In August, a United States magistrate through out a Kauai law that required seed and chemical companies operating in the county to disclose their use of GMOs and pesticides, ruling that the initiative violated already-existing state law. Now the same judge, Barry Kurren, is being asked by plaintiffs to throw out a similar measure in Hawaii County.
The law, which went into effect last December, limited any planting of GMOs to greenhouses. A plaintiff’s group comprised of the Hawaii Floriculture and Nursery Association, Hawaii Papaya Industry Association, Big Island Banana Growers Association, Hawaii Cattlemen’s Council, Pacific Floral Exchange, Biotechnology Industry Organization and various farmers is arguing for what they call “state preemption.”
Supporters of the law, led by the Earthjustice legal group, argue that the Big Island would become a haven for Big Ag unless the law was kept in force.
The ordinance allows for numerous exemptions, such as for papayas, said County Deputy Corporation Counsel Katherine Garson, who argued that the law should kept in place. The intention of the ordinance is to “promote non-GMO agriculture, plants and crops,” she said, adding that the Big Island wanted to “promote itself as an eco-friendly place.”
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It’s not clear when Kurren will issue a ruling. He said his previous decision shouldn’t be seen as a “done deal” for the Big Island.
