Question
Answer
Expert response from Paul Minehart
Head, Corporate Communications North America, Syngenta Corporation
Thursday, 01/21/2016 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.
