Hawaii Administrative Code

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…

(a) Pesticides and empty containers shall be disposed of in accordance with label directions and, if applicable, at a facility authorized to accept solid waste pursuant to chapter 11-58.1, Hawaii Administrative Rules, or in accordance with chapter 11-262.1, Hawaii Administrative …

(a) No person shall apply restricted use pesticides unless certified in the category appropriate to the application or under the direct supervision of a certified applicator certified in the appropriate category. An applicator applying restricted use pesticides shall be certified…

(a) Applicants for certification shall be at least eighteen years of age and shall possess a history of honesty, truthfulness, financial integrity and fair dealing. Such personal history shall be based on information obtained intra-departmentally, interdepartmentally, and/or thro…

In addition to satisfying the requirements of section 4-66-57, applicants for certification shall demonstrate through written examinations practical knowledge of the principles and practices of pest control and proper and effective use of restricted use pesticides for each partic…

Notes Haw. Code R. § 4-66-59 Eff. 7/13/81; R DEC 16 2006 The amended version of this section by Hawaii Administrative Rules Listing of Filings, 2017-01, November, eff.11/3/2017 is not yet available.

40 CFR section 156.10(c) (2017) is incorporated in this section. Notes Haw. Code R. § 4-66-6 [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

(a) The procedures for certifying commercial applicators and renewal of commercial applicator certifications are as follows:(1) For initial certification of commercial applicators and renewal of commercial applicator certificates, the applicant shall be at1least eighteen years of…

A person may apply a restricted use pesticide, provided that: (1) The person is under the direct supervision of an applicator certified in each category applicable to the restricted use pesticide being used. (2) The certified applicator shall give the non-certified applicator use…

(a) Certified pesticide applicators shall keep records of all restricted use pesticide applications at the applicator's principal place of business. (b) These records must be kept for a period of two years and shall be made available for inspection and copying by the head during …

Notes Haw. Code R. § 4-66-63 Eff. 7/13/81; R DEC 16 2006 The amended version of this section by Hawaii Administrative Rules Listing of Filings, 2017-01, November, eff.11/3/2017 is not yet available.

(a) No person shall apply a restricted use pesticide by manned or unmanned aircraft except by special permit issued by the head and under the following conditions and limitations: (1) Application for a special permit to apply restricted use pesticides by aerial application shall …

Notes Haw. Code R. § 4-66-65 Eff. 7/13/81; R DEC 16 2006 The amended version of this section by Hawaii Administrative Rules Listing of Filings, 2017-01, November, eff.11/3/2017 is not yet available.

(a) The head shall set forth and collect fees for licensing of restricted use and nonrestricted use pesticides; permitting of restricted use pesticide dealers and dealer representatives; nonchemical pest control devices submitted for approval; certification of applicators; and, d…

If any section of this chapter is declared unconstitutional, or the applicability thereof to any person or circumstance is held invalid, the constitutionality of the remainder of this chapter and applicability thereof to other persons and circumstances shall not be affected. Note…

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

40 CFR section 156.10(f) (2017) is incorporated in this section. Notes Haw. Code R. § 4-66-9 [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

The objectives of this chapter are to implement the requirements of chapter 150, Hawaii Revised Statutes, and to establish criteria for seed analyses and certification. Notes Haw. Code R. § 4-67-1 [Eff. 7/13/81; comp] (Auth: HRS § 150-22) (Imp: HRS §§ 150-22, 150-23, 150-24, 150-…

Notes Haw. Code R. § 4-67-10 R

Notes Haw. Code R. § 4-67-11 R

Notes Haw. Code R. § 4-67-12 R

Notes Haw. Code R. § 4-67-13 R

Standards for germination of vegetable seeds are found in Table 2, entitled "Germination Standards for Vegetable Seed," dated June 18, 1992 located at the end of this chapter. Notes Haw. Code R. § 4-67-14 [Eff. 7/13/81; am and comp] (Auth: HRS § 150-22) (Imp: HRS §§ 150-22, 150-2…

The standards for seed certification shall conform to the standards established by the Associatiuon of Official Seed Certifying Agencies, November 1979 edition and published in its Certification Handbook Publication No. 23 as amended January 1984. Notes Haw. Code R. § 4-67-15 [Ef…

(a) The fee for purity analyses for all kinds of seed shall be five dollars ($5.00) per analysis. (b) The fee for noxious weed seed examinations for all kinds of seed shall be five dollars ($5.00) per examination. (c) The fee for germination tests for all kinds of seed shall be f…

(a) Application for a seed license shall be made on a form provided by the department (b) The license shall expire on June 30 of each year and may be renewed on or before July 1 of each year. (c) A fee of twenty-five dollars ($25.00) shall be assessed for each license. Notes Haw.…

As used in this chapter: "Inoculant" means a substance containing nitrogen fixing bacteria; "Prohibited noxious weed seed" is seed which is prohibited from being present in agricultural and vegetable seed lots; "Restricted noxious weed seed" is seed which is singly or collectivel…

(a) The following are declared prohibited noxious weed seed: Scientific Name Common Name Acacia mearnsii black wattle Acaena novae-zelandiae New Zealand bur, piripiri Acroptilon repens Russian knapweed Aegilops triuncialis barb goatgrass Aeschynomene indica Kat sola, Indian joint…

No person shall sell, offer, or expose for sale within the State, for planting purposes, agricultural or vegetable seed: (1) Consisting of or containing prohibited noxious weed seed; or (2) Consisting of or containing more than 32 seeds of restricted noxious weed seed singly or c…

(a) Each container of agricultural or vegetable seed sold or offered for sale within the State for planting purposes shall bear, or have attached in a conspicuous place, a plainly written or printed label or tag in the English language giving the following information:(1) The nam…

The limitation on the date of test for agricultural and vegetable seed shall be extended to thirty-six months when all of the following conditions have been met: (1) the seed was packaged in a hermetically-sealed container which does not allow water vapor penetration through any …

Notes Haw. Code R. § 4-67-7 R

The tolerance to be applied in all seed testing procedures shall be as adopted by the Association of Official Seed Analysts, "Rules for Testing Seeds,: Vol. 12, No. 3, 1988, revised 1989, 1990 or, if no applicable tolerance is provided therein, as published in the Federal Seed Ac…

Notes Haw. Code R. § 4-67-9 R

The objectives of this chapter are to implement the requirements of chapter 152, Hawaii Revised Statutes, and to establish criteria for designation, control, or eradication of noxious weeds. Notes Haw. Code R. § 4-68-1 [Eff. 7/13/81; comp] (Auth: HRS § 152-2) (Imp: HRS §§ 152-3, …

(a) The head shall direct a continuous program of study and evaluation of potential noxious weed species. (b) Study and evaluation of a specific plant species may be initiated by the head or upon request by other governmental agencies or private organizations. (c) When sufficient…

(a) The head may ecommend to the board the designation of a certain locality, an island, a group of islands, or the entire State as being free or relatively free of a specific noxious weed when the head determines that: (1) Infestation of the specific noxious weed is not known to…

There shall be four forms of cooperative agreements as set forth in § 4-68-13 to § 4-68-16, for the purpose of initiating noxious weed control or eradication projects. Notes Haw. Code R. § 4-68-12 [Eff. 7/13/81; comp] (Auth: HRS § 152-2) (Imp: HRS § 152-6)