Hawaii Governor David Ige has signed a bill that will ban the use of chlorpyrifos in the state beginning January 1, 2019. The law allows users of the pesticide to apply for a temporary permit allowing its use until December 31, 2022, and prohibits the use of pesticides near schools during normal school hours. The bill was passed in May 2018 by a unanimous Hawaii legislature.
Tag Archives Hawaii
The Hawaii Legislature has passed a bill banning the use of pesticides containing chlorpyrifos and prohibiting restricted-use pesticides near schools. The legislation would prohibit the use of chlorpyrifos beginning January 1, 2019, but allow for the grant of temporary extensions through 2022. Hawaii's Department of Agriculture will also be required to produce a summary of pesticide use by county. The bill has been forwarded to Governor David Ige for approval.
Two consumers have filed lawsuits against Genki Sushi, Koha Foods and Sea Port Products Corp. alleging they distributed contaminated scallops linked to as many as 206 infections of Hepatitis A. Mauk v. Genki Sushi USA Inc., No. 16-1-1573-08 (Haw. Cir. Ct., filed August 16, 2016); Cuelho v. Genki Sushi USA Inc., No. 16-1-1612-08 (Haw. Cir. Ct., filed August 23, 2016). The plaintiff in one case alleges he was infected with Hepatitis A after eating contaminated scallops, began feeling symptoms that day and ultimately required a seven-day stay in the hospital to recover. The second plaintiff, represented by Bill Marler of Marler Clark, consumed allegedly contaminated food at Genki Sushi and received a Hepatitis A vaccine after learning of the potential exposure. Both lawsuits pursue strict product liability and negligence claims against the defendants and seek to represent a class of affected plaintiffs. Issue 615
The Ninth Circuit Court of Appeals has rejected as moot an appeal for reconsideration brought by the Shaka Movement in an effort to reestablish a ban on genetically modified organisms (GMOs) approved by voters in Maui County, Hawaii. Robert Ito Farm v. Cty. Of Maui, No. 15-15641 (9th Cir., order entered October 23, 2015). A federal court invalidated the statute in June 2015, finding that the ban exceeded county authority to impose fines. The unsigned appeals court opinion offered no further discussion beyond that the “motion to dismiss this appeal as moot is granted.” Additional information about the lower court’s ruling appears in Issue 571 of this Update. Issue 583
A Hawaii federal court has ruled that a Maui ban on genetically modified organisms (GMOs) is preempted by the Plant Protection Act and therefore invalid. Robert Ito Farm, Inc. v. Cty. of Maui, No. 14-0582 (D. Haw., order entered June 30, 2015). The decision begins with an introduction clarifying that the court recognizes the importance of the questions of whether GMOs pose risks, noting, “This order is not an attempt by this court to pass judgment on any benefit or detriment posted by [genetic engineering (GE)] activities or GMOs.” The Maui prohibition on GMO cultivation or propagation passed in November 2014 and supporters of the initiative filed a lawsuit for a declaratory judgment shortly thereafter. Detractors then filed a lawsuit the following day seeking to invalidate the ban. After disposing with preliminary motions filed by a supporter organization, Shaka Movement, the court turned to the issue of preemption. The federal…
A Hawaii state court has reportedly ordered Hawaii County not to publicly disclose the identity and specific location of farms that grow genetically modified (GM) papayas. While the order apparently allows the county to maintain registration information under a December 2013 law that also prohibited open-air use and testing of GM crops, the court agreed with two GM papaya growers that the registration program lacked clear rules as to information that could be released to the public. According to a news source, the growers are concerned about vandalism or other economic harms. The court’s preliminary injunction states that releasing information about specific farm locations would not “protect farmers of nongenetically engineered crops” due to a “limited” cross-pollination risk and because GM papayas are not prohibited. A Kohala councilwoman reportedly expressed satisfaction with the ruling and contended that the general location of farms could still be made public under the injunction.…
According to a news source, the Hilo, Hawaii, Circuit Court has granted the request of an anonymous papaya farmer to stay the March 5, 2014, deadline imposed by Hawaii County for growers of genetically engineered (GE) crops to register or face a $1,000 penalty per day. Doe v. Cty. Of Hawaii, No. 14-1-0094 (Hawaii Cir. Ct., order entered March 7, 2014). According to the farmer, who is among those raising GE papaya, which resists a devastating ringspot virus, the registration requirement “provides a roadmap for extremists who wish to target GE growers, identifying exactly who to target and where to target them.” The farmer contends that he and other GE farmers in Hawaii County “have been the target of a highly disturbing pattern of vandalism, intimidation, and extremism” and that the perpetrators “have destroyed hundreds of thousands of dollars of GE crops.” See Law360, March 10, 2014. Issue 517
The Hawaii Senate has introduced legislation (S.B. 2693) that would prohibit the sale of regular soft drinks and sugar-sweetened beverages (SSBs) in containers larger than 16 ounces. Noting that obesity is an increasingly “common and costly problem for the state,” and claiming that limiting the intake of sugar-sweetened beverages would “encourage healthier diets in the community, while offsetting economic costs associated with health care and obesity,” the bill specifically seeks to ban food establishments from (i) selling, offering for sale or providing SSBs in unsealed containers larger than 16 ounces and (ii) selling children’s meals that include such beverages. Issue 511
Two Hawaiian counties have reportedly passed legislation designed to tighten regulations on biotech companies and the planting of genetically modified (GM) crops. After delaying the ballot to appoint a new member as a replacement for Nadine Nakamura, who vacated her seat to become Mayor Bernard Carvalho’s managing director, the Kauai County Council apparently voted 5-2 to override the mayor’s veto of a bill requiring agricultural companies to disclose information about their pesticide use and establishing no-spray zones around schools, residences, medical facilities, roads, and waterways. Slated to take effect in August 2014, the initiative has drawn criticism from seed and biotech companies, which have already considered taking the matter to court. Carvalho has also purportedly warned that the law could be open to challenge under state and federal preemption rules, the state’s Right to Farm Act and provisions in the County Charter. Additional details about the legislation appear in Issue…
The mayor of Kauai County, Hawaii, has vetoed a bill that sought to restrict pesticide use by agricultural companies developing genetically modified (GM) crops on the island. The bill would have required biotechnology crop companies to disclose what pesticides they use and established no-spray zones around schools, residences, medical facilities, roads, and waterways. Although the provision that aimed to restrict the growing of GM crops was eventually removed, seed companies that operate on Kauai reportedly said that the measure would disrupt their operations. Calling the bill “legally flawed,” Kauai County Mayor Bernard Carvalho Jr. purportedly agreed with the intent of the bill but argued instead for a study of the environmental and health impacts of pesticide use on the island. “We can and will find legal means to address these important health and safety issues,” Carvalho said in a statement. Critics reportedly claim that biotech crops contribute to extensive pesticide…
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