Hawaii Administrative Code

The production quotas established by this chapter shall not in any way be interpreted to restrict or burden any milk being transported in interstate commerce." Notes Haw. Code R. § 4-60-18 [Eff 7/16/80; am and comp 12/1/85; am and comp 5/1/87] (Auth: HRS § 157-13) (Imp: HRS § 157…

(a) HRS § 157-24(a) is made a part of this section. Upon finding that any grounds for denial exist, the board, prior to rendering a final decision, shall give reasonable notice to all interested parties and afford the license applicant an opportunity for hearing under section 91-…

Licensees shall maintain and make available such records and information as considered necessary by the board. Notes Haw. Code R. § 4-60-3 [Eff 7/16/80; comp 12/1/85; comp 5/1/87] (Auth: HRS § 157-13) (Imp: HRS § 157-26)

(a) The board establishes the following schedule of license fees to be paid by licensees: (1) Each licensed producer shall pay a license fee of 632 of one percent of the gross value on all milk which the licensed producer delivers to a distributor or producer-distributor for proc…

(a) The board establishes the following schedule of license fees to be paid by licensees: (1) Each licensed producer shall pay a license fee of 1.263 per cent of the gross value on all milk which the licensed producer delivers to a distributor or producer-distributor for processi…

Distributors or producer-distributors shall withhold from any payments owing to a producer or producer-distributor for milk received, an amount equal to the license fee determined to be owing from that producer or producer-distributor and shall remit any withheld funds to the bra…

No compensation shall be paid to distributors or producer-distributors for any services rendered in withholding, collecting, and remitting license fees as provided in sections 4-60-4, 4-60-5, and 4-60-6. Notes Haw. Code R. § 4-60-7 [Eff 7/16/80; am and comp 12/1/85; am and comp 5…

The board delegates all of its powers and authority under sections 4-60-4(b), 4-60-5(b), and 4-60-6 to the manager. Notes Haw. Code R. § 4-60-8 [Eff 7/16/80; am and comp 12/1/85; am and comp 5/1/87] (Auth: HRS § 157-13) (Imp: HRS § 157-11)

(a) Minimum prices to be paid by distributors or producer-distributors to producers or producerdistributors for fresh milk produced for sale in the Honolulu milk shed are established on the basis of the utilization for class I milk, class I skim milk, and class II milk as provide…

(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…