Ag regulations must originate at state level

The disparate patchwork of county measures emerging to restrict agricultural operations in Hawaii adds new urgency to the call for Gov. Neil Abercrombie to take the lead in developing a fair statewide system addressing concerns about pesticide use and the cultivation of genetically modified crops.

Hawaii’s Constitution vests the state Legislature with direct authority over agricultural resources, in laws such as the Right to Farm Act, the State Planning Act and the Hawaii Pesticides Law, and via the Agribusiness Development Corporation, established to coordinate federal, state and private resources affecting agribusiness.

The counties have neither the clear authority nor the necessary resources to enforce the new regulations, and farmers, ranchers and ag-biotech companies face varying rules and penalties depending on the location.

» On Kauai on Nov. 16, the County Council overrode Mayor Bernard Carvalho’s veto of Bill 2491, which will take effect in August, assuming it withstands threatened legal challenges.

The law requires certain users of restricted-use pesticides, including four big biotech-ag companies, to disclose what, how much and where they use the pesticides. It mandates that buffer zones be created between pesticide-sprayed fields and schools, parks, hospitals and homes. Employees of the companies covered by the law can be jailed or fined for violating it.

The law also directs the county to study whether pesticides are harming Kauai’s environment or the health of its residents. Additionally, it mandates that farmers disclose any GM crops they are growing, an element aimed at the big ag-biotech companies operating on Kauai: Syngenta, DuPont-Pioneer, Dow and BASF.

» On Hawaii island on Nov. 19, the County Council voted 6-3 to block ag-biotech companies from gaining a foothold on the island by outlawing the open-air "cultivation, propagation, development or testing" of geneti- cally engineered crops or plants; Bill 113 exempts GM papaya, which has been grown there for years. Violators face fines of $1,000 a day.

The vast majority of farmers, ranchers, floral and nursery growers in Hawaii opposed the bill and issued a joint letter begging the Council to reject it: "Farmers are under attack from a very vocal minority. We need the silent majority and anyone who values local food production to speak up!"

The letter included 50 signers representing thousands of individuals who collectively produce more than 80 percent of the food and ag-products grown in Hawaii.

Mayor Billy Kenoi has not said whether he will sign or veto the bill but said a decision would come this week. The law would take effect upon his signature.

» On Maui on Nov. 20, Mayor Alan Arakawa announced that he had signed a memorandum of understanding with Monsanto for the voluntary disclosure of restricted-use pesticides on GM crops it grows on Maui and Molokai.

The company also must detail what it’s doing to contain dust and prevent soil erosion. Maui County is working with Hawaiian Commercial & Sugar to establish a similar agreement.

State Sen. Clarence Nishihara, who chairs the Agriculture Committee in that chamber, has called on the governor to make clear that the state has the authority to preempt the county measures. He’ll likely propose a preemption bill during the next legislative session if the governor fails to step up.

His counterpart in the House, Rep. Jessica Wooley, who wants to mandate labeling of GM produce sold in the state, says she won’t support preemption unless it’s part of a broader agreement with the counties that addresses restricted-pesticide use and GM crops.

A spokeswoman for the governor expressed his view that "any decisions to impose additional regulations above and beyond those already established by federal regulatory agencies should be based on proven science." 

That’s an outlook we heartily endorse, urging rational discourse in a debate too high on emotion.

Proponents hail agricultural biotechnology as proven safe over two decades, and as an indispensable tool for solving world hunger, especially in an era of climate change when drought- and flood-resistant seeds and crops could save millions of lives. Opponents denounce GM crops as an example of Big Ag playing God, and insist that health dangers lurk for the millions of Americans who consume GM food ingredients on a daily basis.

There’s likely no way to get the two extremes to see eye-to-eye, but they should learn to co-exist in Hawaii. The state government clearly has the authority to craft a framework for all the islands, and should move swiftly to do so.