reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 66 - PESTICIDES › Section 4-66-33 - Pesticide licensing; exceptions

Current through June, 2024
(a) Any
				manufacturer, packer, seller, distributor, or shipper of a pesticide may apply
				to license a pesticide.
(b) No
				person may distribute in the State, any pesticide that is not licensed with the
				department, except for the following:
(1)
				Pesticides transferred between EPA registered establishments operated by the
				same producer for packaging or for use in producing another pesticide, provided
				the pesticides are labeled to clearly show the identity and purpose for which
				the pesticides are being transferred;
(2) Pesticides distributed under an
				experimental use permit issued by the head;
(3) Pesticides transferred for purpose of
				disposal when marked to show the pesticides are for disposal only, and
				accompanied by sufficient information to identify products and to ensure that
				product can be handled with minimum hazard to humans or the
				environment;
(4) Pesticides
				intended solely for export when prepared or packed according to specifications
				of foreign purchaser;
(5)
				Pesticides being distributed under a FIFRA, section 18 emergency exemption;
				and
(6) Upon written notice to the
				head, pesticides distributed to research laboratories for the purpose of
				laboratory or enclosed space production tests, or limited replicated field
				trials of less than one-fourth acre, to determine toxicity or other properties,
				and from which the producer, researcher, or applicator or any other person
				conducting the laboratory or enclosed space production tests or field trial,
				does not expect to receive any benefit in pest control from its use. Notice
				shall be provided on forms prescribed by the head.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 66 - PESTICIDES › Section 4-66-35 - Pesticide licensing; effective date

Current through June, 2024
(a) Licenses shall
				become effective on the date issued and, unless canceled by the head, shall
				continue in effect through the date of expiration.
(b) Pesticide products are to be licensed for
				a period of three years. All licenses shall expire on December 31 of each third
				year after license issuance.
(c)
				Provisional licenses may be issued for experimental use permits to cover the
				duration of the permit.
(d) Any
				pesticide product licensed under the Act shall not require any further
				licensing by other persons provided:
(1) The
				pesticide product is in the manufacturer's or registrant's original unbroken
				container;
(2) The claims made in
				the pesticide product's directions for use, use classification, and other
				information contained in the labeling, do not differ from those made in
				conjunction with the license currently in effect; and
(3) Any change in the labeling or formula of
				a licensed pesticide shall be submitted in advance to the head provided:
(A) The licensee shall describe the exact
				change and upon request, shall submit test results to support any change in
				labeling claims; and
(B) After the
				effective date of any change in labeling or formulas, the pesticide shall be
				marketed only under the new label or formula. The head may permit a reasonable
				time for disposition of stocks, if in the opinion of the head, such disposition
				does not result in any unreasonable adverse effects on humans or the
				environment.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 66 - PESTICIDES › Section 4-66-36 - Pesticide licenses; corrections

Current through June, 2024
(a) The head shall
				require the licensee to make necessary changes should the labeling claims' of
				the pesticide be unwarranted, or if the pesticide and its labeling or other
				material required to be submitted do not comply with the Act or these rules, or
				when necessary to prevent any unreasonable adverse effect on humans or the
				environment.
(b) The licensee shall
				make the necessary corrections within thirty calendar days from receipt of any
				correction notice. If the licensee fails to make the necessary corrections
				within thirty calendar days, the head may take any of the following actions,
				alone or in combination with each other:
(1)
				Refuse to license the pesticide;
(2) Cancel the pesticide license;
				and
(3) Change the classification
				of the pesticide.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 66 - PESTICIDES › Section 4-66-37 - Special local need (SLN) registration

Current through June, 2024
(a) The head may
				register pesticide products for special local needs. All applicants for
				registration of pesticides to meet special local needs shall submit the
				following information:
(1) The name and
				address of the applicant and any other person whose name shall appear on the
				labeling or in the directions for use;
(2) The name of the pesticide product, and if
				application is for an amendment to a federally registered product, the EPA
				registration number of that product;
(3) A copy of proposed labeling, including
				all claims made for the product; directions for use to meet the special local
				need; the complete proposed labeling for a new product, or the proposed
				supplemental labeling for registration of an additional use of a federally
				registered product, and the complete formula of the product if the application
				is for a new product; and any other information specified by the head that is
				required to be reviewed prior to registration under this section.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 66 - PESTICIDES › Section 4-66-38 - Special local need; unreasonable adverse effects

Current through June, 2024
(a) Under
				the following circumstances, prior to issuing a special local need
				registration, the head shall determine that use of the product for which
				registration is sought would not cause unreasonable adverse effects on humans
				or the environment, when used in accordance with labeling directions or
				widespread and commonly recognized practices:
(1) For the use of a product that has a
				composition not similar to any federally registered product;
(2) For the use of a product involving a use
				pattern not similar to any federally registered use of the same product, or of
				a product with a similar composition; or
(3) For the use of a product for which other
				uses of the same product, or of a product with a similar composition, have had
				federal registration denied, disapproved, suspended, or canceled by the EPA
				administrator.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 66 - PESTICIDES › Section 4-66-39 - Special local need; label, packaging and coloration requirements

Current through June, 2024
(a) The head shall review the proposed
				labeling submitted with the application to determine compliance subject to the
				following* requirements:
(1) A copy of the
				final printed labeling shall be reviewed by the head as soon as practicable
				after a registration is issued in order to verify compliance;
(2) A new product registered shall be
				accompanied, at the time of use, by labeling meeting all applicable criteria of
				sections 4-66-4 to 4-66-31. New product labeling shall also contain a statement
				identifying "For distribution and use only within the State of Hawaii" and the
				assigned special local need number.
(3) For a registration of an additional use
				of a federally registered product, labeling from the federally registered
				product shall be accompanied at the time of use by supplemental labeling that
				contains:
(A) A statement identifying "For
				distribution and use only within the State of Hawaii";
(B) Directions for use to meet the special
				local need which satisfy the criteria of sections 4-66-10 to 4-66-31;
(C) The trade name of the product;
(D) The name and address of the special local
				need registrant;
(E) The EPA
				registration number of the federally registered product;
(F) The assigned special local need
				number;
(G) A statement requiring a
				person using the product to comply with all applicable directions,
				restrictions, and precautions found in the labeling of the federally registered
				product; and
(H) A statement
				prohibiting the use of the product in a manner inconsistent with federal and
				accompanying supplemental labeling.
(4) If the head classifies for restricted use
				a product or product use registered by the head, which is not required to be
				classified as restricted use by section 4-66-32, then the head shall require
				supplemental labeling for the product or product use to have additional
				appropriate precautions, and a statement that the product or product use is for
				restricted use.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 66 - PESTICIDES › Section 4-66-40 - Special local need; classification

Current through June, 2024
(a) As part of the
				registration of any part or use, the head shall classify the product or product
				use consistent with section 4-66-32.
(b) A product or product use thereof
				registered by the head shall be classified by the head for restricted use if
				the product is identical or similar in composition to a federally registered
				product for which the use has been classified as restricted under federal law
				or for which a use similar to the registered use has been classified as
				restricted use under federal law, and the registered product or product use
				meets the criteria for classification as restricted use pesticides under
				section 4-66.-32.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 66 - PESTICIDES › Section 4-66-41 - Special local need; notification and submission of data to the Environmental Protection Agency (EPA)

Current through June, 2024
(a) Within ten
				working days from the date of issuance of amendments or revocation of a
				registration, the head shall notify EPA in writing, of the action Notification
				of registrations, or amendments thereto, shall include the confidential
				statements of the formula of any new product, and a copy of the draft labeling
				reviewed and approved by the head, provided that labeling previously approved
				by the EPA as part of a federal registration need not be submitted.
(b) Notification of registrations or
				amendments shall be supplemented by sending to EPA a copy of the final printed
				labeling approved by the head within forty-five days after the effective date
				of registration or amendment.
(c)
				Notification of revocation of registration shall indicate the effective date of
				revocation, and shall state the reasons for revocation.
(d) Within fifteen working days from receipt
				of a request from EPA, the head shall submit any data used to determine that
				any unreasonable adverse effect on humans or the environment shall not be
				caused by a registration of a product with a composition not similar to any
				federally registered product, or an additional use of a federally registered
				product, or a use of a product with a composition similar to that of a
				federally registered product, or if registration of other uses of the federally
				registered product has been denied, suspended, or canceled because of health,
				safety, or environmental concerns.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 66 - PESTICIDES › Section 4-66-42.1 - Coloration of pesticides

Current through June, 2024
(a) The following
				requirements for the coloration of certain pesticides have been determined
				necessary for the protection of public health and the environment,
(b) Seed Treatment products.
(1) Pesticide products intended for use in
				treating seeds must contain an EPA-approved dye to impart an unnatural color to
				the seed, unless appropriate tolerances or other clearances have been
				established for residues of the pesticide under title
				21 United
				States Code section
				346a(a)-(q) (2017), the
				Federal Food, Drug and Cosmetic Act.
(2) The following products are exempt from
				the requirement of paragraph (b)(1) of this section:
(A) Products intended and labeled for use
				solely for commercial seed treatment, provided that the label bears a statement
				requiring the user to add an EPA-approved dye with the pesticide during the
				seed treatment process.
(B)
				Products intended and labeled for use solely as at-planting or hopper box
				treatments.
(C) Products, which are
				gaseous in form or are used as fumigants.
(3) EPA-approved dyes for seed treatment are
				those listed in sections 180.910, 180.920, or 180.2020, title 40, Code of
				Federal Regulations (2017).
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 66 - PESTICIDES › Section 4-66-43 - Enforcement

Current through June, 2024
(a) As allowed by law, the head may enter any
				place or conveyance where pesticides or nonchemical pest control devices are
				manufactured, stored, packed, delivered for transportation, transported,
				offered for sale or sold, and may inspect and take samples of the pesticides
				and nonchemical pest control devices. An unbroken package may be taken as the
				official sample where the pesticide is packed in small bottles, or small
				packages. Where the pesticide is packed in large containers, the official
				samples may be a portion taken from one original unopened package in a lot. A
				chain-of-custody for each sample, from collection through analysis and final
				disposition, shall be maintained on forms prescribed by the head.
(b) As allowed by law, the head may enter any
				place or conveyance where pesticides are suspected of being applied on
				non-target sites or locations, or where pesticides are suspected of being
				applied in a manner inconsistent with the pesticide label, and may inspect and
				take official samples where pesticide residue is likely to be present. A
				chain-of-custody for each sample, from collection through analysis and final
				disposition, shall be maintained on forms prescribed by the head.
(c) Methods of analyzing samples shall be
				those adopted and published by the Association of Official Analytical Chemists,
				Official Methods of Analysis of AOAC International (20th edition 2016), where
				applicable, and other methods as may be necessary to determine whether the
				product complies with the Act or these rules.
(d) A notice of violation shall include:
(1) If from an examination or analysis, a
				pesticide or nonchemical pest control device appears to be in violation of the
				Act or these rules, a notice in writing shall be sent to the person against
				whom proceedings are contemplated, giving that person the opportunity to offer
				a written explanation. The notice shall state the manner in which the sample
				failed to meet the requirements of the Act or these rules; and
(2) Any person may, in addition to this
				written reply to the notice, file with the head within twenty days of receipt
				of the notice a written request for a hearing in connection
				therewith.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 66 - PESTICIDES › Section 4-66-44 - Notice of enforcement action

Current through June, 2024
Publication of judgments of the courts in cases arising under
				  the criminal or seizure provisions of the Act or these rules, and any final
				  order issued by the department for violation of the Act or these rules, may be
				  made in the form of notices, circulars, or bulletins as the head may direct.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 66 - PESTICIDES › Section 4-66-45 - Experimental use permits; generally

Current through June, 2024
Experimental use permits may be issued for the intrastate
				  shipment, delivery or use of a pesticide product that is to be tested further
				  to determine the scope and limitations of its usefulness and the effect of its
				  use on humans and the environment. Permits may be issued for products for use
				  in experimental programs under the supervision of applicators certified in
				  demonstration and research pest control and broad scale testing under normal
				  conditions of use. The head may require the information and data concerning the
				  product and the proposed testing program that is deemed necessary to make
				  determinations on the merits of the proposals.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 66 - PESTICIDES › Section 4-66-46 - Experimental use permits; prohibitions

Current through June, 2024
No permits shall be issued for any of the following:
(1) A product containing an active or inert
				ingredient that is currently subject to an EPA cancellation or suspension of
				registration order, or that is currently subject to an EPA notice of intent to
				suspend or cancel registration because of human health, environmental, or
				efficacy consideration; except that a permit may be issued for such a product
				for a purpose or in a formulation that:
(A)
				Is not specifically considered in, or that is not subject to, suspension or
				cancellation proceedings, after consultation with appropriate EPA officials;
				or
(B) Was specifically considered
				during the proceedings but not suspended, canceled, or subject to a notice of
				intent to suspend or cancel.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 66 - PESTICIDES › Section 4-66-47 - Experimental use permits; exceptions

Current through June, 2024
Upon written notification of the head, no experimental use
				  permit is required for the intrastate shipment or use of a substance or mixture
				  of substances being put through laboratory, enclosed space production, or
				  limited field trials of less than one-fourth acre, in which the following three
				  criteria have been met:
(1) the purpose
				of the laboratory, enclosed space production, or limited field trials is to
				determine the value of a substance or mixture of substances as a pesticide or
				to determine its toxicity, or other properties;
(2) the tests will be conducted by recognized
				research personnel; and
(3) the
				research personnel conducting the tests do not expect to receive any benefit,
				other than the research, in pest control from the use of the substance or
				mixture of substances.
If these three criteria are met, the substances or mixture of
				  substances are not considered to be pesticides within the meaning of the Act or
				  these rules. No State experimental use permit is required if an experimental
				  use permit has been issued by the EPA for the proposed trial(s).
Written notification shall be submitted on forms prescribed
				  by the head.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 66 - PESTICIDES › Section 4-66-48 - Experimental use permits; provisions for issuance

Current through June, 2024
(a) A
				permit is required for a pesticide intended for experimental use that is not
				exempt under section 4-66-47. If a pesticide is to be tested for a use, which
				is likely to result in a residue on or in food or feed, a permit for
				experimental use may be issued provided:
(1)
				A tolerance or exemption from the requirements of a tolerance has been
				established under section 408 of the Federal Food, Drug, and Cosmetic Act,
				codified at title
				21 United
				States Code section 346a (2017); or a
				regulation established under section 409 of the Federal Food, Drug, and
				Cosmetic Act, codified at title
				21 United States Code section
				348 (2017); or
(2) The food or feed product derived from the
				experimental use permit shall be destroyed or used as feed only for laboratory
				or experimental animals for testing purposes; or
(3) Convincing evidence is submitted by the
				applicant that the proposed use shall not result in residues in or on food or
				feed that would be in excess of that authorized under section 408 of the
				Federal Food, Drug, and Cosmetic Act, codified at title
				21 United
				States Code section 346a (2017), or a
				regulation established under section 409 of the Federal Food, Drug, and
				Cosmetic Act, section 348 of title 21, United States Code (2017), which would
				be hazardous to humans, other animals, or the environment.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 66 - PESTICIDES › Section 4-66-49 - Experimental use permits; restrictions

Current through June, 2024
(a) The head may
				limit the quantity of a pesticide covered by an experimental use permit to a
				lesser quantity than requested if available information on effectiveness,
				toxicity, or other hazards is not sufficient to justify the scope of
				experimental use proposed in the application, or make other limitations in the
				permit as may be determined to be necessary for the protection of the
				public.
(b) A pesticide shipped or
				delivered solely for experimental use shall not be offered or advertised for
				general sale or use.
(c) Unless
				revoked by the head, experimental use permits shall be effective for a
				specified period of time, depending upon the crop or site to be treated and the
				testing program submitted. Permits may be renewed upon request if circumstance
				warrants. Applications for renewal of experimental use permits shall be
				submitted no less than thirty days prior to the permit expiration
				dated.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 66 - PESTICIDES › Section 4-66-50 - Experimental use permits; reports

Current through June, 2024
At specific intervals to be prescribed by the head, the
				  experimental use permittee shall submit periodic reports to the head regarding
				  the status of the experimental program. The permittee shall immediately report
				  to the head any incidents of unreasonable adverse effects on the environment
				  from use, or from exposure to pesticides covered by an experimental use permit.
				  These periodic reports shall include the following information:
(1) Quantity of the pesticide shipped and
				used during the reporting period;
(2) Name and address of consignee and
				ultimate destination and amount of each shipment;
(3) A summary of data on effectiveness,
				phototoxicity, or other pertinent information regarding usefulness obtained
				during the permit period;
(4) Any
				additional data obtained on residue or analytical methods obtained;
(5) Any additional data obtained on toxicity
				or unreasonable adverse effects to humans, non-target animals, or the
				environment;
(6) Any residue data
				obtained on the treated crop or site on which determination can be made
				regarding reentry into the treated area;
(7) Disposition of unused pesticide;
				and
(8) Such other information and
				data as may be prescribed by the head.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 66 - PESTICIDES › Section 4-66-51 - Experimental use permits; monitoring and revocation

Current through June, 2024
(a) The
				head shall monitor the testing program if it is determined necessary for
				protection of the public health and environment. It shall be the responsibility
				of the permittee or person supervising the experiment to immediately report to
				the head any incidents or adverse reaction from use of, or exposure to the
				pesticide covered by an experimental use permit.
(b) The head shall revoke an experimental use
				permit if it is determined that the permit terms or conditions are being
				violated, or that the permit terms or conditions are inadequate to avoid
				unreasonable adverse effects on humans or the environment.
(c) Failure to comply with the terms or
				conditions of any State issued experimental use permit may subject the
				permittee, or person supervising the experiment, or both, to additional
				penalties as provided by law.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 66 - PESTICIDES › Section 4-66-53 - Dealers' records and reports

Current through June, 2024
(a) Dealers
				permitted to sell or distribute restricted use pesticides shall keep a record
				of each sale, distribution, delivery, theft, spill, or any other activity
				affecting the amount of restricted use pesticides, pesticides requiring an
				annual permit pursuant to section 4-66-63.1, and special permit to apply
				restricted use pesticides by aerial application pursuant to section 4-66-64.
				These records shall be kept at each sales outlet on forms or through other
				media approved by the head.
(b)
				Records shall show the name and address of purchaser, a description of the
				activity affecting the amount of restricted use pesticide or pesticide
				requiring an annual permit or special permit, date of sale or other activity
				affecting the inventory amount, identity of the formulation or brand sold and
				quantity, and for sales of restricted use pesticides, the applicator's
				certification number, certification category and certification expiration date,
				intended use and the name or initials of the employee making the sale or record
				entry.
(c) A copy of the permitted
				sales outlet's records as specified in this section shall be submitted to the
				head within fifteen calendar days after the end of each calendar month for
				which the record is being kept. A copy shall be kept at the permitted sales
				outlet where the sales were made for a period of one year.
(d) Failure to submit a copy of the permitted
				sales outlet's records to the head within fifteen calendar days after the end
				of each calendar month shall subject the dealer permitted to sell or distribute
				restricted use pesticides to penalties pursuant to section
				149A-41,
				Hawaii Revised Statutes or any other penalty provided by law.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 66 - PESTICIDES › Section 4-66-54 - Storage, display, and sale of pesticides

Current through June, 2024
(a) No pesticide
				shall be stored, displayed, placed for sale or transported where food and food
				containers, feed, water for human or animal consumption, or any other items are
				likely to become contaminated and may create a hazard or cause injury to
				humans, vegetation, crops, livestock, wildlife, beneficial insects and aquatic
				life.
(b) Pesticides labeled for
				lawns, gardens and other outdoor uses shall be offered for sale only in garden
				supply centers or in other retail outlets that have a separate and distinct
				section for display of pesticides for outdoor use, as distinguished from
				pesticides formulated and registered for use inside the home.
(c) A prominent sign with legible bold print
				not less than one-half inch in height to read "pesticide products for garden
				and lawn or outdoor use only - it is unlawful and may be hazardous to use
				inside your home" shall be posted in the area where such lawn and garden
				pesticides are displayed and sold.
(d) Every retailer that sells or distributes
				pesticide products to the public shall prominently post within ten feet of any
				pesticide product display or sales area, a warning sign that includes:
(1) Information regarding 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) A statement that use of any pesticide
				product in a manner inconsistent with its label is prohibited by law.
The warning sign shall be no less than seventeen inches by
				  twenty two inches and contain lettering of sufficient size, no less than
				  sixteen point bold type, which will enable the sign to be read from a distance
				  of six feet under all lighting conditions normally encountered during business
				  hours.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 66 - PESTICIDES › Section 4-66-55 - Disposal of pesticides and empty pesticide containers

Current through June, 2024
(a) Pesticides and empty containers shall be
				disposed of in accordance with label directions and, if applicable, at a
				facility authorized to accept solid waste pursuant to chapter 11-58.1, Hawaii
				Administrative Rules, or in accordance with chapter 11-262.1, Hawaii
				Administrative Rules.
(b) If the
				disposal method is not specified on the label, the pesticide container shall be
				triple-rinsed or equivalent, punctured, and placed in the trash for refuse
				collection or offered for recycling, if appropriate.
(c) Owners of unused pesticides may contact
				the Department's Pesticide Branch for information on pesticide disposal.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 66 - PESTICIDES › Section 4-66-56 - Certification of applicators

Current through June, 2024
(a) No person shall
				apply restricted use pesticides unless certified in the category appropriate to
				the application or under the direct supervision of a certified applicator
				certified in the appropriate category. An applicator applying restricted use
				pesticides shall be certified as:
(1) A
				commercial pesticide applicator; or
(2) A private pesticide
				applicator.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 66 - PESTICIDES › Section 4-66-57 - General standards for certification of applicators

Current through June, 2024
(a)
				Applicants for certification shall be at least eighteen years of age and shall
				possess a history of honesty, truthfulness, financial integrity and fair
				dealing. Such personal history shall be based on information obtained
				intra-departmentally, interdepartmentally, and/or through publicly available
				records;
(b) Competence in the use
				and handling of restricted use pesticides shall be determined by receiving a
				passing score of seventy per cent or better on a written examination or any
				alternate methods employed by the department to determine applicator
				competency, or both. Examinations are based upon standards that meet or exceed
				those set forth in this section and section 4-66-58. The examination shall test
				knowledge applicable to the certification category or subcategory, or both, and
				to the pesticide or class of pesticides covered by the requested
				certification.
(c) The department
				shall ensure that examinations meet the following standards:
(1) Examinations shall be presented and
				answered in writing;
(2)
				Examinations shall be proctored by an individual designated by the
				department;
(3) At the time of
				examination, each person seeking certification shall present a valid,
				government-issued photo identification or other similarly reliable form of
				identification as proof of identity and age;
(4) Each person seeking certification shall
				be given instruction on examination procedure before beginning the
				examination;
(5) Examinations shall
				be kept secure before, during, and after the examination period. No portion of
				the examination or associated reference materials may be copied or retained by
				any person other than persons authorized by the department,-
(6) There shall be no verbal or non-verbal
				communication with anyone other than the proctor during the examination
				period;
(7) Only reference
				materials approved by the department may be used during the examination;
				and
(8) In addition to the written
				examination the department may employ additional methods for determining
				applicator competency.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 66 - PESTICIDES › Section 4-66-58 - Specific standards for certification of applicators

Current through June, 2024
In addition to satisfying the requirements of section
				  4-66-57, applicants for certification shall demonstrate through written
				  examinations practical knowledge of the principles and practices of pest
				  control and proper and effective use of restricted use pesticides for each
				  particular category or subcategory of certification applied for, as follows:
(a) Commercial applicators
(1) Category 1, agricultural pest control,
				which includes the following subcategories:
(A) Crop pest control applicators shall
				demonstrate practical knowledge of the crops, grasslands, and non-crop
				agricultural lands and the specific pests on those areas on which the
				applicator may be using restricted use pesticides. Applicators in this category
				shall demonstrate operational knowledge concerning soil and water problems,
				pre-harvest intervals, restricted entry intervals, phytotoxicity, potential for
				environmental contamination, non-target injury and other problems resulting
				from the use of restricted use pesticides in agricultural areas;
(B) Animal pest control applicators shall
				demonstrate practical knowledge of such animals and the animals' associated
				pests. The required knowledge includes specific pesticide toxicity and residue
				potential, and the hazards associated with factors such as formulation,
				application techniques, age of animals, stress and extent of treatment; and
(C) Soil and non-soil fumigant
				pest control applicators shall demonstrate practical knowledge of the pest
				problems and pest control practices associated with performing fumigation
				applications, including label and labeling comprehension, worker protection
				measures, restricted entry periods, recordkeeping requirements, and safety
				measures to minimize adverse health effects. Applicators shall also demonstrate
				an understanding of how applicators and bystanders can be exposed to fumigants,
				signs and symptoms of exposure to fumigants, first aid procedures, emergency
				preparedness, the ability to calculate buffer zones, air concentrations of
				fumigant, and preparation of site-specific fumigant management plans and
				post-application summaries.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 66 - PESTICIDES › Section 4-66-59 - REPEALED

Current through June, 2024
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2017-01, November,
				  eff.11/3/2017 is not
				  yet available.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 66 - PESTICIDES › Section 4-66-61 - Conditions on the use of restricted use pesticides by non-certified applicator

Current through June, 2024
A person may apply a restricted use pesticide, provided
				  that:
(1) The person is under the
				direct supervision of an applicator certified in each category applicable to
				the restricted use pesticide being used.
(2) The certified applicator shall give the
				non-certified applicator use-specific written instructions in a manner the
				non-certified applicator can understand. The use-specific instructions shall
				include labeling directions, precautions, and requirements applicable to the
				site, method of application, and pesticide used. The certified applicator shall
				ensure that equipment used for mixing, loading, transferring, or applying
				pesticides is in proper operating condition and can reasonably be used without
				risk by the non-certified applicator. The certified applicator shall ensure
				that the non-certified applicator has access to the applicable product labeling
				at all times during use, and if the labeling requires that personal protective
				equipment be worn, the certified applicator shall ensure that the non-certified
				applicator has the appropriate clean personal protective equipment available
				and the equipment is used correctly for its intended purpose. The certified
				applicator shall ensure that the means to immediately communicate with the
				certified applicator is available to each non-certified applicator.
(3) The certified applicator shall be
				responsible for all violations of chapter 149A, Hawaii Revised Statutes and
				these rules.
(4) The non-certified
				applicator shall meet the minimum age requirement to use or apply restricted
				use pesticides under the supervision of a certified applicator. The
				non-certified applicator shall also meet any other non-certified applicator
				qualification requirements specified in title 40, part 171, Code of Federal
				Regulations (2018).
(5) The label
				of the pesticide being used must not prohibit its use by a non-certified
				applicator under the direct supervision of a certified applicator.
(6) Failure to abide by chapter 149A, Hawaii
				Revised Statutes and these rules may result in certification revocation, or
				subject the certification holder to additional penalties as provided by
				law.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 66 - PESTICIDES › Section 4-66-62 - Certified pesticide applicator recordkeeping

Current through June, 2024
(a)
				Certified pesticide applicators shall keep records of all restricted use
				pesticide applications at the applicator's principal place of
				business.
(b) These records must be
				kept for a period of two years and shall be made available for inspection and
				copying by the head during reasonable working hours.
(c) Recordkeeping information shall include:
(1) Brand or common name of pesticide product
				applied;
(2) EPA registration
				number;
(3) Type of
				formulation;
(4) Per cent active
				ingredient;
(5) Scientific or
				common name of target pest;
(6)
				Dilution rate;
(7) Total amount of
				pesticide used;
(8) Total area
				covered;
(9) Time and date of
				application;
(10) Address or
				location of treated site;
(11) Name
				of certified applicator and his or her certification number;
(12) Crop, commodity, stored product or other
				site;
(13) Restricted entry
				interval and whether posting and oral notification are required; and
(14) Any other information the head deems
				necessary.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 66 - PESTICIDES › Section 4-66-63 - REPEALED

Current through June, 2024
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2017-01, November,
				  eff.11/3/2017 is not
				  yet available.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 66 - PESTICIDES › Section 4-66-63.1 - Annual Use Permit

Current through June, 2024
(a) A pesticide may
				be designated by the board as requiring an annual use permit for purchase if
				the department, after an evaluation of pesticide uses in accordance with
				section 4-66-32.1, determines that existing controls over the pesticide may be
				inadequate to prevent potential unreasonable adverse effects on humans or the
				environment and that tracking and controlling use is appropriate.
(b) An annual use permit is required for the
				purchase and use of picloram. Additional pesticides may be designated as
				requiring an annual use permit as provided in section 4-66-63.1(a). The board,
				upon designation of any additional pesticide product as requiring an annual use
				permit, shall maintain a list of such pesticide products at the department
				Office of the Chairperson. The list of pesticide products that require an
				annual use permit shall also be posted on the department's website.
(c) Application for an annual use permit
				shall be on forms prescribed by the head, and shall include the applicant's
				name and address, name of applicator, acreage amount to be treated, location,
				and other information as the head may require. Forms are available at the
				department or on-line at
https://hdoa.hawaii.gov
. An application
				and permit may be amended during the permit period to add acreage, other
				locations, additional quantity of pesticide or other changes, as
				appropriate.
(d) In determining
				whether to issue an annual use permit, the potential use described in an
				application will be reviewed for compliance with the pesticide's label
				directions. The head shall determine the quantity of pesticide to be authorized
				for each permit and other permit conditions necessary to prevent unreasonable
				adverse effects to humans or the environment.
(e) Failure to comply with the terms or
				conditions of any annual use permit may result in permit revocation and subject
				the permittee to additional penalties as provided by law.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 66 - PESTICIDES › Section 4-66-64 - Conditions and limitations on aerial application of restricted use pesticides

Current through June, 2024
(a) No person shall apply a restricted use
				pesticide by manned or unmanned aircraft except by special permit issued by the
				head and under the following conditions and limitations:
(1) Application for a special permit to apply
				restricted use pesticides by aerial application shall be made on forms
				prescribed by the head. Forms are available at the department or on-line at
https://hdoa.hawaii.gov
;
(2) The special permit application shall
				include date, name, address and certification number of the applicator, purpose
				of aerial treatment, restricted use pesticide formulation, dosage, method of
				aerial treatment, the proposed number of treatments to be made, and a sketch or
				map that indicates general wind directions, proposed site or sites to be
				treated, homes, roadways, waterways, and crop plantings in the
				vicinity;
(3) The head may refuse
				to issue a special permit for aerial application of restricted use pesticides
				if it is determined that the proposed aerial treatment may cause unreasonable
				adverse effects to humans or the environment or will create a hazard. All
				refusals shall be in writing and the reasons for refusal stated;
(4) A special permit for aerial application
				of restricted use pesticides shall specify the time period for which the
				special permit is valid. The head may specify and limit a special permit for
				aerial application of restricted use pesticides to cover a single, multiple, or
				continual treatments when conditions are not expected to change or vary during
				subsequent treatments that are conducted in the same designated area or areas;
(5) Any special permit for aerial
				application of restricted use pesticides may be canceled or revoked by the head
				before its stated expiration date for reasonable cause. Such cancellation or
				revocation shall be in writing and reasons for cancellation or revocation
				stated;
(6) The head shall be
				notified no less than twenty-four hours in advance of the aerial treatment
				unless another time period is specified as a permit condition; and
(7) The issuance of a special permit for
				aerial application of a restricted use pesticide shall not relieve the
				permittee from the penalty provisions of the Act or any liability for any
				damage or contamination of crops or plants, animals, humans, and the
				environment resulting from the aerial treatment or contamination of crops or
				plants, animals, humans, and the environment resulting from the aerial
				application of restricted use pesticides.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 66 - PESTICIDES › Section 4-66-64.1 - Conditions and limitations on pesticide application by means other than aerial treatment

Current through June, 2024
(a) No person shall
				apply a restricted use or nonrestricted use pesticide except under the
				following conditions and limitations:
(1) All
				pesticide applications shall be made in accordance with the product
				label;
(2) Spray equipment nozzles
				shall be equipped with a device to prevent leakage when spray is turned
				off;
(3) Self-propelled power rigs
				used for inter-row or broad-cast applications shall be equipped with a pressure
				control device and a pressure gauge;
(4) Reasonable methods necessary to minimize
				the risk of off-target pesticide product movement shall be utilized;
				and
(5) Power rigs, mist blowers,
				and other equipment used to disperse any pesticide product shall be inspected
				and maintained in good working order according to the manufacturer's
				instructions.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 66 - PESTICIDES › Section 4-66-64.2 - Conditions and limitations on restricted use pesticide application within buffer zones

Current through June, 2024
(a) Beginning
				January 1, 2 019, no person shall apply a restricted use pesticide on or within
				one hundred feet of a school property during normal school hours.
(b) This section shall not apply to whole
				structure fumigation.
(c) If this
				section is determined to conflict with any pesticide application information
				listed on the pesticide label, the more restrictive provision shall
				apply.
(d) Buffer zones may be
				determined by tax map key number, or if tax map key number is not an
				appropriate means of establishing the buffer zone, by property boundaries such
				as fence lines, landscaping, or other method that is reasonably capable of
				determining the school's property.
(e) School locations may be identified by
				readily available public records.
(f) The certified applicator shall be
				responsible for all violations of chapter 149A, Hawaii Revised Statutes and
				this rule.
As used in this section:
"Buffer zone" means an area in which no restricted use
				  pesticides may be applied.
"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.
Hawaii Administrative Rules › Title 4 - DEPARTMENT OF AGRICULTURE › Subtitle 6 - DEPARTMENT OF AGRICULTURE › Chapter 66 - PESTICIDES › Section 4-66-65 - REPEALED

Current through June, 2024
The amended
				  version of this section by
				  Hawaii
				  Administrative Rules Listing of Filings, 2017-01, November,
				  eff.11/3/2017 is not
				  yet available.