GMO-label bill faulty, state says

Requiring genetically modified food to be ID'd is unconstitutional, the attorney general says

By Sarah Zoellick

POSTED: 01:30 a.m. HST, Mar 19, 2013

~~<p>The attorney general is cautioning state senators that a House bill requiring genetically modified imported produce to carry labels would likely be struck down by the federal government if it becomes law.</p>
<p>In a memo sent to Senators last week in response to an inquiry regarding the constitutionality of House Bill 174 and whether the state can legally legislate such imports, the attorney general said the bill "will very likely" be ruled unconstitutional on the grounds that federal labeling laws (which don't require GMO labeling) would pre-empt state laws; the bill seeks to legislate constitutionally protected commercial speech; and a GMO labeling law could violate federal interstate commerce laws.</p>
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The attorney general is cautioning state senators that a House bill requiring genetically modified imported produce to carry labels would likely be struck down by the federal government if it becomes law.

In a memo sent to Senators last week in response to an inquiry regarding the constitutionality of House Bill 174 and whether the state can legally legislate such imports, the attorney general said the bill "will very likely" be ruled unconstitutional on the grounds that federal labeling laws (which don't require GMO labeling) would pre-empt state laws; the bill seeks to legislate constitutionally protected commercial speech; and a GMO labeling law could violate federal interstate commerce laws. Login for more...