Bill Text: HI HB1665 | 2020 | Regular Session | Introduced
Bill Title: Relating To Health.
Spectrum: Moderate Partisan Bill (Democrat 5-1)
Status: (Introduced - Dead) 2020-02-05 - The committee(s) on AGR recommend(s) that the measure be deferred. [HB1665 Detail]
Download: Hawaii-2020-HB1665-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1665 |
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THIRTIETH LEGISLATURE, 2020 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating
to health.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that glyphosate-based pesticides, including Bayer AG's "Roundup," have been linked to increased risks of leukemia and non-Hodgkin's lymphoma. In 2015, the World Health Organization's International Agency for Research on Cancer declared glyphosate a probable human carcinogen. Based on this declaration, thousands of consumers sued Bayer AG and its subsidiary, Monsanto, attributing their cancer diagnoses to the long-term use of Roundup and other glyphosate-based pesticides. Juries have awarded several multimillion- and one multibillion-dollar judgments against Monsanto and Bayer AG.
The legislature recognizes that multiple court rulings have held that Monsanto was aware of the substantial health risks of glyphosate and that the company failed to warn consumers. In 2018, a jury awarded Dwayne Johnson more than $289,000,000, holding Monsanto liable for his non-Hodgkin's lymphoma. Johnson, a groundskeeper and pest-control manager, had used Roundup regularly for decades. Johnson was granted an expedited trial because he was so close to death. In March 2019, Edwin Hardeman was awarded $80,000,000 by a federal jury who found that Roundup use was a substantial factor in his diagnosis of non-Hodkin's lymphoma. Hardeman used Roundup for more than thirty years, on multiple properties, to control poison oak. In May 2019, Alva and Alberta Pilliod were awarded a judgment of more than $2,000,000,000 against Monsanto after both spouses developed non-Hodgkin's lymphoma. The jury found both Alva and Alberta's cancer diagnoses were linked to long-term Roundup use.
The purpose of this Act is to prohibit the use of glyphosate-based pesticides in the State, based on the substantial risks glyphosate poses to human health.
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; provided further that when a pesticide is applied by a commercial applicator, the deviation from the label recommendations shall 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 the 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 that 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;
(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; [or]
(7) Beginning January 1, 2019, use or apply any pesticide containing chlorpyrifos as an active ingredient; provided that:
(A) The department shall grant to any person, upon request, a temporary permit authorizing the person, until December 31, 2022, to use or apply a pesticide containing chlorpyrifos as an active ingredient; and
(B) Any person who
violates this paragraph shall be subject to a penalty pursuant to section 149A‑41[.];
or
(8) Use or apply any pesticide containing glyphosate as an active ingredient; provided that any person who violates this paragraph shall be subject to a penalty pursuant to section 149A-41."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Pesticide; Glyphosate; Prohibition
Description:
Prohibits
the use of any pesticide containing glyphosate as an active ingredient.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
