Federal law does not pre-empt state or local governments from banning genetically engineered crops that have been deregulated by USDA, according to a federal appeals court.
The 9th U.S. Circuit Court of Appeals has reversed an earlier ruling that held Maui County in Hawaii was prohibited from banning commercialized genetically modified organisms in 2014 because the ordinance was pre-empted by federal rules for biotechnology.
Because the USDA lacks jurisdiction over biotech crops once they’re deregulated, there is no conflict between local regulations and federal rules and laws, the 9th Circuit said.
Prohibiting states and local governments from regulating crops that were once considered plant pests would have a “backwards effect” because they can still regulate conventional crops that “raise fewer concerns,” the 9th Circuit held.
“Such a holding would have far-reaching practical effects. Because a large percentage of commercial crops grown in the United States are GE crops, states and counties across the nation would be prevented from regulating an enormous swath of agriculture. We do not believe that Congress so intended,” the ruling said.
Even so, state and local GMO bans cannot apply to biotech crops that remain regulated by USDA, since the agency retains jurisdiction over them until they’re commercialized, the 9th Circuit said.
Source: www.capitalpress.com