A Kauai County Council committee unanimously voted to defer a decision on a bill to regulate pesticide use by large agricultural operations and genetically engineered crops to address legal concerns.
The Economic Development, Agriculture, Sustainability & Intergovernmental Relations Committee put off a decision on Bill 2491 until Sept. 9 after testimony Monday by scientists, state officials and attorneys who raised legal concerns.
"My hope is, as we learn more about these issues, we’ll amend the bill accordingly," said committee Chairman Gary Hooser, who co-introduced the bill with Councilman Tim Bynum. The committee is also seeking an opinion on the proposed ordinance from the Department of the Attorney General. Spokeswoman Anne Lopez said the office has yet to receive a letter from the committee.
The proposed ordinance calls for biotech companies on Kauai to disclose the type of pesticides they use; create pesticide-free buffer zones around schools, hospitals and homes; and prohibit open-air testing of experimental pesticides until the county conducts an environmental impact statement.
Controversy over the issue of pesticide use and genetically modified organisms has divided the community. More than 1,000 people attended a public hearing last week where almost 230 people testified. More than 1,700 people submitted written testimony on the bill.
Hooser said the bill was crafted to increase public safety without putting an undue burden on biotech companies.
Attorney Paul Alston, who represents Syngenta, one of four seed companies that operate on Kauai, testified that the state and federal government pre-empt county authority by regulating pesticide use and GMOs and that they would face litigation if the bill passes as written.
Paul Achitoff, managing attorney of Earthjustice’s Mid-Pacific office, testified the pre-emption argument made by attorneys representing biotech companies was not based on sound legal analysis and that they failed to provide case law at Monday’s meeting.
