Chapter 149A — Chapter 149A

PART I. GENERAL PROVISIONS §149A-1 Short title. This chapter may be cited as the "Hawaii Pesticides Law". [L 1972, c 58, pt of §1; ree L 1975, c 126, pt of §1]

PART II. PESTICIDE LICENSING AND SALE §149A-11 Prohibited acts. (a) Except as otherwise exempted in section 149A-12, it shall be unlawful for any person to distribute, solicit, sell, offer for sale, hold for sale, transport, deliver for transportation, or receive and having so re…

§149A-12 Exemptions. (a) The prohibitions of section 149A-11(a) shall not apply to: (b) No article shall be deemed in violation of this chapter when intended solely for export to a foreign country, and when prepared or packed according to the specifications or directions of the p…

§149A-13 Procedure for licensing pesticides. (a) Any pesticide which is received, used, sold, offered for sale, or distributed within this State shall be licensed by the board. Any pesticide product which has been sold in this State but for which the license is not renewed can be…

§149A-13.5 Pesticide use revolving fund; pesticide training workshops; training fee. (a) There is established within the treasury of the State, a pesticide use revolving fund. The fund shall be administered by the department for the purposes of this section. The fund shall consis…

§149A-14 Refusal, cancellation, or suspension of the license. (a) The department may refuse to license a pesticide when it has been determined that: (b) To protect the health and environment, the department may, after hearing, cancel the license of a pesticide. This cancellation …

§149A-15 Labeling requirements. Each container of pesticides shall bear or have attached in a conspicuous place, a plainly written or printed label in the English language providing the following information:

§149A-16 Coloration of certain pesticides. The department may require, by rule, the distinct coloration of certain pesticides as the EPA determines or, for a product registered pursuant to section 149A-19(a)(6), as the department determines to be necessary to protect public healt…

§149A-17 Sales, permit, and record. In addition to licensing requirements applicable to pesticides, every person who sells or distributes restricted use pesticides shall obtain an annual permit from the department. Conditions, procedures, and fees for the permit shall conform to …

§149A-18 Denial, suspension, or revocation of permit. The department may deny issuance of a permit to sell a restricted use pesticide for reasonable cause. Any permit issued pursuant to rules adopted under section 149A-17 may be suspended or revoked by the department, after due h…

§149A-19 Determination; rules; uniformity. (a) The board, after having afforded interested and affected parties an opportunity to be heard and, in instances in which human health is affected, after consultation with the director of health, shall adopt rules to: (b) The board, aft…

§149A-2 Definitions. As used in this chapter, unless the context clearly requires otherwise: "Active ingredient" means: "Adulterated" means any pesticide if its strength or purity falls below the professed standard of quality as expressed on its labeling under which it is sold, o…

§149A-20 Seizures; "stop-sale" and "removal from sale" orders. (a) Any pesticide or device that is distributed, sold, offered for sale, transported, or delivered for transportation in violation of this chapter, may be seized. Any pesticide product or device seized hereunder shall…

§149A-21 Enforcement. (a) If it appears that a pesticide or device fails to comply with this chapter, the department may refer the facts with a copy of the results of the analysis or the examination of the pesticide product or device to the appropriate governmental agency for pro…

§149A-22 Authority. The board shall have authority to adopt rules, as necessary, consistent with section 5(f) and section 24(c) of FIFRA, to develop and implement state programs for registration of pesticides for special local needs and issuance of experimental use permits. [L 19…

§149A-23 Cooperation. The department may cooperate or enter into agreements with any other agency of the State or any agency of the federal government for the purpose of carrying out this chapter and securing uniformity of rules. [L 1972, c 58, pt of §1; am L 1975, c 126, pt of §…

§149A-3 Delegation of duties. All authority vested in the board or chairperson by virtue of this chapter may with like force and effect be exercised by those employees of the department as the board or chairperson may from time to time designate for the purpose. [L 1972, c 58, pt…

PART III. PESTICIDE USE §149A-31 Prohibited acts. No person shall:

§149A-32 REPEALED. L 1985, c 131, §2.

§149A-32.5 Cancellation or suspension of pesticide uses. Notwithstanding any law, rule, or executive order to the contrary, the chairperson of the board of agriculture and biosecurity, in consultation with the advisory committee on pesticides and also with the approval of the dir…

§149A-33 Rules. The department shall have the authority to carry out and effectuate the purpose of this chapter by rules, including but not limited to the following:

§149A-34 Denial, suspension, or revocation of certificate. The department may deny issuance of a certificate for reasonable cause. Any certificate issued pursuant to rules adopted under section 149A-33(1) may be suspended or revoked by the department, after hearing, for violation…

§149A-35 Cooperation. The department is authorized and empowered to cooperate with and enter into agreements with any agency of the State, the federal government, or any other agency for the purpose of carrying out this chapter. The University of Hawaii cooperative extension serv…

§149A-36 Authority to inspect. The department or any authorized representative or employee of the department may enter upon any public or private property, according to law at any reasonable time to examine and inspect application methods and equipment, to examine and collect sam…

§149A-37 Exemptions. (a) Exemption from this chapter may be granted by the department to the University of Hawaii and other state and federal agencies for experimental or research work directed toward obtaining knowledge of the characteristics and proper usage of unspecified or e…

§149A-38 REPEALED. L 1975, c 126, pt of §1.

§149A-4 Effect of chapter on department of health. Nothing in this chapter shall be construed to amend or alter the functions, duties, and powers of the department of health relative to chapters 321, 322, 328, and 330. [L 1972, c 58, pt of §1; am L 1975, c 126, pt of §1]

PART IV. VIOLATIONS, WARNING NOTICE, AND PENALTIES §149A-41 Violations, warning notice, and penalties. (a) Warning notice. Any person who violates this chapter or any rule issued under this chapter may upon the first violation be issued a written warning notice citing the specifi…

PART V. ADVISORY COMMITTEE §149A-51 Advisory committee. (a) There shall be an advisory committee on pesticides composed of but not limited to the chairperson, or the chairperson's designated representative, who shall head the committee and one representative each from the departm…

[PART VI. MISCELLANEOUS PROVISIONS] §149A-52 Severability. If any provision 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 t…

§149A-53 Applicability of chapter 91. The board shall, in the administration of this chapter, conform to the provisions of chapter 91. [L 1972, c 58, pt of §1; HRS §149A-43; ren L 1975, c 126, pt of §1]