GENETIC ENGINEERING LAW
Maui County, Hawaii passed an ordinance through a ballot referendum in November 2014 that placed a moratorium on the knowing propagation, cultivation, raising, growing, or testing of genetically engineered (GE) organisms within the County of Maui. The moratorium can only be amended or repealed by the Maui County Council by two-thirds vote.[1] The purpose of the law was to address the finding that the GE operations and practices that occur in Maui County are unique, and therefore, “pose different circumstances, risks, and concerns” than GE food production farming because they include “the cultivation of GE seed crops, experimental GE test crops, and extensive pesticide use including the testing of experimental pesticides.”[2] The text of the law states that these practices may be “causing irreparable harm to the people, Environment, and Public Trust Resources.”[2] Agricultural organizations, including Monsanto, sued Maui County to enjoin the operation of the law. The plaintiffs argued that the moratorium will harm the local economy, especially local farmers, and will harm the seed companies that rely on the unique climate of Maui to breed seeds. The plaintiffs filed a lawsuit arguing that the law violates the regulatory schemes enacted by the USDA, FDA, EPA, and the State of Hawaii for genetically engineered organisms and is thus preempted by federal and state law. Further it argues that the law violates the Commerce Clause and that the Maui Charter does not permit it to exact penalties.[4] In March 2015, the court enjoined Maui
County from enforcing the ordinance until the court ruled on the merits of the dispute, which is expected later in 2015.[5]
Given the extensive federal framework for agricultural safety issues, states have had a more difficult time addressing concerns within their communities in this context than in other areas of food policy. Chapter 9 discusses numerous state and local opportunities to address the modern food environment in other ways.
- [1] Chapter 20.39 of the Maui County Code. Moratorium on the Cultivation of GeneticallyEngineered Organisms. Sec. 5 and Sec. 6. http://www.shakamovement.org/law/
- [2] A Bill Placing a Moratorium on the Cultivation of Genetically Engineered Organisms.http://www.shakamovement.org/law/
- [3] A Bill Placing a Moratorium on the Cultivation of Genetically Engineered Organisms.http://www.shakamovement.org/law/
- [4] Robert Ito Farm, Inc. v. County of Maui. Complaint for Declaratory and Injunctive Relieve. Civ.No. 1:13-cv-00511 (D. Hawaii November 13,2014). Available: http://www.civilbeat.com/2014/11/mon-santo-agrigenetics-sue-to-invalidate-maui-county-gmo-farming-ban/ and http://www.slideshare.net/civilbeat/complaint-41532329?ref=http://www.civilbeat.com/2014/n/monsanto-agrigenetics-sue-to-invalidate-maui-county-gmo-farming-ban/
- [5] Robert Ito Farm, Inc v. County of Maui, 2015 U.S. Dist. LEXIS 34519 (D. Haw. March 19, 2015).
