Clarification: A previous version of this article misstated the composition of the appellate judges' panel.
Dive Brief:
- Hawaii counties cannot pass their own individual bans against GMO cultivation and pesticide use, according to a federal judge panel's ruling Friday, the Associated Press reported.
- The judges upheld a lower court's decision that said Hawaii state law prohibits counties from passing agricultural regulations.
- Maui County had voted to ban GMO cultivation and testing. Kauai County mandated pesticide notification requirements and buffer zones. Hawaii Island had passed an ordinance that banned open air testing of GMOs and other related parameters. The judges' decision effectively overturned these regulations.
Dive Insight:
The GMO debate reached a peak earlier this year when Vermont's GMO labeling law went into effect in July. That law finally pushed lawmakers to compromise on a national GMO labeling standard that would supersede any state laws.
A similar scenario could eventually happen with GMO cultivation regulations. If enough states pass GMO bans, the industry could perceive it as a threat to U.S. agriculture or food and beverage manufacturing. This could mobilize federal legislators, particularly from agricultural states, to push for a national standard for GMO cultivation.
During elections earlier this month, Sonoma County became the sixth California county to pass a GMO cultivation ban, which created the country's largest GMO-free zone. This is particularly significant because California is such an agricultural powerhouse. However, Hawaii's state laws have prevented its counties from joining California and creating their own GMO-free zone. It remains to be seen if this precedent may impact California, or other states looking to create their own strict agricultural zones.