GMO preemption conflicts between state and local governments

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Last updated: May 4, 2021

Ballotpedia covers preemption conflicts between state and local governments in several policy areas. Preemption occurs when law at a higher level of government is used to overrule authority at a lower level. This page summarizes preemption conflicts over GMO policy. To learn more about other preemption conflicts, click here.

A genetically modified organism (GMO) is an organism with altered genetic traits. GMOs have been used by food producers to improve the survival rates of crops and increase the shelf life of food. Anti-GMO activists have raised concerns about the impact of genetic modification on plant life and the health effects of consuming food containing GMOs.

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GMO preemption conflicts overview
Year	State	Summary
2016	Oregon	A Josephine County ban on GMOs was struck down by state courts on the grounds that the ban conflicted with a state law prohibiting counties from regulating GMOs.
2015	Hawaii	A federal judge struck down a Maui County GMO moratorium on the grounds that it was preempted by state agriculture laws regulating GMO use.
2015	Oregon	After Jackson County voters approved a GMO ban, farmers filed suit and the county agreed to a settlement.
2014	Hawaii	A federal court struck down a Kauai County law requiring large agricultural operations to report pesticide and genetic engineering on the grounds that it deviated from state law.

2016

Oregon: Josephine County GMO ban overturned in circuit court

Josephine County approved a ban on GMOs with 58 percent of the vote in May 2014. Beet farmers Robert and Shelley Ann White, who said the ban blocked them from planting biotech beets, filed a lawsuit challenging the ban. The Oregon State Legislature had also passed a law in October 2013 prohibiting all counties other than Jackson County, which already had a GMO ban on the ballot when the legislature passed the law, from regulating GMOs.

Oregonians for Safe Farms and Families defended the Josephine County ordinance in court and challenged the Whites' standing to bring suit. Josephine County Circuit Court Judge Pat Wolke dismissed the standing challenge and ruled that the state's law trumped the county's ordinance. "The state law says that the localities may not legislate in this area," he said, "and the voters of Josephine County have attempted to legislate in the exact same area. It is impossible to read the two enactments in harmony; so that the local ordinance must give way."

In September 2017, the Oregon Court of Appeals upheld the circuit court's decision blocking the ordinance.

2015

Hawaii: Maui County GMO moratorium overturned by federal judge

In June 2015, Federal District Court Judge Susan Oki Mollway struck down a moratorium on GMO cultivation passed by voters in Maui County in November 2014. The agriculture company Monsanto and chemical company Dow Chemical had opposed the initiative, arguing that it violated state agriculture laws regulating GMO use. Supporters of the initiative, including the SHAKA Movement, said it was necessary to protect the environment.

Mollway ruled that the county overstepped its authority in banning GMOs but emphasized that her ruling only concerned the legality of the county initiative ordinance. "No portion of this ruling says anything about whether GE organisms are good or bad or about whether the court thinks the substance of the ordinance would be beneficial to the county," she wrote.

On November 18, 2016, the United States Court of Appeals for the 9th Circuit upheld Mollway's decision, ruling that state law preempts local ordinances on GMO regulation.

Oregon: Jackson County ban on GMOs leads to lawsuits, compromises

Voters in Jackson County approved a GMO ban in May 2014. Farmers filed suit over the ban, and the county agreed to a settlement allowing farmers who had planted before the measure was enacted to continue growing certain GMO crops for up to eight years or the end of the crop cycle.

Shannon Armstrong, an attorney for the farmers who sued the county, said of the agreement that, "It protects (the Schulz and Frink farms) from enforcement by the county and the major backers of the ballot measure who are intervenors in the case, and allows them to continue growing their valuable alfalfa crops that were planted before the ordinance was enacted." Commissioner Rick Dyer said, "I applaud the efforts. It seems to be well crafted to protect the interests of the parties involved." Commissioner Colleen Roberts described the settlement as "the best outcome for all involved in the case."

2014

Hawaii: Kauai County GMO reporting requirements nixed by federal judge

In November 2013, the Kauai County Council approved a law requiring large agriculture operations to report any use of pesticides or genetic engineering.

DuPont’s Pioneer Hi-Bred International, Inc., Syngenta Seeds, Agrigenetics, Inc., and BASF Plant Sciences LP filed suit against the law, and it was struck down by District Court Judge Barry Kurren on August 25, 2014. Kurren found that the county did not have the authority to regulate crops.

The United States Court of Appeals for the 9th Circuit upheld Kurren's ruling on November 18, 2016, finding that the state's pesticide law was intended to be "uniform and exclusive of additional, local rules."

See also

Local Politics	2021 Election Analysis	Preemption conflicts
Municipal government Local courts School boards Local ballot measures Local recalls	Municipal elections, 2021 Local court elections, 2021 School board elections, 2021 Local ballot measure elections, 2021 Political recall efforts, 2021	Coronavirus • Energy infrastructure Firearms • GMOs • Labor LGBT • Marijuana Plastic bags Police department budgets Ridesharing Sanctuary jurisdictions • Soda taxes