A judge in Josephine County, Oregon overturned a county ballot measure banning farmers from growing genetically engineered crops.
According to the Capital Press, citizens in Josephine County approved a ban on GMOs in 2014. Just a year earlier, in 2013, state lawmakers prohibited local governments from regulating the crops. Supporters of the GMO ban claimed that state pre-emption was unconstitutional and that the ordinance should not be pre-empted because Oregon has a “regulatory void” regarding biotech crops.
Per the Mail Tribune, Josephine County Circuit Court Judge Pat Wolke rejected the argument and held the county ordinance invalid, reasoning, “In this case, the conflict could not be more clear that the County’s GMO ordinance, and (state law) are incompatible. The state law says that the localities may not legislate in this area; and the voters of Josephine County have attempted to legislate in the exact same area. It is impossible to read the two enactments in harmony; so that the local ordinance must give way.”
The ruling favored sugar beet farmers Robert and Shelly White, who wanted to plant biotech sugar beets on 100 acres of leased farmland. The nonprofit Oregonians for Safe Farms and Families and organic seed producer Siskiyou Seeds defended the ordinance for the county.
Scott Dahlman, a spokesman from the group Oregonians for Food and Shelter, said the ruling “sends a clear message that this law is constitutional and it keeps counties from regulating crops, specifically GMO crops.”
A copy of the court’s ruling is available here.