Juanita Brown Kawamoto has been advocating for state regulation of genetically modified food for years, and she said supporters got their first big break last week when the House Finance Committee passed a bill that would require imported genetically modified produce to carry labels.
"We’ve been waiting for years for the House to actually allow this to move forward," said Brown Kawamoto, vice chairwoman of the Food and Farm Sustainability Committee of the Environmental Caucus of the Democratic Party of Hawaii. "This is something that’s been long-awaited, and we got something really key to happen. To me it’s momentous."
A battle has waged at the state Capitol for years between corporations, some farmers and businesses that stand behind the Food and Drug Administration’s determination that genetically modified organisms, or GMOs, do not need cautionary labeling, and environmental groups, organic farmers and community members who strongly believe biologically engineered food is harmful for people and the environment.
"I think that the public is really demanding that we do more, and so I think it’s our obligation to figure out what it is we can do," said Rep. Jessica Wooley (D, Kaneohe-Kahaluu-Haiku), chairwoman of the House Agriculture Committee.
House Bill 174 as drafted prohibits imported produce containing or produced with genetically engineered material from being sold in the state without a "genetically engineered" label and requires importers of genetically modified produce to label shipping containers as well as each piece of produce.
Eleven of the 17 House Finance Committee members expressed reservations regarding the bill, but no members voted no.
"We have tried to work out some kind of new language, but at this point in time certain portions are beyond us trying to fix it," Rep. Sylvia Luke (D, Punchbowl-Pauoa-Nuuanu), chairwoman of the Finance Committee, said at a hearing last week. "There are concerns in the bill, but I think it is worthwhile for both the proponents and the opponents to continue the discussion."
If approved by the full House this week, the bill would move to the Senate, where it will likely stall.
Senate lawmakers killed seven GMO-related bills this session by not scheduling them for hearings, while the House also killed seven — except HB 174.
Sen. Clarence Nishihara (D, Waipahu-Crestview-Pearl City), chairman of the Senate Agriculture Committee, said he is not planning on hearing the labeling bill because he believes it would violate federal interstate commerce laws.
"By saying any kind of product coming from outside of the state — requiring them to label it when there is no federal law that requires it — I think it would come in conflict with the commerce law because we’re saying, ‘OK, you don’t label it; you can’t sell it here,’" Nishihara said.
Rep. James Tokioka (D, Wailua-Hanamaulu-Lihue) said during the hearing that he questions the bill’s constitutionality and feasibility of implementation, but "to not deal with it would be irresponsible on our part."
He added, "What we’ve also been doing is meeting with the major grocery stores in the state, and we’re looking at them to be the leaders in this."
He noted that Whole Foods inspects and labels GMO and non-GMO products on its own.
"At what point does government get involved?" he said. "I’m not sure yet, but I think if the market and the industry moves in that direction, then it’s good for all of us."
GMO opponents insist that genetically engineered food is harmful to consumers. Many supporters of the bill have questioned the motive of big-name companies, such as Monsanto, that oppose labeling their GMO products.
Three students from University of Hawaii at Manoa’s William S. Richardson School of Law supported the bill during the hearing.
"I’m not a scientist," said Christiaan Mitchell, a second-year law student, after the hearing. "Neither am I in a position to evaluate the evidence. But that’s not what this is about. This is about whether or not we, as citizens of the state of Hawaii, have a right to know whether or not our food is genetically modified. It bothers me that they want to keep this information from us. … If it’s safe, show us that it’s safe."
On its website the FDA says "the agency is still not aware of any data or other information that would form a basis for concluding that the fact that a food or its ingredients was produced using bioengineering is a material fact that must be disclosed," and the American Medical Association announced during its annual meeting in June that it does not believe there is enough scientific evidence to warrant labeling genetically engineered food.
Alicia Maluafiti, executive director of the Hawaii Crop Improvement Association, has strongly opposed the labeling bill because she said labeling GMOs should be handled at the federal level.
"Our opposition on principle is that the states don’t have the expertise or knowledge or resources to mandate the labeling of genetically engineered food," Maluafiti said. "From the FDA to the American Medical Association to the American Association for the Advancement of Science, you name it, all of these entities have said the food is safe, so the question remains, Why do you have to put a label on it if the food has already been deemed safe?"
Rep. Mele Carroll (D, Lanai-Molokai), who sponsored the bill, said consumers have a right to know what they’re eating.
"We should always be concerned because this is our home, and we want to know what we’re eating and what we’re getting because, especially in Hawaii, we import most of our food," she said.
Carroll emphasized that the bill simply arms consumers with more information.
Maluafiti said the industry isn’t trying to hide anything.
"We’re facing an incredible fiscal crisis right now, not just at the state and county level, but at the federal level, and really we don’t need to be burdened with programs that don’t make economic sense," she said.
Despite the failure of California’s Proposition 37 GMO-labeling ballot initiative in November, the labeling movement has momentum across the country.
According to the Center for Food Safety (gefoodlabels.org), lawmakers in Alaska, Arizona, Colorado, Indiana, Missouri, New Hampshire, New York, Oregon, Tennessee, Vermont and Washington have also introduced bills this year related to genetically engineered food. The group states on its website that its main focus is encouraging the FDA to label genetically engineered food.