Question
Answer
Expert response from Community Manager
Moderator for GMOAnswers.com
Thursday, 21/01/2016 19:31
Overview: Although attempts to ban or impose restrictions on GMOs have been made in three Hawaii counties (Hawaii, Maui and Kauai), all ordinances that passed in these counties have been struck down in the federal district court, with that court’s decisions on appeal in the U.S. Court of Appeals for the Ninth Circuit. Currently, GMO crops continue to be legally grown in Hawaii.
Hawaii County: Some bills have been passed and overturned concerning the ban of GMO crops in Hawaii. Bill 113 is one such bill, which the Hawaii County Council passed and Mayor Billy Kenoi signed into law in December 2013. The bill prohibited biotech companies from operating on the Big Island and banned farmers from growing any new genetically altered crops; however, the bill exempted the island’s GMO papaya industry. See The Huffington Post’s article: Big Island Mayor Signs Biotech, GMO Ban Into Law.
Nevertheless, Bill 113 was overturned. See The Wall Street Journal’s article, U.S. Judge Overturns GMO Crop Curbs in Hawaii: “A federal judge ruled against a new law in Hawaii curbing genetically modified crops … U.S. Magistrate Judge Barry Kurren, in his judgment, wrote that "the Ordinance is pre-empted by state law and is therefore invalid," and blocked Kauai from implementing or enforcing the law.”
Currently, Judge Kurren’s decision is being contested in the U.S. Court of Appeals for the Ninth Circuit. There is a second challenge to Bill 113 that has been filed in the state court in order to continue protecting farmers from having to disclose their identities or the locations of their GM crops.
Maui County: In 2014 voters in Maui County passed a moratorium on the growth, testing and cultivation of genetically engineered crops until an analysis of the environmental and public-health impact is reviewed by the county.
Following approval of the measure, Judge Kurren issued a temporary injunction against the measure, prohibiting its enforcement. In 2015, Chief Judge Susan Oki Molloway ruled the measure was invalid because it is pre-empted by state and federal law. As of November 2015, this decision is also being appealed in the Ninth Circuit Appeals Court.
Kauai County: In 2013 Bill 2491 (also Ordinance 960) was passed by voters in Kauai County. Bill 2491 attempted to impose restrictions on pesticide use, as well as impose buffer zone requirements for the cultivation of GMO crops. Similar to the decisions made in the aforementioned cases, Judge Kurren declared that Bill 2491 was preempted by state and federal law. This decision is also under appeal in the Ninth Circuit Appeals Court. As part of an ongoing commitment to the community in which they operate, the seed industry companies voluntarily participate in the Kaua‘i Agricultural Good Neighbor Program on community outreach initiatives, pre- and post-application notification of restricted-use pesticides and implementation of setback requirements.
On the subject of Hawaii and it’s GM crops, did you know that GM papayas help sustain non-GM papaya planted in Hawaii? It’s called the “GM halo effect,” discussed in detail here. If you’re interested to know how and why the GM papaya was created, take a look at this video.
Answer
Expert response from Paul Minehart
Head, Corporate Communications North America, Syngenta Corporation
Thursday, 21/01/2016 19:29
On January 10, 2014, Agrigenetics, Inc. (a company affiliated with Dow AgroSciences LLC), DuPont Pioneer and Syngenta jointly filed a complaint in US District Court in Honolulu, Hawaii, against the County of Kaua‘i for violating the United States and Hawaii Constitutions, multiple federal and state laws and the Kaua‘i County Charter in the enactment of Bill 2491. On February 7, an amended complaint was filed, adding BASF to the complaint.
On August 25, 2014, the US District Court for the District of Hawaii invalidated the ordinance and enjoined the county from implementing or enforcing the law. As the companies had maintained from the outset, the state and federal governments already have comprehensive regulation of pesticides and GMOs, and the County of Kauai has no power to regulate in these areas.
In November 2014, a voter initiative passed in Maui to ban all GMO crops, current and future. And, on the Big Island of Hawaii, the county council banned any new GMO crops from being planted, with the exception of current papaya and floral operations. However, farmers would find themselves breaking the law if they plant any more acres than they currently have. Both ordinances were invalidated in federal court, and these decisions, including the Kauai decision, are under consideration in the U.S. Court of Appeals for the Ninth Circuit.
As part of our ongoing commitment to the community in which we operate, the companies voluntarily participate in the Kaua‘i Agricultural Good Neighbor Program on community outreach initiatives, pre- and post-application notification of restricted-use pesticides and implementation of setback requirements.
Answer
Expert response from Community Manager
Moderator for GMOAnswers.com
Thursday, 21/01/2016 19:31
Overview: Although attempts to ban or impose restrictions on GMOs have been made in three Hawaii counties (Hawaii, Maui and Kauai), all ordinances that passed in these counties have been struck down in the federal district court, with that court’s decisions on appeal in the U.S. Court of Appeals for the Ninth Circuit. Currently, GMO crops continue to be legally grown in Hawaii.
Hawaii County: Some bills have been passed and overturned concerning the ban of GMO crops in Hawaii. Bill 113 is one such bill, which the Hawaii County Council passed and Mayor Billy Kenoi signed into law in December 2013. The bill prohibited biotech companies from operating on the Big Island and banned farmers from growing any new genetically altered crops; however, the bill exempted the island’s GMO papaya industry. See The Huffington Post’s article: Big Island Mayor Signs Biotech, GMO Ban Into Law.
Nevertheless, Bill 113 was overturned. See The Wall Street Journal’s article, U.S. Judge Overturns GMO Crop Curbs in Hawaii: “A federal judge ruled against a new law in Hawaii curbing genetically modified crops … U.S. Magistrate Judge Barry Kurren, in his judgment, wrote that "the Ordinance is pre-empted by state law and is therefore invalid," and blocked Kauai from implementing or enforcing the law.”
Currently, Judge Kurren’s decision is being contested in the U.S. Court of Appeals for the Ninth Circuit. There is a second challenge to Bill 113 that has been filed in the state court in order to continue protecting farmers from having to disclose their identities or the locations of their GM crops.
Maui County: In 2014 voters in Maui County passed a moratorium on the growth, testing and cultivation of genetically engineered crops until an analysis of the environmental and public-health impact is reviewed by the county.
Following approval of the measure, Judge Kurren issued a temporary injunction against the measure, prohibiting its enforcement. In 2015, Chief Judge Susan Oki Molloway ruled the measure was invalid because it is pre-empted by state and federal law. As of November 2015, this decision is also being appealed in the Ninth Circuit Appeals Court.
Kauai County: In 2013 Bill 2491 (also Ordinance 960) was passed by voters in Kauai County. Bill 2491 attempted to impose restrictions on pesticide use, as well as impose buffer zone requirements for the cultivation of GMO crops. Similar to the decisions made in the aforementioned cases, Judge Kurren declared that Bill 2491 was preempted by state and federal law. This decision is also under appeal in the Ninth Circuit Appeals Court. As part of an ongoing commitment to the community in which they operate, the seed industry companies voluntarily participate in the Kaua‘i Agricultural Good Neighbor Program on community outreach initiatives, pre- and post-application notification of restricted-use pesticides and implementation of setback requirements.
On the subject of Hawaii and it’s GM crops, did you know that GM papayas help sustain non-GM papaya planted in Hawaii? It’s called the “GM halo effect,” discussed in detail here. If you’re interested to know how and why the GM papaya was created, take a look at this video.
Answer
Expert response from Paul Minehart
Head, Corporate Communications North America, Syngenta Corporation
Thursday, 21/01/2016 19:29
On January 10, 2014, Agrigenetics, Inc. (a company affiliated with Dow AgroSciences LLC), DuPont Pioneer and Syngenta jointly filed a complaint in US District Court in Honolulu, Hawaii, against the County of Kaua‘i for violating the United States and Hawaii Constitutions, multiple federal and state laws and the Kaua‘i County Charter in the enactment of Bill 2491. On February 7, an amended complaint was filed, adding BASF to the complaint.
On August 25, 2014, the US District Court for the District of Hawaii invalidated the ordinance and enjoined the county from implementing or enforcing the law. As the companies had maintained from the outset, the state and federal governments already have comprehensive regulation of pesticides and GMOs, and the County of Kauai has no power to regulate in these areas.
In November 2014, a voter initiative passed in Maui to ban all GMO crops, current and future. And, on the Big Island of Hawaii, the county council banned any new GMO crops from being planted, with the exception of current papaya and floral operations. However, farmers would find themselves breaking the law if they plant any more acres than they currently have. Both ordinances were invalidated in federal court, and these decisions, including the Kauai decision, are under consideration in the U.S. Court of Appeals for the Ninth Circuit.
As part of our ongoing commitment to the community in which we operate, the companies voluntarily participate in the Kaua‘i Agricultural Good Neighbor Program on community outreach initiatives, pre- and post-application notification of restricted-use pesticides and implementation of setback requirements.
