Report Title:

Pesticide application

Description:

Requires the posting of signs when pesticide is applied on school grounds or a playground.

HOUSE OF REPRESENTATIVES

H.B. NO.

2341

TWENTY-FIRST LEGISLATURE, 2002

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to pesticides.

 

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

SECTION 1. 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);

(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[.]; or

(7) Apply any pesticide on a public school property or playground unless the person complies with the following notification procedures:

(A) Signs shall be posted:

(i) At least forty-eight hours before application of the pesticide and remain posted at least forty-eight hours after application of the pesticide;

(ii) At every entry point where the pesticide is applied if the pesticide is applied in an enclosed area; and

(iii) In highly visible locations around the perimeter of the area where the pesticide is applied, if the pesticide is applied in an open area;

and

(B) Signs shall contain the name and active ingredient of the pesticide, target pest, date of pesticide use, signal word indicating the toxicity category of the pesticide, date for re-entry to the area treated, name, and contact number for the department responsible for the application, and a symbol indicating danger such as the skull and crossbones."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect one hundred twenty days after its approval.

INTRODUCED BY:

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