Farmers File Federal Complaint against Hawaii County to Protect the Future of Farming

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“Bill 113 will make it illegal to grow some genetically modified (GM) plants, including valuable food and feed crops and flowers. By prohibiting the use of these crops that have been deemed by the government and scientific experts to be perfectly safe, Bill 113 is a direct assault on our ‘right to farm’ and essentially criminalizes those who rely on the tools of modern biotechnology to foster productivity.” “United we stand, divided we fall” Background: Signed into law on December 5, 2013, Hawaii County enacted Bill 113, which imposes a county-wide ban on the development, propagation, cultivation, and open-air testing of most genetically engineered (GE) crops. Plaintiffs represent a broad cross-section of Hawaii Island farmers and related businesses that rely on GE crops, including disease-resistant papaya, as well as technology companies that develop, test, and commercialize valuable, new GE agricultural products. Farmers and Agriculture Associations are standing United; participating in this suit, which seeks to invalidate and enjoin the County of Hawaii from enforcing County Ordinance 13-121 (“Bill 113”). The suit alleges that the bill: 1) is preempted under federal law 2) is preempted under state law 3) violates the Interstate Commerce Clause of the U.S. Constitution 4) presents a regulatory taking in violation of the HI Constitution

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