Bill Text: HI HB1302 | 2018 | Regular Session | Introduced
Bill Title: Relating To Pesticide Use.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2017-11-30 - Carried over to 2018 Regular Session. [HB1302 Detail]
Download: Hawaii-2018-HB1302-Introduced.html
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
1302 |
|
TWENTY-NINTH LEGISLATURE, 2017 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
Relating to pesticide Use.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 149A-2, Hawaii Revised Statutes, is amended by amending the definition of "certified pesticide applicator" to read as follows:
""Certified
pesticide applicator" means any individual who is certified under section
149A-33(1) as authorized to use or supervise the use of any pesticide [which
is classified for restricted use]."
SECTION 2. Section 149A-31, Hawaii Revised Statutes, is amended to read as follows:
"§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 and further provided that, when a pesticide is applied by a commercial applicator, the deviation from the label recommendations must 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 such 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 which 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; or
(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."
SECTION 3. Section 149A-33, Hawaii Revised Statutes, is amended to read as follows:
"§149A-33 Rules. The department shall
[have the authority to] carry out and effectuate the purpose of this
chapter by adopting 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]; provided that the certification of
persons to use pesticides shall include an educational component either
established or approved by the department;
(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] that specify those conditions [which]
that 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."
SECTION 4. Section 149A-34, Hawaii Revised Statutes, is amended to read as follows:
"§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."
SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect on January 1, 2018.
|
INTRODUCED BY: |
_____________________________ |
|
|
|
Report Title:
Pesticide Use
Description:
Prohibits the use of any pesticide unless the user is certified by DOA. Requires DOA to include an educational component to the pesticide use certification process. Requires DOA to adopt rules to carry out the purposes of chapter 149A, HRS. Effective 1/1/18.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
