Kauai County Council takes up GMO, pesticide bill on Tuesday

A hotly debated proposed ordinance pertaining to pesticide use and farming of genetically modified crops on the Garden Isle will be considered by the Kauai County Council this week.

Since its introduction in June, Bill 2491 has touched off emotionally charged public hearing sessions, a march against genetically modified organisms that attracted thousands, as well as sign-waving and other efforts staged by sizeable crowds of opponents.

At the end of a 12-hour meeting by the county’s Economic Development (Agriculture) Committee on Sept. 27, a diluted version of the bill was approved. It will be considered at a meeting set for 8:30 a.m. Tuesday in the Council’s chambers at the County Building in Lihue.

The committee voted 4-1 in favor of the amended bill, which targets the county’s heaviest pesticide users.

The proposed regulations:

» Mandatory disclosure of pesticide use and the presence of GMOs. The bill’s new version calls for users to submit weekly reports detailing information ranging from active ingredients to wind speed.

» Posting of signs in areas near pesticide application sites, as well as issuing pre-application "Good Neighbor" notices to property owners within 1,500 feet of operations.

» A 500-foot buffer zone around schools, hospitals and homes. The amended bill shortens the zone to 100 feet in other potentially sensitive areas, such as parks, public roadways, streams, rivers and shorelines.

» A county "environmental and public health impact study" addressing questions tied to large-scale commercial agriculture entities that use pesticides and GMOs. The amended bill scrapped a proposed moratorium on new GMO operations pending results of an environmental impact statement — prepared by Kauai County — and development of a permitting system.

The committee also amended the bill to take effect six months after its approval instead of upon the signing of the bill, if passed.

Most of the 10-page bill’s other provisions were deleted but could be reintroduced before the seven-member Council.

Supporters of the ordinance contend it is needed to safeguard public health and the island’s environment. Opponents have countered that proposed regulations would significantly hamper agribusiness and farming industries operating on Kauai.

The regulations would apply only to large users of restricted-use pesticides or any amount of experimental pesticides. That group includes seed companies Syngeta, Pioneer Hi-Bred International Inc., BASF Corp. and Dow AgroSciences as well as Kauai Coffee, the largest coffee grower in Hawaii.

Kauai has no current law that requires companies to disclose the amounts of toxic chemicals they use daily. Bill sponsor Gary Hooser has said he wants to change that to ease concerns about human health and the vitality of the island’s land.

Seed companies and others have countered that their operations are monitored by the U.S. Department of Agriculture, Environmental Protection Agency, and the Food and Drug Administration.

Councilman Mel Rapozo, who cast the only dissenting vote during the committee meeting, said while he backs provisions linked to disclosure and buffer zones, he questions whether the proposal oversteps the county’s authority.

He suggested that the county address pesticide and GMO matters in tandem with the state.

Gov. Neil Abercrombie has said the state will create standards and guidelines for seed companies to voluntarily disclose the types of restricted pesticides they use and will set up buffer zones near schools and hospitals.

Also, earlier this year, Abercrombie signed Act 105, which requires the state Department of Agriculture to post certain information regarding restricted-use pesticides on its website.