The Kauai County Council voted unanimously to “clear the books” of an invalidated county law struck down by the courts that had required biotech companies to disclose pesticide use and regulate the growing of genetically modified organisms.
The council voted 6-0 Wednesday to repeal Ordinance 960 (Bill 2491) in the wake of federal and appellate courts rulings that the measure was preempted by state law. Councilman Arthur Brun, an employee of Syngenta Seeds, recused himself from the vote, and the repeal will now be sent to the mayor for approval.
In 2013, Mayor Bernard Carvalho had supported the intent of Bill 2491 but vetoed it as “legally flawed.” The County Council voted 5-2 to override the mayor’s veto.
Council Chairman Mel Rapozo described Wednesday’s action as a housekeeping measure. “I don’t think we should keep invalidated laws in the county code.”
The ordinance required biotech companies to establish buffer zones and disclose the types of restricted pesticides used in fields. The county law also regulated the use of GMOs.
Former Kauai Councilman Gary Hooser, who co-introduced Bill 2491 with the late Councilman Tim Bynum, said though the courts invalidated the law, it has sparked more public discussions on pesticide use and exposure.
“The issue and the problem has not gone away,” Hooser said, adding that the state must step up and make buffer zones and disclosure of pesticide use mandatory.
In 2014, a federal district court judge ruled in favor of Syngenta, DuPont Pioneer, Dow AgroSciences and BASF, declaring the measure invalid. The 9th U.S. Court of Appeals upheld the ruling in November, also invalidating ordinances on Hawaii island and Maui.
Maui County Clerk Danny Mateo said the approval of a ballot initiative imposing a moratorium on growing and testing GMOs remains “in limbo.”