Fall 2009 Hawai'i GMO Legislative Update

by Environmental Commons*

The 2010 Hawai'i legislative session will again take up legislation aimed at both preempting the regulation of genetically modified organisms (GMOs) and further controlling their use.

House Bill 1226 seeks to "preempt any state administrative regulatory action or county regulatory action that bans or restricts certain activities relating to genetically modified plant organisms." This bill is the result of a hard-fought legislative effort by activists to impose a moratorium on research to genetically modify taro. Just as the taro bill was about to pass, a "pre-emption" clause was added that would have prohibited any local regulations or future moratoriums.

In 2009, both Senators Hee and Gabbard blocked the preemption measure from continued movement in the Senate. They refused to schedule a hearing for the bill. House Bill 1226 not only removes the authority of counties to regulate GMOs, but also eliminates the State's ability to pass any protective GMO regulations even in response to necessary actions related to health, safety and welfare. The bill confers regulatory power solely to the federal government.

Since 2005, nineteen states have passed similarly dangerous preemption bills. Largely in response to California counties passing ordinances prohibiting the growing of GMOs, these states expressly removed local government ability to regulate GMOs. Hawai'i's HB 1226 goes even further. It not only removes local county authority to regulate GMOs, but also eliminates the State's ability to regulate GMOs and therefore protect its agriculture.

Earthjustice attorney Paul Achitoff, who has litigated matters related to GMOs, said the bill is bucking national legal trends regarding pre-emption measures as contrary to the public interest. "Essentially, it's the state saying voluntarily, unilaterally, without any instruction from the federal government or Congress, we're going to tie our hands and make it impossible to do anything about GMOs," Achitoff said.

Although Representative Calvin Say has refused to disclose who asked him to introduce the bill, Achitoff said "there's no doubt in my mind it came from the (biotech) industry and it's consistent with similar legislation that's been put forth by Monsanto and others in a number of other states."

Despite HB 1226's language advocating for a complete lack of state oversight of GMOs, the Hawai'i Legislature continues to consider other bills regulating GMOs.

The so-called "Taro Security Bill," - co-authored by state Sen. J. Kalani English and Rep. Mele Carroll, both Native Hawai'ians - called for a four-year ban on developing, testing, propagating, releasing, importing, planting or growing any genetically engineered Hawai'ian taro varieties. Open-field testing on non-Hawaiian GMO varieties also would have been banned. The 2009 session ended with both the House and Senate passing versions of the bill, but House leaders failed to assign the bills to a conference committee to resolve the differences before the session ended.

In addition, labeling bills introduced by Senator Gabbard stalled earlier in the session, but they, like the "pre-emption" and taro security bill, are expected to resurface next year. The measures would prohibit the sale of any genetically engineered fish or whole food, such as papaya, corn and soy, unless it was clearly labeled as such.

Counties have adopted resolutions not only opposing House Bill 1226 (Hawai'i and Maui), but also prohibiting the growing of genetically modified coffee and taro.

In 2008, the Hawai'i County Council unanimously passed an ordinance banning genetically modified coffee and taro, a dietary staple that is culturally significant for Native Hawai'ians. In October, 2009, the Maui County Council also voted unanimously on a prohibition of genetic modification of taro.

* Our thanks to Joan Conrow for her contribution to this article.

For more information, see:

• Maui bans GMO taro   (Maui News, 10/3/09)
  
  
• GMO preemption in Hawai'i - testimony by Britt Bailey of Environmental Commons   (Bailey, 3/4/09)
  
  
• Maui supports home rule, opposes Hawai'ian preemption bill   (The Maui News, 3/21/09)
  
  
• A seed of doubt   (Honolulu Weekly, 4/8/09)
  
  
• GMO taro and coffee crops banned on the island of Hawai'i   (EC, 11/08)
  
  
• Big Island bans GMO coffee and taro crops   (Honolulu Advertiser, 11/14/08)
  
  
• GMO taro, coffee banned   (Hawai'i Tribune-Herald, 11/14/08)
  
  
• Taro Culture and Genetic Engineering   (Hawai'i SEED)
  
  
• Environmental Groups Seek Moratorium on Open-Air Tests in Hawai'i   (Washington Post, 2006)
  
  Deficiencies in Federal Regulatory Oversight of Genetically Engineered Crops (Tokar, 2006)
  
  
• An Island Region's Self-rule: Kona Opposes Genetically Engineered Coffee   (Bailey, 2002)