THE SENATE

S.B. NO.

1037

TWENTY-EIGHTH LEGISLATURE, 2015

S.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO THE HEALTH IMPACTS OF PESTICIDES.

 

 

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

 


SECTION 1. Chapter 321, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"PART    . MANDATORY DISCLOSURE OF PESTICIDE USE

321-   Definitions. As used in this part, unless the context clearly requires otherwise:

"Active ingredient" means:

(1) In the case of a pesticide other than a plant regulator, defoliant, or desiccant, an ingredient that will prevent, destroy, repel, or mitigate any pest;

(2) In the case of a plant regulator, an ingredient that, through physiological action, will accelerate or retard the rate of growth or maturation or otherwise alter the behavior of ornamental or crop plants or the produce thereof;

(3) In the case of a defoliant, an ingredient that will cause the leaves or foliage to drop from the plant; and

(4) In the case of a desiccant, an ingredient that will artificially accelerate the drying of plant tissues.

"Crops" means commodities produced from the earth that are planted, raised, and gathered within the course of a single season.

"Defoliant" means any substance or mixture of substances intended for causing the leaves or foliage to drop from the plant, with or without causing abscission.

"Department" means the department of health.

"Desiccant" means any substance or mixture of substances intended for artificially accelerating the drying of plant tissue.

"Inert ingredient" means an ingredient that is not an active ingredient.

"Pest" means any insect, rodent, nematode, fungus, weed, or any other form of terrestrial or aquatic plant or animal life or virus, bacterium, or any other microorganism, except viruses, bacterium, or any other microorganisms on or in living humans or other living animals, that the Administrator of the United States Environmental Protection Agency determines to be a pest.

"Pesticide" means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, and any substance or mixture of substances intended for use as an attractant, plant regulator, defoliant, or desiccant. A product shall be deemed to be a pesticide regardless of whether it is intended for use as packaged, or as a dilution or mixture with substances such as carriers or baits. Products not considered pesticides include:

(1) Deodorants, bleaching agents, and cleaning agents for which no pesticidal claims are made or implied;

(2) Embalming fluids;

(3) Building materials that have been treated to protect the material itself against any pest and bear no claims for protection of other surfaces or objects;

(4) Fabrics that have been treated to protect the fabric itself from insects, fungi, or any other pests;

(5) Fertilizer and other plant nutrients; and

(6) Products intended only for use after further processing or manufacturing, such as grinding to dust or other operations.

321-   Establishment; program. The department shall establish and administer a program relating to disclosure of pesticide use by any person or entity. The department shall develop a standardized reporting form.

321-   Mandatory disclosure requirements. (a) Beginning July 1, 2016, all persons or entities that cultivate crops on two hundred or more acres within a single county in any calendar year shall disclose the use of all pesticides in accordance with this section.

(b) For each month of the reporting year, the person or entity shall report to the department the use of all pesticides used in the preceding month. For each use, the report shall include:

(1) The pesticide's trade name, federal and state registration or permit number, commercial product name, active and inert ingredients, and gallons or pounds used;

(2) The method, date, and total quantity of each application;

(3) The geographic location of each application, by address and tax map key number, and, where appropriate, field number; and

(4) The total acreage and the area size where the pesticide was used.

321-   Public disclosure requirements. Beginning October 1, 2016, the department shall post online on the department's website a summary of each monthly report received under this part and, for each month, the failure of any person or entity to comply with this part."

SECTION 2. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

SECTION 3. This Act shall take effect upon its approval.


 


 

Report Title:

Pesticides; Disclosure

 

Description:

Requires the department of health to establish a mandatory disclosure program for pesticide use by all persons or entities under certain circumstances. (SD1)

 

 

 

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