Posted August 26, 2014
A federal judge has ruled that a Kauai County law that requires companies to disclose use of pesticides and genetically modified (GMO) crops is invalid, according to a Fox Business article by the Associated Press available here. Agri-Pulse also published an article available here, The New York Times here, and The Wall Street Journal here.
On Monday, U.S. Magistrate Judge Barry Kurren ruled in favor of the four seed companies (Syngenta, Pioneer Hi-Bred International, Agrigenetics, and BASF Plant Science LP) that opposed Kauai’s new law. The companies argued that the local ordinance is “invalid and unfairly targets their industry.”
The bill’s provisions required farms to disclose pesticide use and the presence of genetically modified crops if they use more than five pounds or 15 gallons of restricted-use pesticides per year. The bill also required a 500-foot buffer zone near schools and homes and several other locations, according to Agri-Pulse.
The bill also includes a potential civil fine of $10,000-$25,000 per violation, per day.
Some residents in favor of the bill claimed that the agricultural operations exposed them to the drift of soil and dangerous pesticides. Other bill supporters were opposed to GMO crops, according to The NY Times.
“This decision in no way diminishes the health and environmental concerns of the people of Kauai,” United States Magistrate Judge Barry M. Kurren wrote. “The court’s ruling simply recognizes that the State of Hawaii has established a comprehensive framework for addressing the application of restricted-use pesticides and the planting of G.M.O. crops, which presently precludes local regulation by the county.”
Gary Hooser, a Kauai council member who co-introduced the bill, was displeased with the ruling, according to The Wall Street Journal.
“By denying Kauai’s law, the judge undermined efforts to create more transparency and more protections for farmers, workers and families from hazardous pesticides,” said Paul Towers, spokesman for the Pesticide Action Network, which supported Kauai County in the case. Mr. Towers said the group still was reviewing the order and would “explore all available options” to defend Kauai.
The law was scheduled to be in effect Aug. 16, but the date was postponed to Oct. 1 pending the court’s ruling. The effect date is now unclear, The NY Times.
For more information on food labeling, please visit the National Agricultural Law Center’s website here.
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