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Federal Court Declares Kauai County Ordinance Restricting Use of Pesticides, GMOs Invalid

Aug 28, 2014

The Kauai County Ordinance restricting the use of pesticides and GMOs has been declared invalid.

Last July, ASA urged the rejection of the proposed county ordinance that would, among other things, place a ban on the use and production of products derived from biotechnology, as well as ban the open air testing of pesticides and place stringent restrictions on the use of pesticides in certain settings.

ASA stated that Hawaii is a critical research market for seed and technology providers that serve the soybean industry as well as other industries within agriculture and the law would slow the development of higher-yielding, pest-resistant and more nutritious crops.

This week, a federal judge declared the law preempted by state law and unenforceable by the county.

ASA stated previously that the law’s passage would have a negative impact on the ability of seed and technology companies to develop both conventional and biotechnology crops and on farmer access to improved seed technologies.