On June 30, 2015, the United States District Court for the
District of Hawaii struck down a Maui County Ordinance that placed a moratorium
on the cultivation of GMO crops within the county.
The ordinance was originally enacted in November of 2014
making it unlawful for “any person or entity to knowingly propagate, cultivate,
raise, grow or test Genetically Engineered Organisms within the County of Maui…”
According the text of the ordinance, the ordinance was meant to protect resources
from transgenic contamination, protect the economic integrity of organic and
non-GMO markets, protect against “hazardous aspects” of GMO production,
preserve the right to reject GMO operations for “health-related, moral, or
other concerns”, and to preserve county resources while promoting cultural
heritage of the area. The moratorium was meant to remain in effect until
Environmental and Public Health Impacts Studies had been conducted on the
practices or crops in question.
The ordinance was challenged as being preempted by federal
and state laws, and going beyond the county’s authority. Concerning federal
preemption, the court found that the ordinance was expressly preempted by the
Plant Protection Act (PPA) by attempting to ban all GMO crops, even those
covered by the PPA. According to the court, the ordinance is also implicitly preempted by frustrating
the purpose of the PPA via interference with the establishment of a national
standard for movement in interstate commerce.
Concerning state preemption, the court found that the
ordinance interfered with a preexisting statutory scheme of regulations within
the state. Further, the court found that the ordinance is beyond the county’s authority, as
violations of the ordinance carry a financial penalty greater than the amount
allowed in the adopted Maui charter.
Written by Tyler R. Etter- Research Assistant
July 6, 2015
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