Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 66 - PESTICIDES › Section 4-66-52 - Restricted use pesticide dealer and dealer representative

Current through June, 2024
(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 December 31 of each year and shall be renewed no less than
				thirty calendar days before January 1 of each year.
(b) Any manufacturer, registrant, or
				distributor of a restricted use pesticide who has no sales outlet within this
				State, and who sells or distributes the pesticides directly to the user, shall
				obtain a Hawaii pesticide dealer sales permit for its principal out-of-state
				location or outlet.
(c) Application
				for a restricted use pesticide dealer sales permit shall be made on forms
				prescribed by the head and shall include the name and address of the applicant,
				location of the sales outlet, and name or names of the restricted use pesticide
				dealer representative or representatives at each sales outlet.
(d) All restricted use pesticides dealer
				sales outlets shall have a pesticide dealer representative. The names of the
				pesticide dealer representatives shall be submitted together with the
				application for the dealer sales outlet permit. Each restricted use pesticide
				dealer representative shall obtain a permit.
(e) Persons seeking to obtain a pesticide
				dealer representative permit shall apply for examination on forms prescribed by
				the head. To qualify, an applicant shall pass a written examination at a time
				and place designated by the head. Examination shall test the applicant's
				knowledge of pesticide laws, rules, and regulations, pesticide hazards, proper
				usage, safe storage and distribution and disposal methods. The restricted use
				pesticide dealer shall notify the head within thirty calendar days of any
				personnel change in the restricted use pesticide dealer representative
				position.
(f) A permit issued to a
				restricted use pesticide dealer representative shall be valid for five years.
				Renewal shall be by examination. Applications for renewal of restricted use
				pesticide dealer representative permits shall be submitted no less than thirty
				days prior to the permit expiration date.
(g) Every restricted use pesticide dealer
				permitted to sell restricted use pesticides shall be responsible for the acts
				of all pesticide dealer representatives and individuals employed in the
				solicitation, sale, distribution and handling of pesticides.
(h) Restricted use pesticide dealer sales
				outlets shall only distribute, solicit, sell, offer for sale, hold for sale,
				receive order for sale, or transport restricted use pesticides to a certified
				pesticide applicator, or non-certified applicator under the supervision of a
				certified pesticide applicator, and only those restricted use pesticides that
				are relevant to the certification category of the certified
				applicator,
(i) Any violation of
				the Act or these rules, whether committed by the dealer, dealer representative,
				or by any other officer, agent, or employee of the dealer may result in
				suspension or revocation of the dealer's permit or the dealer representative's
				permit, or both, as well as any other penalty provided by
				law.