HAWAII PESTICIDES LAW
Part I. General Provisions
149A-1 Short title
149A-3 Delegation of duties
149A-4 Effect of chapter on department of health
Part II. Pesticide Licensing and Sale
149A-11 Prohibited acts
149A-13 Procedure for licensing pesticides
149A-13.5 Pesticide use revolving fund; pesticide training
workshops; training fee
149A-14 Refusal, cancellation, or suspension of the license
149A-15 Labeling requirements
149A-15.5 Pesticide information signs
149A-16 Coloration of certain pesticides
149A-17 Sales, permit, and record
149A-18 Denial, suspension, or revocation of permit
149A-19 Determination; rules; uniformity
149A-20 Seizures; "stop-sale" and "removal from sale" orders
Part IIA. Pesticide Reporting and Regulation Program
149A-26 Post-application reporting of pesticide use
149A-27 Public reports; contents
149A-28 Buffer zones
Part III. Pesticide Use
149A-31 Prohibited acts
149A-31.2 Pesticide use; posting online
149A-32.5 Cancellation or suspension of pesticide uses
149A-34 Denial, suspension, or revocation of certificate
149A-36 Authority to inspect
Part IV. Violations, Warning Notice, and Penalties
149A-41 Violations, warning notice, and penalties
Part V. Advisory Committee
149A-51 Advisory committee
Part VI. Miscellaneous Provisions
149A-53 Applicability of chapter 91
Pesticide subsidy program for coffee growers; report to 2021 legislature (repealed June 30, 2021). L 2014, c 105, §3; L 2015, c 152, §1; L 2017, c 65, §3.
Rules for pesticide information signs, see §149A-15.5.
Law Journals and Reviews
Poisons in Our Communities: Environmental Justice's Role in Regulating Hawai`i's Biotechnology Industry. 40 UH L. Rev. 155 (2018).
Read in the context of the larger statutory scheme of the Hawaii pesticides law, which clearly demonstrated legislative intent to create a uniform system of pesticide regulation administered by the state department of agriculture, the court interpreted this section as authorizing counties to assist in enforcing pesticide regulations established by the State, and not an authorization for counties to issue supplemental regulations on pesticides. 842 F.3d 669 (2016).
Where county passed an ordinance regarding pesticide use, court found that the State's statutory scheme for pesticides was comprehensive. Specifically, as with the county ordinance, the State's statutory scheme addressed permissible areas of pesticide application and warnings regarding the application of restricted use pesticides. Generally, the Hawaii pesticides law and its implementing rules addressed the entire life cycle of pesticides, including research/experimentation, transportation, storage, sale, use, and disposal. 842 F.3d 669 (2016).