Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 66 - PESTICIDES › Section 4-66-34 - Applications for licensing pesticides and for approval of nonchemical pest control devices

Current through June, 2024
The procedures for licensing pesticides, or approval of
				  nonchemical pest control devices as defined in chapter 460J, Hawaii Revised
				  Statutes, are as follows:
(1)
				Applications shall be filed by the applicant or by an agent whom the applicant
				has designated as such by a notarized letter.
(2) Applications shall be made on forms
				prescribed by the department and shall contain the following information: name
				and address of the applicant and any other person whose name will appear on the
				labeling or in the directions for use, name of the pesticide or nonchemical
				pest control device as shown on the label, the EPA registration number (for
				pesticides), the EPA establishment number, and the signature of the applicant
				or applicant's designated agent.
(3) Applications shall be submitted no less
				than thirty calendar days prior to the date licensing is desired to take
				effect.
(4) Applications shall be
				accompanied by one copy of the final printed label in text.pdf or similar
				format, the EPA stamped "ACCEPTED" label, if applicable, and any other printed
				or graphic matter that is required to accompany the pesticide or nonchemical
				pest control device when offered for sale or distribution, including all
				claims, directions for use, and any other materials specified by the
				head.
(5) If requested by the head,
				the applicant for a pesticide license shall provide the complete formula of the
				pesticide, including active and inert ingredients, and a description of tests
				and test results thereof on which claims are based, including efficacy,
				residue, safety, and other supporting data that shows the pesticide shall
				perform its intended function without causing unreasonable adverse effects on
				humans or the environment.
(6) If
				requested by the head, the applicant for nonchemical pest control device
				approval shall provide a description of the principles fundamental to the
				efficacy of the nonchemical pest control device, a description of the tests
				conducted according to the procedures described below and test results thereof
				on which claims are based, including efficacy, reliability, safety, and other
				supporting data that shows the nonchemical pest control device will perform its
				intended function without causing unreasonable adverse effects on humans or the
				environment.
(7) Each test
				submitted pursuant to this section shall be based on a written protocol that
				clearly indicates the objectives and all the methods for the conduct of the
				test. The protocol shall contain, but not be limited to, the following
				information:
(A) A descriptive title and
				statement of the purpose of the study,-
(B) The name and address of the sponsor and
				address of the testing facility at which the study was conducted;
(C) Justification for the selection of the
				test organism;
(D) Where
				applicable, the number, body weight range, sex, source of supply, species,
				strain, substrain and age of the organisms tested;
(E) A description of the experimental design,
				including methods for the control of bias;
(F) Where applicable, a description or
				identification of the diet for the test animals or fertilization and irrigation
				schedules for plants used in the test;
(G) Treatments, such as the test frequency and volume for
				nonchemical pest control devices, and the method and frequency of
				administration;
(H) The type and
				frequency of data collection, and measurements to be made;
(I) The records to be maintained;
(J) The date of approval by the sponsor and
				the signature of the test director; and
(K) A statement of the proposed statistical
				analyses to be used.