Bill Text: HI HB1860 | 2018 | Regular Session | Introduced

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Bill Title: Relating To Landscape Workforce.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2018-02-02 - Re-referred to LAB, CPC, referral sheet 14 [HB1860 Detail]

Download: Hawaii-2018-HB1860-Introduced.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	1860
TWENTY-NINTH LEGISLATURE, 2018
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to Landscape workforce.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  The legislature finds that many pesticides are hazardous to human health, causing negative reproductive and developmental effects, cancer, kidney and liver damage, and endocrine disruption.  However, many of the harmful effects of pesticides can be avoided through proper pesticide application, handling, and storage.

     The legislature further finds that individuals who apply pesticides as part of their occupations are particularly susceptible to the harmful effects of pesticides due to their frequent exposure.  Many of these individuals lack proper training on the use of pesticides, fail to take proper safety precautions, and unnecessarily expose themselves to these chemicals.

     The purpose of this Act is to protect landscape workers who regularly apply general use pesticides by requiring them to participate in a certification program for the proper use of those pesticides.

     SECTION 2.  Section 149A-2, Hawaii Revised Statutes, is amended by adding two new definitions to be appropriately inserted and to read as follows:

     ""Certified general use pesticide applicator" means any individual who is certified under section 149A-33(6) as authorized to use or supervise the use of any general use pesticide.

     "Landscape workforce member" means any person who performs work in the landscape industry for a fee, including gardeners, groundskeepers, greenskeepers, and landscapers."

     SECTION 3.  Section 149A-11, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  It shall be unlawful [to]:

     (1)  [Detach,] To detach, alter, deface, or destroy, in whole or in part, any label or alter any labeling of a pesticide unless it is approved by the department to correct an improper label or labeling under section 24(c), FIFRA;

     (2)  [Add] To add any substance to, or take any substance from, a pesticide in a manner that may defeat the purpose of this chapter;

     (3)  [Use] To use for a person's own advantage or reveal any information relative to formulas of products acquired in the administration of this chapter, to persons other than to the chairperson or proper officials or employees of the State or the federal government; to the courts of this State or the federal government in response to a subpoena; to physicians; or, in emergencies, to pharmacists and other qualified persons for use in the preparation of antidotes;

     (4)  For any pesticide dealer, wholesaler, or retailer to expose or to offer for sale or to solicit or receive orders for the sale of restricted use pesticides unless the dealer, wholesaler, or retailer has applied for and has obtained a license from the department;

     (5)  For any pesticide dealer, wholesaler, or retailer to expose or to offer for sale or to solicit or receive orders for the sale of restricted use pesticides to any person other than a certified pesticide applicator;

     (6)  For any pesticide dealer, wholesaler, or retailer to make any verbal or written claim or representation relating to any pesticide product that is inconsistent with the specific pesticide product label; [or]

     (7)  For any pesticide dealer to expose to, offer for sale to, or solicit or receive orders for the sale of restricted use pesticides to any pest control operator or to an employee of the pest control operator acting on the pest control operator's behalf without satisfactory proof that the pest control operator holds, or has held within the previous one hundred twenty days, a pest control license and, when applicable, without satisfactory proof that the employee is employed by the pest control operator[.]; or

     (8)  For any landscape workforce member to apply any general use pesticide in the course of business unless the landscape workforce member is a certified general use pesticide applicator."

     SECTION 4.  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 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;

     (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 specify those conditions which 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[.]; and

     (6)  To establish fees, procedures, conditions, and standards to certify landscape workforce members as general use pesticide applicators; provided that the certification process shall occur on an annual basis and include a requirement that a landscape workforce member participate in at least one general use pesticide training workshop or educational program prior to initial certification as a certified general use pesticide applicator."

     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 July 1, 2018.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Landscaping; Landscape Workers; Pesticide; Applicator Certification

 

Description:

Requires that landscape workers participate in a general use pesticide training workshop or educational program and obtain a certification prior to the application of general use pesticides.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.