reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 149A. Hawaii Pesticides Law › 149A-4 Effect of chapter on department of health.

§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]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 149A. Hawaii Pesticides Law › 149A-12 Exemptions.

§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 the carrier, upon request of the chairperson or the chairperson's duly designated officer or employee, permits the officer or employee to copy all records showing the transactions in and movement of the pesticide or device;
(2) Public officials of the State and the federal government engaged in the performance of their official duties in administering state or federal pesticide law or rule;
(3) The manufacturer or shipper of a pesticide intended only for experimental use:
(A) By or under the supervision of an agency of the State or of the federal government authorized by law to conduct research in the field of pesticides;
(B) If the pesticide is not sold and if the container is plainly and conspicuously marked "For Experimental Use Only--Not to be Sold" together with the manufacturer's name and address;
(4) Any person who establishes a guaranty signed by, and containing the name and address of, the licensee or person residing in the United States from whom the person purchased or received in good faith the pesticide in the same unbroken package, to the effect that the pesticide was lawfully licensed at the time of sale and delivery to the person and it complies with the other requirements of FIFRA. In this case the guarantor shall be subject to the penalties which would otherwise attach to the person holding the guaranty under the provisions of FIFRA; and
(5) Any person using or possessing any pesticide as provided by an experimental use permit in effect with respect to that pesticide and that use or possession.
(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 purchaser. If not so exported, all the provisions of this chapter shall apply. [L 1972, c 58, pt of §1; am L 1975, c 126, pt of §1; gen ch 1985; am L 1987, c 310, §4]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 149A. Hawaii Pesticides Law › 149A-13 Procedure for licensing pesticides.

§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 used by the purchaser. However, the product cannot be sold, resold, or distributed within the State before its license is renewed. The licensee shall file with the department a statement including:
(1) The name and address of the licensee and the name and address of the person whose name will appear on the label, if other than the licensee;
(2) The name of the pesticide;
(3) A complete copy of the labeling accompanying the pesticide and a statement of all claims to be made for it, including directions for use; and
(4) If requested by the department, a full description of the tests made and the results thereof upon which the claims are based.
(b) The licensee shall pay $75 for each year, or fraction thereof, that the pesticide is licensed. Licensing fees may be increased or decreased from time to time by rules and may vary according to the amount or quantity of pesticide to be sold, offered for sale, or distributed. The term of the license shall be for a period of up to three years. A license shall expire on December 31 of the third year. In case of renewal of license, a statement shall be required only with respect to information which is different from that furnished when the pesticide was licensed or last relicensed.
(c) When a licensee discontinues the distribution of a pesticide which has been licensed in this State, the licensee will be required to continue licensing of this pesticide until no more remains on the retailer's shelves, or for three years after written notice to the department of the date of discontinuance; provided that the continued sale is not specifically prohibited by the department or the EPA.
(d) The department, whenever it deems necessary in the administration of this chapter, may require the submission of the complete formula of any pesticide. If it appears to the department that the composition of the pesticide is complete as to warrant the proposed claims for it and if the pesticide and its labeling and other material required to be submitted comply with the requirements of section 149A-15, the department shall license the pesticide.
(e) Notwithstanding any other provision of this chapter, licensing of a pesticide is not required in the case of a pesticide shipped from one plant within this State to another plant within this State when both plants are operated by the same person. [L 1972, c 58, pt of §1; am L 1975, c 126, pt of §1; am L 1981, c 33, §3; am L 1985, c 243, §1; am L 1987, c 310, §5; am L 1996, c 281, §2]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 149A. Hawaii Pesticides Law › 149A-14 Refusal, cancellation, or suspension of the license.

§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 with this chapter or the rules adopted under this chapter; or
(2) The licensee fails to comply with the licensing procedures set forth by rules; or
(3) The claims, representations, or other statements on the label are false or misleading; or
(4) The proposed use would result in unreasonable adverse effect on the environment.
(b) To protect the health and environment, the department may, after hearing, cancel the license of a pesticide. This cancellation shall be made after the department has determined that the continued use of the pesticide would result in unreasonable adverse effects on the environment.
(c) If the department determines that action is necessary to prevent an imminent hazard during the time required for cancellation proceedings, the department may suspend the license of a pesticide immediately. The suspension order shall be in effect until the department issues its final order either canceling or denying the cancellation of the license.
(d) The licensee shall be entitled to contest under chapter 91, the determinations of the department relative to refusing, canceling, or suspending a pesticide license. [L 1972, c 58, pt of §1; am L 1975, c 126, pt of §1; am L 1987, c 310, §6]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 149A. Hawaii Pesticides Law › 149A-15 Labeling requirements.

§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:
(1) Name, brand, or trademark under which the pesticide is sold or distributed;
(2) Ingredient statement as specified by rules;
(3) Direction for use which if complied with will adequately protect the health and environment;
(4) Warning or caution statement as specified by rules;
(5) Name and address of the manufacturer, registrant, or person for whom manufactured;
(6) Weight or measure of content;
(7) The EPA registration and establishment numbers; and
(8) Any other labeling requirement as prescribed under FIFRA. [L 1972, c 58, pt of §1; am L 1975, c 126, pt of §1; am L 1987, c 310, §7]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 149A. Hawaii Pesticides Law › 149A-15.5 Pesticide information signs.

§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 by the department; provided that retailers may post the warning sign or place the warning sign at the product display areas.
(b) The department shall adopt rules pursuant to chapter 91 and subsection (a) to require the posting of pesticide warning signs containing but not limited to the following information:
(1) The proper handling, storage, and disposal of all pesticides sold;
(2) Emergency telephone numbers to call in case of poisoning from the pesticides; and
(3) Any other related information the department deems helpful and appropriate for consumers.
The department may also adopt any other rules pursuant to chapter 91 necessary to effectuate this section, including rules relating to the size and placement of warning signs. [L 2007, c 174, §1]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 149A. Hawaii Pesticides Law › 149A-16 Coloration of certain pesticides.

§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 health and the environment. [L 1972, c 58, pt of §1; am L 1975, c 126, pt of §1; am L 1987, c 310, §8; am L 2000, c 154, §3]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 149A. Hawaii Pesticides Law › 149A-17 Sales, permit, and record.

§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 the rules adopted under this section.
All persons permitted to sell restricted use pesticides shall keep records of the individual sales of these pesticides. Records shall be kept at the principal place of business of the permittee for a period specified by the rules and shall be available to the department on request. [L 1972, c 58, pt of §1; am L 1975, c 126, pt of §1; am L 1987, c 310, §9]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 149A. Hawaii Pesticides Law › 149A-18 Denial, suspension, or revocation of permit.

§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 hearing, for violation of any condition of the permit or of any law or rule pertaining to the sale of pesticides.
Any order made by the department for the suspension or revocation of a permit shall be in writing and shall set forth the reasons for the suspension or revocation.
The action of the department in suspending or in revoking a permit may be reviewed in the manner provided by chapter 91. [L 1972, c 58, pt of §1; am L 1975, c 126, pt of §1; am L 1986, c 339, §8; am L 1987, c 310, §10]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 149A. Hawaii Pesticides Law › 149A-19 Determination; rules; uniformity.

§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:
(1) Determine the pesticides that are highly toxic to humans, designate pesticides as restricted use or nonrestricted use, and establish a system of control over the distribution and use of certain pesticides and devices purchased by the consuming public;
(2) Determine standards of coloring for pesticides, and subject pesticides to the requirements of section 149A-16;
(3) Establish procedures, conditions, and fees for the issuance of licenses for sale of restricted use pesticides;
(4) Establish fees for the licensing of pesticides within the limitations of section 149A-13(b);
(5) Establish procedures for the licensing of pesticides;
(6) Establish procedures for the registration of pesticides under provisions of section 24(c), FIFRA;
(7) Establish procedures for the disposal of pesticides; and
(8) Establish procedures to issue experimental use permits under provisions of section 5 of FIFRA.
(b) The board, after public hearing, shall make and adopt appropriate rules for carrying out this chapter, including rules providing for the collection and examination of samples of pesticides or devices.
(c) The board, after public hearing, shall adopt rules applicable to and in conformity with the primary standards established by this chapter or as prescribed by FIFRA with respect to pesticides. [L 1972, c 58, pt of §1; am L 1975, c 126, pt of §1; am L 1981, c 33, §4; am L 1987, c 310, §11; gen ch 1993; am L 2000, c 154, §4]
Case Notes
Discussed: 842 F.3d 669 (2016).
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 149A. Hawaii Pesticides Law › 149A-20 Seizures; "stop-sale" and "removal from sale" orders.

§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, after entry of decree, be disposed of by destruction or sale as the court directs and the proceeds, if the pesticide product or device is sold, less legal costs, shall be paid to the general fund of the State; provided that the pesticide product or device shall not be sold contrary to this chapter; and provided that upon payment of costs and execution and delivery of a good and sufficient bond conditioned that the pesticide product or device shall not be disposed of unlawfully, the court may direct the pesticide product or device to be delivered to the owner thereof for relabeling or reprocessing as the case may be.
(b) The chairperson or the chairperson's authorized agent may issue and enforce a written or printed "stop-sale" or "removal from sale" order to withhold from sale any pesticide or device that is distributed, sold, offered for sale, transported, or delivered for transportation in violation of this chapter. [L 1972, c 58, pt of §1; am L 1975, c 126, pt of §1; gen ch 1985; am L 1987, c 310, §12]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 149A. Hawaii Pesticides Law › 149A-21 Enforcement.

§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 prosecution. A warning notice shall be issued before prosecution proceedings are initiated.
(b) The governmental agency to which any violation is reported may cause appropriate proceedings to be instituted in the appropriate court without delay if so warranted.
(c) The department shall, by publication in such manner as it may prescribe, give notice of all judgments entered in actions instituted under this chapter. [L 1972, c 58, pt of §1; am L 1975, c 126, pt of §1]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 149A. Hawaii Pesticides Law › 149A-22 Authority.

§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 1975, c 126, pt of §1; am L 1987, c 310, §13]
Case Notes
Discussed: 842 F.3d 669 (2016).
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 149A. Hawaii Pesticides Law › 149A-23 Cooperation.

§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 §1; am L 1987, c 310, §14]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 149A. Hawaii Pesticides Law › 149A-25 Definitions.

§149A-25 Definitions.
As used in this part:
"Normal school hours" means Monday through Friday from 7:00 a.m. until 4:00 p.m., excluding days when classes are not in session.
"School" means any public or private preschool, kindergarten, elementary, intermediate, middle, secondary, or high school. [L 2018, c 45, pt of §1]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 149A. Hawaii Pesticides Law › 149A-26 Post-application reporting of pesticide use.

§149A-26 Post-application reporting of pesticide use.
(a) Beginning January 1, 2019, every user of restricted use pesticides shall be subject to the requirement to submit to the department, for departmental use, an annual report of all use of restricted use pesticides as provided in this section.
(b) No later than thirty days following the end of each calendar year, every entity that uses restricted use pesticides shall provide to the department a report of all restricted use pesticides used during the preceding calendar year.
(c) The department shall adopt rules pursuant to chapter 91 requiring that the annual reports include the following information:
(1) A listing, by federal and state registrations or permit numbers, commercial product names, and active ingredients, of all restricted use pesticides used;
(2) The total quantities used for each restricted use pesticide;
(3) A general description of the geographic location, including, at a minimum, the tax map key number, at which the restricted use pesticides were used; and
(4) The date on which the restricted use pesticide application occurred. [L 2018, c 45, pt of §1]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 149A. Hawaii Pesticides Law › 149A-27 Public reports; contents.

§149A-27 Public reports; contents.
The department shall produce a summary, for public disclosure, by county, that includes:
(1) The total quantities used, by federal and state registrations or permit numbers, commercial product names, and active ingredients, for each restricted use pesticide used; and
(2) The amount of area in the county in which the restricted use application occurred. [L 2018, c 45, pt of §1]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 149A. Hawaii Pesticides Law › 149A-28 Buffer zones.

§149A-28 Buffer zones.
Beginning January 1, 2019, no person shall apply a restricted use pesticide on or within one hundred feet of a school property during normal school hours; provided that this section shall not apply to whole structure fumigation; provided further that if this section is determined to conflict with any pesticide application information listed on the pesticide label, the more restrictive provision shall apply. [L 2018, c 45, pt of §1]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 149A. Hawaii Pesticides Law › 149A-31 Prohibited acts.

Case Notes
Discussed: 842 F.3d 669 (2016).
§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 a pesticide at any dosage, concentration, or frequency less than that specified on the label or labeling; provided that the efficacy of the pesticide is maintained; provided further that when a pesticide is applied by a commercial applicator, the deviation from the label recommendations shall be with the consent of the purchaser of the pesticide application services;
(B) Apply a pesticide against any target pest not specified in the labeling if the application is to a crop, animal, or site specified on the label or labeling; provided that the label or labeling does not specifically prohibit the use on pests other than those listed on the label or labeling;
(C) Employ any method of application not prohibited by the labeling;
(D) Mix a pesticide or pesticides with a fertilizer when the mixture is not prohibited by the label or labeling; or
(E) Use in a manner determined by rule not to be an unlawful act;
(2) Use, store, transport, or discard any pesticide or pesticide container in any manner that would have unreasonable adverse effects on the environment;
(3) Use or apply restricted use pesticides unless the person is a certified pesticide applicator or under the direct supervision of a certified pesticide applicator with a valid certificate issued pursuant to rules adopted under section 149A-33(1); provided that it shall be prohibited to use or apply a restricted use pesticide for structural pest control uses for a fee or trading of services, unless the user or applicator is a pest control operator or is employed by a pest control operator licensed under chapter 460J;
(4) Use or apply pesticides in any manner that has been suspended, canceled, or restricted pursuant to section 149A-32.5;
(5) Falsify any record or report required to be made or maintained by rules adopted pursuant to this chapter;
(6) Fill with water, through a hose, pipe, or other similar transmission system, any tank, implement, apparatus, or equipment used to disperse pesticides, unless the tank, implement, apparatus, equipment, hose, pipe, or other similar transmission system is equipped with an air gap or a reduced-pressure principle backflow device meeting the requirements under section 340E-2 and the rules adopted thereunder; or
(7) Beginning January 1, 2019, use or apply any pesticide containing chlorpyrifos as an active ingredient; provided that:
(A) The department shall grant to any person, upon request, a temporary permit authorizing the person, until December 31, 2022, to use or apply a pesticide containing chlorpyrifos as an active ingredient; and
(B) Any person who violates this paragraph shall be subject to a penalty pursuant to section 149A-41. [L 1972, c 58, pt of §1; am L 1975, c 126, pt of §1; am L 1986, c 339, §9; am L 1987, c 167, §1 and c 310, §15; am L 2007, c 71, §3; am L 2018, c 45, §3]
Case Notes
Discussed: 842 F.3d 669 (2016).
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 149A. Hawaii Pesticides Law › 149A-31.2 Pesticide use; posting online.

§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 department, except those records, reports, or forms required by the department for restricted use pesticides used for structural pest control; provided that the department shall not post information on its website protected by section 92F-13.
(b) The department may prepare any forms necessary to meet the requirements of this section. In addition to any other administrative requirements, the department may also require the persons or entities filing pesticide records, reports, or forms to furnish an additional form that shall be suitable for posting online in response to requests pursuant to chapter 92F or title 5 United States Code section 552; provided that the additional form shall not require the disclosure of information protected by section 92F-13.
(c) For the purposes of this section, "structural pest control" means the control of wood-destroying organisms or household pests, including but not limited to moths, cockroaches, ants, beetles, flies, mosquitoes, ticks, wasps, bees, fleas, mites, silverfish, millipedes, centipedes, sowbugs, crickets, termites, or wood borers, including through any one or combination of the following:
(1) The identification of infestations or infections; conducting of inspections; or use of pesticides, including insecticides, repellents, attractants, rodenticides, fungicides, fumigants, and all other substances, mechanical devices, or structural modifications under whatever name known for the purposes of preventing, controlling, and eradicating insects, vermin, rodents, and other pests in household structures, commercial buildings, other structures including household structures, commercial buildings, and other structures in all stages of construction, and outside areas;
(2) All phases of fumigation, including treatment of products by vacuum fumigation; or
(3) The fumigation of railroad cars, trucks, ships, and airplanes. [L 2013, c 105, §2]
Law Journals and Reviews
Poisons in Our Communities: Environmental Justice's Role in Regulating Hawai`i's Biotechnology Industry. 40 UH L. Rev. 155 (2018).
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 149A. Hawaii Pesticides Law › 149A-32.5 Cancellation or suspension of pesticide uses.

§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 pesticides and also with the approval of the director of health, shall suspend, cancel, or restrict the use of certain pesticides or specific uses of certain pesticides when the usage is determined to have unreasonable adverse effects on the environment. In addition to other circumstances which may require a determination as to whether unreasonable adverse effects exist, a determination shall be made:
(1) When residues of the pesticides are detected in drinking water; or
(2) When a use under special local needs registration involves a pesticide for which any use has been suspended or canceled by the EPA. [L 1985, c 131, §1; am L 1987, c 310, §16]
Case Notes
Discussed: 842 F.3d 669 (2016).
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 149A. Hawaii Pesticides Law › 149A-33 Rules.

§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:
(1) To establish fees, procedures, conditions, and standards to certify persons for the use of restricted use pesticides under section 4 of FIFRA;
(2) To establish limitations and conditions for the application of pesticides by aircraft, power rigs, mist blowers, and other equipment;
(3) To establish, as necessary, specific standards and guidelines which specify those conditions which constitute unreasonable adverse effects on the environment;
(4) To establish, as necessary, record keeping requirements for pesticide use by applicators; and
(5) To establish, as necessary, procedures for the issuance of guidelines to specify those conditions that constitute use of a pesticide in a manner inconsistent with its label. [L 1972, c 58, pt of §1; am L 1975, c 126, pt of §1; am L 1979, c 88, §2; am L 1987, c 310, §17]
Case Notes
Discussed: 842 F.3d 669 (2016).
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 149A. Hawaii Pesticides Law › 149A-34 Denial, suspension, or revocation of certificate.

§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 of any condition of the certificate or of any law or rule pertaining to the use of any restricted use pesticide. Any order made by the department for the suspension or revocation of a certificate shall be in writing and shall set forth the reasons for the suspension or revocation. The action of the department in suspending or revoking a certificate may be reviewed in the manner provided by chapter 91. [L 1972, c 58, pt of §1; am L 1975, c 126, pt of §1; am L 1987, c 310, §18]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 149A. Hawaii Pesticides Law › 149A-35 Cooperation.

§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 service and other educational agencies shall provide educational programs aimed at assisting users and prospective users of pesticides and shall solicit the aid of the department in providing technical assistance and advice on the authorized use of pesticides. [L 1972, c 58, pt of §1; am L 1975, c 126, pt of §1]
Case Notes
Read in the context of the larger statutory scheme of the Hawaii pesticides law, which clearly demonstrated legislative intent to create a uniform system of pesticide regulation administered by the state department of agriculture, the court interpreted this section as authorizing counties to assist in enforcing pesticide regulations established by the State, and not an authorization for counties to issue supplemental regulations on pesticides. 842 F.3d 669 (2016).
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 149A. Hawaii Pesticides Law › 149A-36 Authority to inspect.

§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 samples of plants, soil, and other materials, and to perform any other duty for the purpose of carrying out and effectuating the purposes of this chapter. [L 1972, c 58, pt of §1; am L 1975, c 126, pt of §1]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 149A. Hawaii Pesticides Law › 149A-37 Exemptions.

§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 experimental pesticides. Research and experimental work conducted by private agencies with adequate research facilities may also be similarly exempted upon approval by the department. Approval shall be in writing stating the specific exemptions and conditions.
(b) Any pesticide exempted by the Administrator of the EPA pursuant to Title 7, United States Code, section 136w(b), shall be exempt from this chapter, if the pesticide product meets the terms and conditions of the EPA's exemption, except for pesticides that the department has determined by rule may cause unreasonable adverse effects on the environment. [L 1972, c 58, pt of §1; am L 1975, c 126, pt of §1; am L 2000, c 154, §5]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 149A. Hawaii Pesticides Law › 149A-51 Advisory committee.

Note
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 but not limited to the chairperson, or the chairperson's designated representative, who shall head the committee and one representative each from the department of health, department of land and natural resources, University of Hawaii college of tropical agriculture and human resources, sugar industry, pineapple industry, Hawaii Farm Bureau Federation, pesticide industry, structural pest control industry, an environmental organization, a citizen group, and a landscape professional. Members of the advisory committee shall be appointed by the governor from a list of persons recommended by the respective agencies and industries in accordance with section 26-34. The committee shall advise and assist the department in developing or revising laws and rules to carry out and effectuate the purposes of this chapter and in advising the department in pesticide problems. [L 1972, c 58, pt of §1; HRS §149A-41; ren L 1975, c 126, pt of §1; gen ch 1985; am L 1986, c 282, §1; am L 1987, c 310, §20; am L 2005, c 4, §1]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 149A. Hawaii Pesticides Law › 149A-52 Severability.

Revision Note
Part heading added by revisor pursuant to §23G-15.
§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 to other persons and circumstances shall not be affected. [L 1972, c 58, pt of §1; HRS §149A-42; ren L 1975, c 126, pt of §1]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 149A. Hawaii Pesticides Law › 149A-53 Applicability of chapter 91.

§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]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 150. Seeds › 150-1 to 150-4 OLD REPEALED. §150-1 Short title.

Note
Part heading amended by L 1987, c 164, pt of §2.
§ §150-1 to 150-4 OLD REPEALED.
L 1973, c 69, §3.
§150-1 Short title.
This chapter shall be known and may be cited as the Hawaii Seed Law. [L 1987, c 164, pt of §2]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 150. Seeds › 150-22 Rules.

§150-22 Rules.
Subject to chapter 91, the department may adopt rules with respect to:
(1) Designation of noxious weed seed for the purpose of this chapter;
(2) Maximum amount of noxious weed seed and other weed seed which may be found in agricultural or vegetable seed sold in the State;
(3) Germination standards for agricultural and vegetable seed;
(4) Inspection, sampling, and testing of seed at the request of interested persons, and charges to be made for these services; and
(5) Other requirements regarding the sale and labeling of seed and seed licenses, including the license fee, as it deems necessary to effectuate this chapter.
In adopting rules with respect to standards for agricultural and vegetable seed and tolerances of noxious weed seed, the department shall follow as closely as practicable the standards and tolerances of the Federal Seed Act, or as adopted by the Association of Official Seed Analysts. [L 1945, c 90, pt of §2; RL 1955, §26-6; am L Sp 1959 2d, c 1, §22; am L 1961, c 103 and c 132, §2; HRS §150-22; am L 1979, c 87, §1; am L 1987, c 164, §4; am L 1991, c 73, §2; am L 1992, c 98, §1; am L 2003, c 49, §9]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 150. Seeds › 150-23 Prohibiting sales; germination tests.

§150-23 Prohibiting sales; germination tests.
A person may not sell, offer, or expose for sale within the State any agricultural or vegetable seed for planting purposes if any one or more of the following conditions exist:
(1) The seed has not been labeled in accordance with sections 150-24 and 150-25;
(2) A false or misleading advertisement has been made with respect to the seed;
(3) The amount of noxious weed seed and other weed seed is in excess of tolerances established by rules of the department;
(4) A testing of the seed, to determine the percentages of germination, has not been completed within nine months, exclusive of the calendar month in which the test was completed, before the date of sale or offer or exposure for sale. The department, by rule, may extend the nine-month limitation for seed that has been packaged or processed under conditions that would greatly extend the viability of the seed;
(5) Descriptive words or phrases on labels are not clearly distinguishable from the kind and variety names; or
(6) The seed has a false or misleading label. [L 1945, c 90, pt of §2; RL 1955, §26-7; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §150-23; am L 1973, c 14, §1; am L 1987, c 164, §5; am L 1991, c 73, §3; am L 1992, c 98, §2]
Cross References
Noxious weed control, see chapter 152.
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 150. Seeds › 150-24 Agricultural seed; labels.

§150-24 Agricultural seed; labels.
Each container of agricultural seed that is 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) Commonly accepted name of the kind and variety, or kind and the phrase "variety not stated" of each agricultural seed component in excess of five per cent of the whole, and the percentage by weight of each in the order of its predominance.
(2) Where more than one component is required to be named, the words "mixture" or "mixed" for seed consisting of more than one kind, or "blend" for seed consisting of more than one variety of the same kind.
(3) Lot number or other lot identification.
(4) Percentage by weight of all weed seed.
(5) Name and approximate number of each kind of noxious weed seed to the extent required by rules of the department.
(6) Percentage by weight of agricultural seed other than those required to be named on the label.
(7) Percentage by weight of inert matter.
(8) For each named agricultural seed:
(A) The percentage of germination, exclusive of hard seed;
(B) The percentage of hard seed, if present; and
(C) The calendar month and year the test was completed to determine the percentages.
Following (A) and (B), the additional statement, "total germination and hard seed," may be stated if desired.
(9) Name and address of the person who labeled the seed or who sells, offers, or exposes the seed for sale within the State.
The department, by rule, may require additional information on the label or tag for agricultural seed that is packaged or processed, such as pelleted or coated seed, and sold in specialized containers such as packets, hermetically sealed containers, tapes, or any other innovative method or container. [L 1945, c 90, pt of §2; RL 1955, §26-8; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §150-24; am L 1979, c 87, §2; am L 1987, c 164, §6; am L 1991, c 73, §4]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 150. Seeds › 150-25 Vegetable seed; labels.

§150-25 Vegetable seed; labels.
Each container of vegetable seed that is 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) Name of kind and variety of seed.
(2) For seed which germinates less than the standard established by rules of the department:
(A) Percentage of germination, exclusive of hard seed.
(B) Percentage of hard seed, if present.
(C) The calendar month and year the test was completed to determine the percentages.
(D) The words "below standard" in not less than eight-point type.
(3) Name and address of the person who labeled the seed or who sells, offers, or exposes the seed for sale within the State.
The department, by rule, may require additional information on the label or tag for vegetable seed that is packaged or processed, such as pelleted or coated seed, and sold in specialized containers such as packets, hermetically sealed containers, tapes, or any other innovative method or container. [L 1945, c 90, pt of §2; RL 1955, §26-9; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §150-25; am L 1979, c 87, §3; am L 1987, c 164, §7; am L 1991, c 73, §5]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 150. Seeds › 150-26 Removal from sale.

§150-26 Removal from sale.
Any seed offered for sale in violation of this chapter or any rule adopted thereunder, shall be removed from sale by the vendor upon receiving a stop-sale order from the department. The vendor shall withhold the seed from sale until the violation has been corrected and a written release has been issued by the department. [L 1945, c 90, pt of §2; RL 1955, §26-10; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §150-26; gen ch 1985; am L 1987, c 164, §8; am L 1991, c 73, §6]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 150. Seeds › 150-27 Duties and authority of the department.

§150-27 Duties and authority of the department.
(a) The department may, through its authorized agents and inspectors:
(1) Enter any premises during regular business hours in order to have access to seed and records related to seed subject to this chapter.
(2) Cooperate with the United States Department of Agriculture and other agencies or associations in seed law enforcement.
(3) Enforce a stop-sale order issued to the vendor for any agricultural or vegetable seed in violation of this chapter.
(b) It is the duty of the department to:
(1) Inspect, sample, make analysis of, and test seed to determine whether the seed is in compliance with this chapter.
(2) Inspect records to determine whether the seed is in compliance with this chapter.
(3) Forward to the appropriate party, a report of the analysis and test result, and a stop-sale order if necessary, upon completion of the analysis and test of the seed.
(4) Provide on request, seed testing and analyzing service to any person. [L 1945, c 90, pt of §2; RL 1955, §26-11; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §150-27; am L 1987, c 164, §9; am L 1991, c 73, §7]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 150. Seeds › 150-28 Laboratory and analytical procedure.

§150-28 Laboratory and analytical procedure.
(a) The department shall maintain a properly equipped laboratory for making tests required under this chapter.
(b) The method of sampling and testing of seed shall be based upon the rules for seed testing adopted by the Association of Official Seed Analysts or as published in subchapter K of the Federal Seed Act. [L 1945, c 90, pt of §2; RL 1955, §26-12; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §150-28; am L 1987, c 164, §10]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 150. Seeds › 150-29 Seed licenses.

§150-29 Seed licenses.
A seed license from the department is required of:
(1) Every person whose name and address are required on the label or who imports into the State for sale or resale, agricultural or vegetable seed for planting purposes.
(2) Every person who opens any bag or container of agricultural or vegetable seed and sells the contents for planting purposes within the State.
Application for the license shall be made to the department in accordance with rules adopted by the department. All licenses shall expire on June 30 of each year. [L 1945, c 90, pt of §2; RL 1955, §26-13; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §150-29; am L 1979, c 87, §4; am L 1987, c 164, §11; am L 1991, c 73, §8]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 150. Seeds › 150-30 Disposition of fees and charges.

§150-30 Disposition of fees and charges.
All fees and charges received pursuant to this chapter shall be deposited with the state director of finance to the credit of the general fund. [L 1945, c 90, pt of §2; RL 1955, §26-14; am L 1963, c 114, §1 and c 193, §16; HRS §150-30; am L 1987, c 164, §12]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 150. Seeds › 150-31 Violations; penalties.

§150-31 Violations; penalties.
Every person who violates this chapter or any rule adopted by the department pursuant to section 150-22, shall be fined not less than $100 nor more than $1,000 for the first offense, and not less than $1,000 nor more than $5,000 for each offense thereafter. [L 1945, c 90, pt of §2; RL 1955, §26-15; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §150-31; am L 1987, c 164, §13]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 150A. Plant and Non-Domestic Animal Quarantine and Microorganism Import › 150A-3 Delegation of duties.

§150A-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 such employees of the department as the board or chairperson may from time to time designate for the purpose. [L 1973, c 69, pt of §1; gen ch 1993]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 150A. Plant and Non-Domestic Animal Quarantine and Microorganism Import › 150A-4 Effect on department of land and natural resources and the department of health.

§150A-4 Effect on department of land and natural resources and the department of health.
Nothing in this chapter shall be construed to amend or alter the functions, duties, and powers of the department of land and natural resources and the department of health relative to chapters 171, 183D, 187A, 197, 321, and 328. [L 1973, c 69, pt of §1; am L 1987, c 230, §4 and c 283, §16]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 150A. Plant and Non-Domestic Animal Quarantine and Microorganism Import › 150A-4.5 Pest inspection, quarantine, and eradication fund.

§150A-4.5 Pest inspection, quarantine, and eradication fund.
(a) There is established in the state treasury the pest inspection, quarantine, and eradication fund, into which shall be deposited:
(1) Legislative appropriations for biosecurity and inspection, quarantine, and eradication services;
(2) Service fees, charges, and penalties collected under section 150A-5.3;
(3) Fees imposed for services pursuant to this chapter or rules adopted under this chapter;
(4) Fines for violations of this chapter;
(5) Federal funds received for biosecurity, pest inspection, control, management, quarantine, and eradication programs;
(6) Grants and gifts;
(7) All interest earned or accrued on moneys deposited in the fund; and
(8) Any other moneys made available to the fund.
(b) The moneys in the pest inspection, quarantine, and eradication fund shall be expended by the department for the operation of biosecurity and pest inspection, quarantine, eradication, and monitoring programs; the electronic importer manifest program; related facilities; the execution of emergency remedial measures when pests are detected in the course of inspection and quarantine activities by the department; training of inspectors; education of the agricultural industry, permit and certificate holders, and the general public as to import requirements; and for any other purposes deemed necessary to carry out the purposes of this chapter. In addition, the moneys shall be expended to facilitate the processing and issuance of permits and microorganism import documents and for the operations, activities, and monitoring of permitted and certified plants, animals, and microorganisms. [L Sp 2007, c 9, pt of §1; am L 2008, c 236, §5; am L 2010, c 173, §4; am L 2012, c 127, §2]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 150A. Plant and Non-Domestic Animal Quarantine and Microorganism Import › 150A-5.3 Inspection, quarantine, and eradication service fee and charge.

§150A-5.3 Inspection, quarantine, and eradication service fee and charge.
(a)
There is imposed a fee for the inspection, quarantine, and eradication of invasive species contained in any freight, including marine commercial container shipment, air freight, or any other means of transporting freight, foreign or domestic, but not including aggregate bulk freight, cement bulk freight, coal bulk freight, or liquid bulk freight, that is brought into the State. The transportation company shall bill the fee to the person responsible for paying the freight charges to the transportation company within fifteen days of the delivery of the freight. The fee shall be paid by the person responsible for paying the freight charges to the transportation company within forty-five days of receipt of the bill. The transportation company shall collect the fee from the person responsible and forward the payment to the department at the port of disembarkation within forty-five days of receipt of the fee; provided that the transportation company shall not be liable for any fee that is not paid by the person responsible for paying the freight charges to the transportation company.
The department shall deposit the fee into the pest inspection, quarantine, and eradication fund under section 150A-4.5.
(b) The fee shall be assessed and collected on the net weight of the imported freight computed on the basis of 75 cents for every one thousand pounds of freight, or part thereof, brought into the State. [L Sp 2007, c 9, pt of §1; am L 2008, c 16, §4; am L Sp 2008, c 3, §3; am L 2010, c 173, §5; am L 2011, c 36, §1]