According to a report due to be published later this week the state of California has issued 14 permits for genetically modified organisms, but banned only one - the GloFish.
The transgenic fish, which glow pink, thanks to a fluorescent protein from a coral, went on sale across the rest of the USA in December 2003, but California banned their sale citing ethical concerns.
The fish are being sold under license from the National University of Singapore (NUS) and have been trademarked under the name GloFish and marketed by Texas-based Yorktown Technologies who are distributing the fish through a couple of major fish suppliers in the USA.
According to KESQ News Channel 3, there has only been one violation of the laws - an aquatic store based in Sacramento who sold banned transgenic green medaka. The owner cooperated with officials and the fish were destroyed.
KLTV says that Yorktown Technologies have been told that they must submit the GloFish to a full environmental impact assessment if they want the fish to go on sale in California.
According to KLTV, the company so far has declined to submit to the review.