To:
RE: HB 1226, OPPOSE: Preemption of Local & State Authority for Genetically Modified
My name is Britt Bailey. I am currently a law student at the University of Hawaii?s, William S.
Richardson School of Law. I am also acting director of Environmental Commons, a non-profit
organization dedicated to assisting in sound environmental decision-making. Much of my work
prior to attending law school centered on the issues and concerns raised by the growing of
genetically modified foods (?GMOs?). I do not intend to get into an exhaustive discussion of
those issues, as I would like to focus my testimony on state and local preemption and its effects.
Background:
Preemption bills related to GMOs were first introduced in 2005 after four California counties
passed measures to regulate GMO usage. To date, fifteen states have passed such "preemption
bills" disallowing local governments from regulating GMOs, thus reserving that regulatory
authority for the States. An additional six states have introduced preemption bills though they
have been defeated for various reasons.
Hawaii's GMO preemption bill is very unique. Not only has the author introduced a bill that
removes the regulatory authority of local governments, but also, in its reading, Hawaii will
become the first and likely only state in the country to preempt itself to the federal government.
The only other state to attempt such broad preemption of GMOs to the federal government was
Missouri, home to Monsanto Company. Missouri twice introduced such a bill and twice it failed.
HB1226
According to the puzzling language of HB 1226, the bill would disallow the agricultural agency
from restricting one?s testing, growing, or planting of GMOs as long as a valid permit has been
issued by the federal government. The bill further states a regulatory agency may regulate
GMOs as long as it is in a manner that is considered "not discriminatory." A regulatory action is
deemed "discriminatory" if the action has a regulatory effect on a genetically modified plant
organism that differs from the effect on a similar non-genetically modified plant organism. In a
very round about way, this bill states Hawaii?s agricultural agency can regulate GMOs as long as
you do not regulate them. The very essence of the bill eliminates the state's ability to regulate or
respond in any way to foods that are genetically modified.
In HB1226, Hawaii is considering preempting itself to the federal government just as many
states are embracing regulatory systems for GMOs. In the past ten years, thirty states have
passed laws providing special regulation or oversight for GMOs apart from their conventional
counterparts. The bills range from protecting farmers who choose to use or not use the
technology, providing labeling, prohibiting certain types of crops such as GMO-based
