HAR 4-66 — PESTICIDES (§ 4-66-1 to 4-66-67)

(a) In proposing enforcement actions, the department may use the enforcement action and penalty assessment schedule dated, which is appended at the end of this chapter and made a part of this section by reference. In selecting an appropriate penalty, the department shall consider…

40 CFR section 156.10(g)(1) (2017) is incorporated in this section. Notes Haw. Code R. § 4-66-10 [Eff. 7/13/81; comp DEC 16 2006] (Auth: HRS §§ 149A-15, 149A-33, 40 CFR §156.10) (Imp: HRS §§ 149A-15, 149A-33, 40 CFR §156.10) Am and comp 8/23/2019

40 CFR section 156.10(g) (2) (i) to (ii) (2017) is incorporated in this section. Notes Haw. Code R. § 4-66-11 [Eff. 7/13/81; comp DEC 16 2006] (Auth: HRS §§ 149A-15, 149A-33, 40 CFR §156.10) (Imp: HRS §§ 149A-15, 149A-33, 40 CFR §156.10) Am and comp 8/23/2019

40 CFR section 156.10(g)(3) (2017) is incorporated in this section. Notes Haw. Code R. § 4-66-12 [Eff. 7/13/81; comp DEC 16 2006] (Auth: HRS §§ 149A-15, 149A-33, 40 CFR §156.10) (Imp: HRS §§ 149A-15, 149A-33, 40 CFR §156.10) Am and comp 8/23/2019

40 CFR section 156.10(g) (4) (2017) is incorporated in this section. Notes Haw. Code R. § 4-66-13 [Eff. 7/13/81; comp DEC 16 2006] (Auth: HRS §§ 149A-15, 149A-33, 40 CFR §156.10) (Imp: HRS §§ 149A-15, 149A-33, 40 CFR §156.10) Am and comp 8/23/2019

40 CFR section 156.10(g)(5) (2017) is incorporated in this section. Notes Haw. Code R. § 4-66-14 [Eff. 7/13/81; comp DEC 16 2006] (Auth: HRS §§ 149A-15, 149A-33, 40 CFR §156.10) (Imp: HRS §§ 149A-15, 149A-33, 40 CFR §156.10) Am and comp 8/23/2019

40 CFR section 156.10(g)(6) (2017) is incorporated in this section. Notes Haw. Code R. § 4-66-15 [Eff. 7/13/81; comp DEC 16 2006] (Auth: HRS §§ 149A-15, 149A-33, 40 CFR §156.10) (Imp: HRS §§ 149A-15, 149A-33, 40 CFR §156.10) Am and comp 8/23/2019

4 0 CFR section 156.10(g)(7) (2017) is incorporated in this section. Notes Haw. Code R. § 4-66-16 [Eff. 7/13/81; comp DEC 16 2006] (Auth: HRS §§ 149A-15, 149A-33, 40 CFR §156.10) (Imp: HRS §§ 149A-15, 149A-33, 40 CFR §156.10) Am and comp 8/23/2019

40 CFR section 156.60 (2017) is incorporated in this section. Notes Haw. Code R. § 4-66-17 [Eff. 7/13/81; am and comp DEC 16 2006] (Auth: HRS §§ 149A-15, 149A-33, 40 CFR §156.60) (Imp: HRS §§ 149A-15, 149A-33, 40 CFR §156.60) Am and comp 8/23/2019

40 CFR sections 156.62, 156.64, 156.66, and 156.68 (2017) are incorporated in this section. Notes Haw. Code R. § 4-66-18 [Eff. 7/13/81; am and comp DEC 16 2006] (Auth: HRS §§ 149A-15, 149A-33, 40 CFR §§156.60 - 156.68) (Imp: HRS §§ 149A-15, 149A-33, 40 CFR §§156.60 - 156.68) Am a…

40 CFR sections 156.70 and 156.78 (2017) are incorporated in this section. Notes Haw. Code R. § 4-66-19 [Eff. 7/13/81; comp DEC 16 2006] (Auth: HRS §§ 149A-15, 149A-33, 40 CFR §§156.70, 156.78, 156.80 and 156.85) (Imp: HRS §§ 149A-15, 149A-33, 40 CFR §§ 156.70, 156.78, 156.80 and…

(a) Beginning January 1, 2 019, no person shall apply a restricted use pesticide on or within one hundred feet of a school property during normal school hours. (b) This section shall not apply to whole structure fumigation. (c) If this section is determined to conflict with any p…

40 CFR section 156.10(i)(1)(i) (2017) is incorporated in this section. Notes Haw. Code R. § 4-66-20 [Eff. 7/13/81; am and comp DEC 16 2006] (Auth: HRS §§ 149A-15, 149A-33, 40 CFR §15, 6.10) (Imp: HRS §§ 149A-15, 149A-33, 40 CFR §156.10) Am and comp 8/23/2019

40 CFR section 156.10(i)(1)(ii) (2017) is incorporated in this section. Notes Haw. Code R. § 4-66-21 [Eff. 7/13/81; am and comp DEC 16 2006] (Auth: HRS §§ 149A-15, 149A-33, 40 CFR §156.10) (Imp: HRS §§ 149A-15, 149A-33, 40 CFR §156.10) Am and comp 8/23/2019

40 CFR section 156.10(i) (1) (iii) (A) to (C) (2017) is incorporated in this section. Notes Haw. Code R. § 4-66-22 [Eff. 7/13/81; am and comp DEC 16 2006] (Auth: HRS §§ 149A-15, 149A-33, 40 CFR §156.10) (Imp: HRS §§ 149A-15, 149A-33, 40 CFR §156.10) Am and comp 8/23/2019…

40 CFR section 156.10(i) (2) (2017) is incorporated in this section. Notes Haw. Code R. § 4-66-23 [Eff. 7/13/81; am and comp DEC 16 2006] (Auth: HRS §§ 149A-15, 149A-33, 40 CFR §156.10) (Imp: HRS §§ 149A-15, 149A-33, 40 CFR §156.10) Am and comp 8/23/2019

40 CFR section 156.10(j) (2017) is incorporated in this section. The federal term "General use" in 40 CFR section 156.10(j) (2017) is replaced by the indicated state term, as incorporated and amended in this section: "General use" is replaced with the state term "nonrestricted". …

Notes Haw. Code R. § 4-66-25 Eff. 7/13/81; R R 12/16/06

40 CFR section 156.10(j) (2) (2017) is incorporated in this section. 40 CFR section 156.10(j) (2) (i) (B) (2017) is replaced by the indicated paragraph, as incorporated and amended in this section: "Directly below this statement on the front panel, a summary statement of the term…

40 CFR section 156.10(a) (2) (2017) is incorporated in this section. The federal terms "Act" and "Regulation" in 4 0 CFR section 156.10(a) (2) (2017) are supplemented with the indicated state terms, as incorporated and amended in this section: (1) "Act" includes the Hawaii Pestic…

40 CFR section 156.10(a) (3) (2017) is incorporated in this section. The federal term "Agency" in 40 CFR section 156.10(a)(3) (2017) is supplemented with the indicated state term, as incorporated and amended in this section: "Head" means the administrative head of the division of…

40 CFR section 156.10(a)(4)(i) to (ii) (2017) is incorporated in this section. The federal term "Act" in 40 CFR section 156.10(a) (4) (i) to (ii) (2017) is supplemented by the indicated state term, as incorporated and amended in this section: "Act" includes the Hawaii Pesticides …

The head may take any action as may be necessary in the administration and enforcement of the Act, these rules, and the penalty provisions as provided by law. Notes Haw. Code R. § 4-66-3 [Eff. 7/13/81; am and comp DEC 16 2006] (Auth: HRS § 149A-33) (Imp: HRS § 149A-33) Am and com…

(a) 40 CFR section 156.10(a)(5) (2017) is incorporated in this section. (b) The federal terms "Act" and "Regulation" in 40 CFR section 156.10(a) (5) (2017) are supplemented with the indicated state term, as incorporated and amended in this section: (1) "Act" includes the Hawaii P…

(a) 40 CFR section 156.10(a)(6)(i) to (ii) (2017) is incorporated in this section. (b) The federal terms "Agency" and "Registration" in 40 CFR section 156.10(a)(6)(i) to (ii) (2017) are supplemented with the indicated state term, as incorporated and amended in this section: (1) "…

(a) A pesticide or pesticide use classified for restricted use under FIFRA shall be classified as a State restricted use pesticide. (b) Any pesticides or pesticide uses that meet or exceed any of the following criteria shall be a candidate for State restricted use classification:…

(a) Any manufacturer, packer, seller, distributor, or shipper of a pesticide may apply to license a pesticide. (b) No person may distribute in the State, any pesticide that is not licensed with the department, except for the following:(1) Pesticides transferred between EPA regist…

The procedures for licensing pesticides, or approval of nonchemical pest control devices as defined in chapter 460J, Hawaii Revised Statutes, are as follows: (1) Applications shall be filed by the applicant or by an agent whom the applicant has designated as such by a notarized l…

(a) Licenses shall become effective on the date issued and, unless canceled by the head, shall continue in effect through the date of expiration. (b) Pesticide products are to be licensed for a period of three years. All licenses shall expire on December 31 of each third year aft…

(a) The head shall require the licensee to make necessary changes should the labeling claims' of the pesticide be unwarranted, or if the pesticide and its labeling or other material required to be submitted do not comply with the Act or these rules, or when necessary to prevent a…

(a) The head may register pesticide products for special local needs. All applicants for registration of pesticides to meet special local needs shall submit the following information:(1) The name and address of the applicant and any other person whose name shall appear on the lab…

(a) Under the following circumstances, prior to issuing a special local need registration, the head shall determine that use of the product for which registration is sought would not cause unreasonable adverse effects on humans or the environment, when used in accordance with lab…

(a) The head shall review the proposed labeling submitted with the application to determine compliance subject to the following* requirements: (1) A copy of the final printed labeling shall be reviewed by the head as soon as practicable after a registration is issued in order to …

(a) Title 40, part 156, Code of Federal Regulations (CFR), published by the Office of the Federal Register, as amended as of July 1, 2 017, is made a part of this chapter subject to the substitutions and amendments set forth in sections 4-66-4 to 4-66-31. 40 CFR part 156 (2017), …

(a) As part of the registration of any part or use, the head shall classify the product or product use consistent with section 4-66-32. (b) A product or product use thereof registered by the head shall be classified by the head for restricted use if the product is identical or si…

(a) Within ten working days from the date of issuance of amendments or revocation of a registration, the head shall notify EPA in writing, of the action Notification of registrations, or amendments thereto, shall include the confidential statements of the formula of any new produ…

Notes Haw. Code R. § 4-66-42 Eff. 7/13/81; R DEC 16 2006

(a) As allowed by law, the head may enter any place or conveyance where pesticides or nonchemical pest control devices are manufactured, stored, packed, delivered for transportation, transported, offered for sale or sold, and may inspect and take samples of the pesticides and non…

Publication of judgments of the courts in cases arising under the criminal or seizure provisions of the Act or these rules, and any final order issued by the department for violation of the Act or these rules, may be made in the form of notices, circulars, or bulletins as the hea…

Experimental use permits may be issued for the intrastate shipment, delivery or use of a pesticide product that is to be tested further to determine the scope and limitations of its usefulness and the effect of its use on humans and the environment. Permits may be issued for prod…

No permits shall be issued for any of the following: (1) A product containing an active or inert ingredient that is currently subject to an EPA cancellation or suspension of registration order, or that is currently subject to an EPA notice of intent to suspend or cancel registrat…

Upon written notification of the head, no experimental use permit is required for the intrastate shipment or use of a substance or mixture of substances being put through laboratory, enclosed space production, or limited field trials of less than one-fourth acre, in which the fol…

(a) A permit is required for a pesticide intended for experimental use that is not exempt under section 4-66-47. If a pesticide is to be tested for a use, which is likely to result in a residue on or in food or feed, a permit for experimental use may be issued provided: (1) A tol…

(a) The head may limit the quantity of a pesticide covered by an experimental use permit to a lesser quantity than requested if available information on effectiveness, toxicity, or other hazards is not sufficient to justify the scope of experimental use proposed in the applicatio…

40 CFR section 156.10(b)(1) (2017) is incorporated in this section. The federal terms "Administrator" and "Registration" in 40 CFR section 156.10(b)(1) (2017) are supplemented with the indicated state term, as incorporated and amended in this section: (1) "Administrator" includes…

At specific intervals to be prescribed by the head, the experimental use permittee shall submit periodic reports to the head regarding the status of the experimental program. The permittee shall immediately report to the head any incidents of unreasonable adverse effects on the e…

(a) The head shall monitor the testing program if it is determined necessary for protection of the public health and environment. It shall be the responsibility of the permittee or person supervising the experiment to immediately report to the head any incidents or adverse reacti…

(a) Persons who sell restricted use pesticides, pesticides requiring an annual use permit or special permit to apply restricted use pesticides by aerial application, shall obtain a dealer sales permit for that purpose from the department. The dealer sales permit shall expire on D…

(a) Dealers permitted to sell or distribute restricted use pesticides shall keep a record of each sale, distribution, delivery, theft, spill, or any other activity affecting the amount of restricted use pesticides, pesticides requiring an annual permit pursuant to section 4-66-63…

(a) No pesticide shall be stored, displayed, placed for sale or transported where food and food containers, feed, water for human or animal consumption, or any other items are likely to become contaminated and may create a hazard or cause injury to humans, vegetation, crops, live…