTRATION

Persons wishing to testify on items listed on the morning calendar are requested to register by 10 a.m. in the interest of time management as follows:

a.                  use the On‑Line City Council Speaker Registration form available at http://www.honolulu.gov/council/attnspkccl.htm;
b.                  send a fax to 768-3826 indicating your desire to register to speak, along with your name, phone number and subject matter;
c.                  fill out the registration form in person; or
d.                  call 768-3813.

On-line and fax registration forms must be received by 10 a.m. to be included in the list of registered speakers.  Persons who have not registered to testify by 10 a.m. will be given an opportunity to present oral testimony on an item following the registered speakers by raising their hand at the time additional speakers are called upon.

Each speaker shall not have anyone else read their statement and is limited to:

a.                  three-minute presentation on New Business and Sunshined items;
b.                  one-minute presentation on all other items.

WRITTEN TESTIMONY

If you wish to submit written testimony:

a.                  fax to 768-3826 or
b.                  go to http://www.honolulu.gov/council/emailccl.htm to e‑mail your written testimony.

By submitting written testimony, you are not automatically registered to speak.  Refer to “SPEAKER REGISTRATION” procedures above.

If submitted, written testimonies, including the testifier’s address, e-mail address and phone number, may be posted by the City Clerk and available to the public on the City’s DocuShare Website.

Any physically challenged person requiring special assistance should call 768-3813 for details at least one day prior to the meeting date.

Honorary Certificates will be presented at 9 a.m.