Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 66 - PESTICIDES › Section 4-66-2 - Definitions

Current through June, 2024
As used in this chapter:
"Act" means the Hawaii Pesticides Law, chapter 149A, Hawaii
				  Revised Statutes.
"Adjuvant" means any substance added to a spray tank to
				  improve and enhance the performance of the pesticide being applied.
"Agricultural commodity" means any plant, or plant product,
				  or animal or animal product, produced by, but not limited to, farmers,
				  ranchers, vineyardists, plant propagators, aquaculturists, floriculturists,
				  orchardists, foresters, or other comparable persons for sale.
"Board" means board of agriculture.
"Certification" means the authorization granted by the state
				  or federal government to a person to use, handle, or supervise the use of
				  restricted use pesticides.
"Certification standard" means a requirement for
				  certification.
"Changed use pattern" means a significant change from a use
				  pattern approved in connection with the registration of a pesticide product.
				  Examples of significant changes include, but are not limited to, changes from
				  nonfood to food use, outdoor to indoor use, ground to aerial application,
				  terrestrial to aquatic use, and nondomestic to domestic use.
"Chemigation" means applying pesticides through irrigation
				  systems.
"Commercial applicator" or "commercial pesticide applicator"
				  means a certified applicator, whether or not a private applicator with respect
				  to some uses, who uses or supervises the use of any pesticide that is
				  classified for restricted use for any purpose or on any property other than as
				  provided by the definition of "Private pesticide applicator" in section
				  149A-2, Hawaii
				  Revised Statutes.
"Competent" means the state of being able and qualified to
				  perform a particular function in pesticide application, the degree of
				  competence being directly related to the nature of the activity and the
				  associated responsibility.
"Department" means the State of Hawaii, Department of
				  Agriculture.
"Domestic application" means application of a pesticide
				  directly to humans or pets, or application of a pesticide in, on, or around all
				  structures, vehicles, or areas associated with the household or home life,
				  patient care areas of health related institutions, or areas where children
				  spend time, including but not limited to:
(1) Gardens, non-commercial greenhouses, yards, patios,
				  houses, pleasure marine craft, mobile homes, campers and recreational vehicles,
				  noncommercial campsites, home swimming pools and kennels;
(2) Articles, objects, devices or surfaces handled or
				  contacted by humans or pets in all structures, vehicles or areas listed
				  above;
(3) Patient care areas of nursing homes, mental institutions,
				  hospitals, and convalescent homes; and
(4) Educational, lounging and recreational areas of
				  preschools, nurseries and day camps.
"Drift" or "pesticide spray drift" means the movement of
				  pesticide dust or droplets through the air at the time of application or soon
				  after, to any site other than the area intended.
"Enclosed space production" or "greenhouse production" means
				  production of an agricultural plant indoors or in a structure or space that is
				  covered in whole or in part by any nonporous covering and that is large enough
				  to permit a person to enter.
"Environment" includes water, air, land, and all plants and
				  humans and other animals living therein, and the interrelationships that exist
				  among these.
"EPA" means the United States Environmental Protection
				  Agency.
"FIFRA" means the Federal Insecticide, Fungicide, and
				  Rodenticide Act, title 7 United States Code (USC) sections 136 et seq., as
				  amended.
"Finished bait" means an end use bait product that requires
				  no preparation or mixing.
"Front panel" means that portion of the label of a pesticide
				  product that is ordinarily visible to the purchaser under the usual conditions
				  of display for sale.
"Fungicide" means any substance or mixture of substances
				  intended for preventing, destroying, repelling or mitigating any fungus,
				  bacterium, or virus. Fungicides include:
(1) Products intended for use as seed or plant treatments to
				  destroy or prevent fungus diseases;
(2) Products intended for use in disinfecting, sanitizing, or
				  sterilizing premises or other inanimate objects to prevent or destroy organisms
				  that cause diseases of humans or other animals;
(3) Products for use in reducing bacterial counts in water or
				  air; and
(4) Products intended for use as wood preservatives that
				  prevent rot or decay in wood by preventing or destroying organisms which cause
				  decay or rot; Products not considered fungicides include:
(1) Products intended for use in preventing or destroying any
				  fungus or virus on or in living man or other animals and those on or in
				  processed food, beverages or pharmaceuticals (the term processed foods includes
				  processed animal feed and the term pharmaceuticals is intended to include
				  cosmetics); and
(2) Paints that are treated to protect the paint itself and
				  bear no claim for preventing or destroying fungi after application to any
				  surface.
"Hazard" means a situation where there exists a possibility
				  that a given pesticide will cause injury or have unreasonable adverse effects
				  on the environment.
"Head" means the administrative head of the division of plant
				  industry, Hawaii department of agriculture, or any officer or employee to whom
				  authority has been duly delegated.
"Herbicide" means any substance or mixture of substances
				  intended for preventing, destroying, repelling or mitigating any weed including
				  any algae or other aquatic weed, or any plant parts growing where not
				  wanted.
"Insecticide" means any substance or mixture of substances
				  intended for preventing, destroying, repelling, or mitigating any insect. The
				  term shall not include pharmaceutical products approved by the United States
				  Food and Drug Administration for use, under prescription by a licensed
				  physician on humans or by a licensed veterinarian on animals.
"LC50" means a concentration of
				  substance, expressed as parts per million parts of medium, which is lethal to
				  fifty per cent of the test population of animals under test conditions
				  acceptable for registration under FIFRA.
"LD50" means a single dermal or oral
				  dose of a substance, expressed as milligrams per kilogram (mg/kg) of body
				  weight, which is lethal to fifty per cent of the test population of animals
				  under test conditions acceptable for registration under FIFRA.
"License" means the process of being allowed to register a
				  pesticide product pursuant to provisions of chapter 149A, Hawaii Revised
				  Statutes.
"Licensed sales outlet" or "Dealer" means a specified site
				  authorized by annual permit to sell or distribute restricted use pesticides
				  pursuant to section
				  149A-17,
				  Hawaii Revised Statutes, where restricted use pesticides are kept for sale or
				  distribution and where records of such sale, distribution, or disposition of
				  restricted use pesticides are kept and that meet the requirements established
				  in section 4-66-52.
"Licensed pesticide dealer representative" or "pesticide
				  dealer representative" means a person authorized to sell restricted use
				  pesticides in a permitted sales outlet and who has successfully passed an
				  examination required by the head and obtained a permit pursuant to section
				  4-66-52.
"Licensee" means a person who has been licensed to register a
				  product pursuant to the provisions of section
				  149A-13,
				  Hawaii Revised Statutes.
"Mode of action" means the manner that a pesticide impacts
				  key biochemical processes responsible for its effect.
"Nematicide" or "Nematocide" means any substance or mixture
				  of substances intended for preventing, destroying, repelling, or mitigating
				  nematodes inhabiting soil, water, plants, or plant parts.
"Non-target organisms" means those flora and fauna (including
				  humans) that are not intended to be controlled, injured, killed, or
				  detrimentally affected in any way by a pesticide.
"Permittee" means any applicant to whom a permit has been
				  granted.
"Person" means any individual, firm, corporation,
				  association, or partnership or any organized group of persons whether
				  incorporated or not.
"Personal protective equipment" (PPE) means devices and
				  apparel that are worn to protect the body from contact with pesticides or
				  pesticide residues, including, but not limited to, coveralls,
				  chemical-resistant suits, chemical-resistant gloves, chemical-resistant
				  footwear, respiratory protection devices, chemical resistant aprons,
				  chemical-resistant headgear, and protective eyewear, as further defined in
				  title 40, Code of Federal Regulations section 170.507 (2018).
"Pesticide" means:
(1) Any substance or mixture of substances intended for
				  preventing, destroying, repelling, or mitigating any pest; and
(2) Any substance or mixture of substances intended for use
				  as a plant regulator, defoliant, or desiccant.
A product that is not intended to prevent, destroy, repel, or
				  mitigate a pest, or to defoliate, desiccate or regulate the growth of plants,
				  is not considered to be a pesticide. The following types of products or
				  articles are not considered to be pesticides unless a pesticidal claim is made
				  on the label or in connection with the sale and distribution:
(a) Deodorizers, bleaches, and cleaning agents;
(b) Products not containing toxicants, intended only to
				  attract pests for survey or detection purposes, and labeled accordingly;
				  and
(c) Products that are intended to exclude pests only by
				  providing a physical barrier against pest access, and that contain no
				  toxicants, such as certain pruning paints to trees.
"Private pesticide applicator" or "private applicator" means
				  a certified pesticide applicator who uses or supervises the use of any
				  pesticide that is classified for restricted use for purposes of producing any
				  agricultural commodity on property owned or rented by the applicator or the
				  applicator's employer or if applied without compensation other than trading of
				  personal services between producers of agricultural commodities on the property
				  of another person.
"Reasonable" means that which is appropriate, fair and
				  sensible for a particular situation as understood by a person of average
				  caution under the same or similar circumstances.
"Reentry" means the action of entering an area or site where
				  a pesticide has been applied.
"Rodenticide" means any substance or mixture of substances
				  intended for preventing, destroying, repelling, or mitigating animals belonging
				  to the Order Rodentia of the Class Mammalia such as rats, mice, gophers,
				  rabbits, hares, and closely related species.
"Runoff" means rainfall or snowmelt events that flow over
				  land or impervious surfaces, such as paved streets, parking lots, and building
				  roof tops, that directly enters into lakes, rivers, wetlands, coastal waters,
				  or other surface waters, and does not soak into the ground.
"Surface water" means water upon the surface of the earth in
				  bounds created naturally or artificially including, but not limited to, lakes,
				  rivers, ponds, streams, other watercourses, reservoirs, and coastal waters
				  subject to the jurisdiction of the State of Hawaii. Water from natural springs
				  is surface water when it exits from the spring onto the earth's surface.
"Under the direct supervision of a certified applicator"
				  means that, unless otherwise prescribed by a pesticide's labeling, a pesticide
				  shall be considered to be applied under the direct supervision of a certified
				  applicator if it is applied by a competent person acting under the instructions
				  and control of a certified applicator who is immediately able to communicate
				  with the non-certified applicator, even though the certified applicator is not
				  physically present at the time and place the pesticide is applied, and as
				  further defined in section 171.201 of title 40, Code of Federal Regulations
				  (2018).
"Unreasonable adverse effects on the environment" means any
				  unreasonable risk to humans or the environment, taking into account the
				  economic, social, and environmental costs and benefits of the use of the
				  pesticide.
"Use" or "to use a pesticide" means any of the
				  following:
(1) Pre-application activities involving mixing and loading
				  the pesticide.
(2) Applying the pesticide, including, but not limited to,
				  supervising the use of a pesticide by a non-certified applicator.
(3) Other pesticide-related activities, including, but not
				  limited to, transporting or storing pesticide containers that have been opened,
				  cleaning equipment, and disposing of excess pesticides, spray mix, equipment
				  wash waters, pesticide containers, and other pesticide-containing materials.
"Use pattern" means the manner in which a pesticide is
				  applied and includes the following parameters of pesticide application:
(1) Target pest;
(2) Crop or animals treated;
(3) Application site; and
(4) Application technique, rate and frequency.