Hawaii Revised Statutes 149a. Hawaii Pesticides Law
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
- 149a-2 Definitions.
As used in this chapter, unless the context clearly requires otherwise: "Active ingredient" means: (1) In the case of a pesticide other than a...
- 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...
- 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...
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...
- 149a-12 Exemptions.
(a) The prohibitions of section 149A-11(a) shall not apply to: (1) Any carrier while lawfully engaged in transporting a pesticide within this State, if...
- 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...
- 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...
- 149a-14 Refusal, Cancellation, or Suspension of the License.
(a) The department may refuse to license a pesticide when it has been determined that: (1) The pesticide or its labeling does not comply...
- 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...
- 149a-15.5 Pesticide Information Signs.
(a) Every retailer that sells pesticides to the public shall post a warning sign with respect to the sale of pesticides, pursuant to rules adopted...
- 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-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...
- 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...
- 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,...
- 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...
- 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...
- 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...
- 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...
PART III. PESTICIDE USE
- 149a-31 Prohibited Acts.
No person shall: (1) Use any pesticide in a manner inconsistent with its label, except that it shall not be unlawful to: (A) Apply...
- 149a-31.2 Pesticide Use; Posting Online.
(a) The department shall publish on its website the public information contained in all restricted use pesticide records, reports, or forms submitted to the...
- 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, in consultation with the advisory committee on...
- 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...
- 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...
- 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...
- 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...
- 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...
- 149a-38 Repealed.
L 1975, c 126, pt of §1.
PART IV. VIOLATIONS, WARNING NOTICE, AND PENALTIES
PART V. ADVISORY COMMITTEE
- 149a-51 Advisory Committee.
Part heading amended by L 1975, c 126, pt of §1. §149A-51 Advisory committee. There shall be an advisory committee on pesticides composed of...
PART VI. MISCELLANEOUS PROVISIONS
- 149a-52 Severability.
Part heading added by revisor. §149A-52 Severability. If any provision of this chapter is declared unconstitutional, or the applicability thereof to any person or...
- 149a-53 Applicability of Chapter 91.
Part heading added by revisor. §149A-53 Applicability of chapter 91. The board shall, in the administration of this chapter, conform to the provisions of...
Last modified: October 27, 2016