Court ruling in Hawaii finds that crop protection is state law

decrease font size  Resize text   increase font size       Printer-friendly version of this article Printer-friendly version of this article

A United States District Court in Hawaii recently reinforced the role of state law in regulating the use of pesticides and biotechnology in an Aug. 25 ruling. CropLife America (CLA), the national trade association for the crop protection industry, is pleased that U.S. Magistrate Judge Barry Kurren decided in favor of plaintiffs in Syngenta Seeds, Inc., et al. v. Kauai County and ruled that Kauai Ordinance 960 is invalid and preempted by Hawaii state law.

Kauai County passed Ordinance 960 in a misguided attempt to regulate five specific growers’ use of pesticides and biotechnology through a county-level ordinance, despite state law established to regulate these modern agricultural tools. Ordinance 960’s requirements placed an undue financial burden on the targeted growers and required disclosure of confidential business information that is protected by Hawaii and federal law. Such public disclosure would have exposed these growers to potential acts of vandalism, trade secret theft and harassment. U.S. Magistrate Judge Kurren rightly recognized the role that the Hawaii Pesticide Law (HPL) plays in regulating pesticides, and that state pesticide law preempts the county-specific Ordinance 960. HPL sets out a uniform platform for regulating pesticide use, which includes establishing the Hawaii Department of Agriculture (HDOA) and the Department of Health (HDOH) as having regulatory authority over pesticide use and enforcement within the state.

“The regulatory system for crop protection products is purposefully robust and protective of human health and the environment,” said Jay Vroom, president and CEO of CLA. “We thank Judge Kurren for recognizing that federal and state statutes are established to help ensure the responsible use of modern farming technologies, including crop protection products and biotechnology.”

Ordinance 960 also attempted to circumnavigate state law regarding the regulation of biotechnology crops. State law vests the HDOA with exclusive rulemaking authority over agricultural research and the regulation of biotechnology.

The agricultural seed industry is a vibrant contributor to the Hawaii economy. According to an economic analysis commissioned by the Hawaii Farm Bureau Federation, the Hawaii seed industry contributes approximately $144 million of economic activity to the state’s economy. This generates $13.8 million in annual taxes to the state, $137 million in annual labor income and more than 2,500 jobs.

“The crop protection industry supports a sound science-based pesticide regulatory system. In addition to being preempted by Hawaii state law, the provisions in Ordinance 960 have no basis in sound science,” noted Rachel Lattimore, senior vice president and general counsel at CLA. “Any further attempts to advance Ordinance 960 would present little more than a waste of government resources.”

For more information about the crop protection industry, visit www.croplifeamerica.org.


Buyers Guide

Doyle Equipment Manufacturing Co.
Doyle Equipment Manufacturing prides themselves as being “The King of the Rotary’s” with their Direct Drive Rotary Blend Systems. With numerous setup possibilities and sizes, ranging from a  more...
A.J. Sackett Sons & Company
Sackett Blend Towers feature the H.I.M, High Intensity Mixer, the next generation of blending and coating technology which supports Precision Fertilizer Blending®. Its unique design allows  more...
R&R Manufacturing Inc.
The R&R Minuteman Blend System is the original proven performer. Fast, precise blending with a compact foot print. Significantly lower horsepower requirement. Low inload height with large  more...
Junge Control Inc.
Junge Control Inc. creates state-of-the-art product blending and measuring solutions that allow you to totally maximize operating efficiency with amazing accuracy and repeatability, superior  more...
Yargus Manufacturing
The flagship blending system for the Layco product line is the fully automated Layco DW System™. The advanced technology of the Layco DW (Declining Weight) system results in a blending  more...
Yargus Manufacturing
The LAYCOTE™ Automated Coating System provides a new level of coating accuracy for a stand-alone coating system or for coating (impregnating) in an automated blending system. The unique  more...
John Deere
The DN345 Drawn Dry Spreader can carry more than 12 tons of fertilizer and 17.5 tons of lime. Designed to operate at field speeds up to 20 MPH with full loads and the G4 spreader uniformly  more...
Force Unlimited
The Pro-Force is a multi-purpose spreader with a wider apron and steeper sides. Our Pro-Force has the most aggressive 30” spinner on the market, and is capable of spreading higher rates of  more...
BBI Spreaders
MagnaSpread 2 & MagnaSpread 3 — With BBI’s patented multi-bin technology, these spreaders operate multiple hoppers guided by independent, variable-rate technology. These models are built on  more...


Comments (0) Leave a comment 

Name
e-Mail (required)
Location

Comment:

characters left


Declining Weigh Blending System

Ranco Declining Weigh (DW) is the standard in fertilizer blending because of the speed and accuracy of the blending process. ... Read More

View all Products in this segment

View All Buyers Guides

Feedback Form
Feedback Form