Report Title:

Pesticides

Description:

Requires applicators of pesticides to gauge environmental conditions when applying pesticides; ensures that the pesticide application does not contaminate or damage nontarget crops, animals, property, or persons. Requires the posting of warning signs when pesticides have been applied on public property.

HOUSE OF REPRESENTATIVES

H.B. NO.

2178

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING to PESTICIDES.

 

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

SECTION 1. Chapter 149A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§149A- Pesticide application on public property; warning signs. Pesticide applications on public property that take place on school grounds, parks, or other rights-of-way where public exposure is foreseeable shall be posted with warning signs. The signs shall contain a warning that the area has been treated with a pesticide, and that individuals are not to enter the area."

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);

(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[.];

(7) Apply pesticides without evaluating the equipment to be used, meteorological conditions, the property to be treated, and surrounding properties prior to and during application to determine the likelihood of harm or damage; or

(8) Apply pesticides when there is a reasonable possibility of:

(A) Contamination of the clothing or bodies of persons not involved in the application process;

(B) Damage to nontarget crops, animals, or other public or private property; or

(C) Contaminating nontarget public or private property, including the creation of a health hazard and preventing the normal use of such property. In determining whether there is a health hazard, the amount and toxicity of the pesticide, the type and uses of the property, and related factors shall be considered."

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.

INTRODUCED BY:

_____________________________