Associated Press writer Caleb Jones reported earlier this month that, “The fight over regulating genetically engineered crops in three Hawaii counties was back in a federal courtroom as some agricultural giants look to protect their farms from bans against modified food.
“The 9th U.S. Circuit Court of Appeals heard oral arguments in Honolulu Wednesday on ordinances that seek to regulate or outlaw genetically engineered crops in Hawaii, Kauai and Maui counties.
“Agrichemical companies and trade associations sued each county, and federal court rulings sided with the businesses. The counties and interested environmental groups want the 9th Circuit to overturn the decisions.”
Mr. Jones indicated that, “The state Department of Agriculture regulates harmful plants in Hawaii, however, and attorneys representing the agrichemical companies said the state could and would specifically regulate genetically engineered plants if they felt it was warranted. The department has not said genetically engineered crops are harmful.
“‘The issue in this case isn’t whether pesticides or GE plants should be regulated or what those regulations should be. The only question here is who does the regulating. Under current Hawaii law, the answer is clear,’ said Chris Landau, representing the companies in the Kauai and Big Island cases. ‘The state has comprehensive schemes in place.'”
The AP article added that, “U.S. District Chief Judge Susan Oki Mollway ruled last June that federal and state law pre-empts that county’s ban on cultivating genetically engineered crops, making it invalid. She stressed then that her order addressed only the question of county authority.
“Two years ago, Kauai and Hawaii counties adopted measures regulating GMO crops and pesticides. U.S. Magistrate Judge Barry Kurren struck them down, saying state law superseded them.”
