On Kauai
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Farmers, ranchers and flower growers sued in federal court Monday to challenge Hawaii County’s law severely restricting genetically engineered crops.
The suit claims the law violates the U.S. and Hawaii constitutions and seeks a court order invalidating it.
Plaintiffs of the lawsuit include the Hawaii Floriculture and Nursery Association, the Hawaii Papaya Industry Association, the Big Island Banana Growers Association, the Hawaii Cattlemen’s Council and the Biotechnology Industry Organization.
Bill 113, which took effect in December, restricts the planting of genetically modified organisms to enclosed structures like greenhouses but creates an exemption for papayas and other GMO crops already grown on the island.
In March a Hilo circuit judge granted a temporary restraining order against part of the law, preventing the county from enforcing the law’s registration requirements. An anonymous papaya farmer who sued for the temporary restraining order argued that the requirement could lead to a backlash from anti-GMO activists and having trade secrets stolen after confidential information is released under the law.
Plaintiffs in the latest suit claim the law prevents the testing of orchids, anthuriums, papayas and bananas that are resistant to pests that could cause havoc in those industries. Cattle farmers argue in the suit that the law prevents them from using genetically modified crops as animal feed.
Margery Bronster, one of the plaintiffs’ lawyers, is also seeking to upend Kauai’s anti-GMO law, which restricts pesticides and genetically modified crops.