Plus, its unclear whether the state even has the right to enforce this ban in the first place.
The Aloha State is about to become ground zero for the U.S. food wars.
In short, this is a state where farmers appreciate what GM crops have to offer.
And, the GMO producers appreciate what Hawaiis climate has to offer.
For the locals, the islands have always been a place of high tech agriculture.
Many of them worked on the big sugar and pineapple plantations.
They saved to buy small plots of land.
The Council held months of public hearings on the bill.
Oh, Smith also claims to havemasteredthe ancient yogic art of self-levitation.
(Yes, he flies.)
It also prohibits farmers from growing any new GMO crops.
Anyone who violates the measure will be fined $1,000 per day.
Papaya farmers would be required to pay an annual $100 registration fee per field.
Reaping the consequences
So, where do things stand seven months later?
For starters, the papaya farmers gave Councilwoman Wille the finger.
The real intent of local anti-GMO legislation is to prohibit all GMOs and to ultimately destroy Hawaiis papaya industry.
The Court has granted a temporary restraining order.
And, what about genetic research?
The law doesnt impact the large companies, since they dont have any open-air facilities on the Big Island.
But, for universities, its a different matter.
Scientists interviewed say it is necessary to grow modified crops outdoors to test their effectiveness.
Under the countys law, testing can occur but it must be done indoors.
Nagata said his Hilo-based office was not conducting research on genetic engineering when the law was enacted.
For those with projects already in progress, the law provides less certainty.
We are just kind of waiting to see what happens, Shintaku said.
Even if those banana varieties could be developed, growers would be prohibited from using them.
That research project will likely stop.
Even livestock farmers are affected.
Thats not going to happen.
Are we really growing so much food here that we need to cull some sectors?
But they shouldnt discourage conventional agriculture.
Taking precaution too far?
In June, a secondlawsuitwas filed.
We did it for clarity.
We thought that the feds and the state had jurisdiction, not the county.
We want clarity about the rules of the game.
Farmers are law-abiding citizens and we play by the rules.
Thats discriminatory against local farmers.
But, the lawsuitarguesthose burdens already are met through the federal regulatory process.
And here is where were treading into uncertain legal territory.
Rather, GMOs are regulated pursuant to health, safety, and environmental legislation governing conventional products.
This interest lies within the states police power to protect its citizens health and welfare.
However, it is unclear whether GMOs pose any threat to health and welfare.
Meanwhile, anopposing legal viewargues:
Claims of rigorous regulation are not borne out in practice.
The battle will only get more intense, now that the big biotech companies are lawyering up.
This is a national movement, Hawaii Attorney General David Louiesaidat the recent gathering of attorneys general in Washington.
Dont think that its not coming to you.
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