More time is needed than the allotted nine months to implement a new law that regulates pesticide use and growth of genetically modified organisms by large farm operations on Kauai, according to Mayor Bernard Carvalho Jr.
Carvalho recently presented a tentative timeline to the Kauai County Council of the administration’s efforts to implement Ordinance 960, formerly Bill 2491, by mid-August. The new law gives the administration nine months to establish rules to regulate pesticides and GMOs.
Though the mayor did not support the bill due to legal concerns, Carvalho told the Council his administration will make its best effort to get the job done.
"We are committed to following through with our responsibilities," he said during a Council meeting Dec. 18.
In mid-November the Council overrode Carvalho’s veto on the measure, stating the new law is necessary to address community concerns of pesticide exposure because the state has long failed to do so. Under the new law, agribusinesses are required to disclose the types of pesticides they spray on their fields and establish no-grow zones near schools, dwellings, medical facilities, roadways, shorelines and waterways.
The new law affects Syngenta, DuPont Pioneer, Dow AgroSciences, BASF and Kauai Coffee, the largest coffee grower in the state.
During the Council meeting, Carvalho told members it takes a year or more to complete the rule-making process. Deputy County Attorney Mauna Kea Trask said he has met with various community members so far, including Fern Rosenstiel of ‘Ohana o Kauai and Jerry Ornellas, president of the Kauai County Farm Bureau, to familiarize them with the rule-making process.
Carvalho said, "We’re trying to work with all groups, from farmers to nonfarmers."
The first draft of the administrative rules is expected to be completed by Feb. 28 and finalized in April. Officials plan to submit a small-business impact statement to the Small Business Regulatory Review Board and hold a public hearing on the draft rules June 19.
The Office of Economic Development will have 30 days to either recommend approval or changes in the rules to the mayor.