HOUSE OF REPRESENTATIVES
TWENTY-NINTH LEGISLATURE, 2018
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO PESTICIDES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature recognizes that, in November 2016, the Environmental Protection Agency released a revised human health risk assessment for chlorpyrifos, a chemical pesticide. In its revised risk assessment, the Environmental Protection Agency confirmed that there are no safe uses of chlorpyrifos.
Specifically, the Environmental Protection Agency found that:
(1) All food and drinking water exposures to chlorpyrifos exceed safe levels;
(2) Pesticide drift reaches unsafe levels at three hundred feet from the field's edge;
(3) Chlorpyrifos is found at unsafe levels in the air at schools, homes, and communities in agricultural areas;
(4) All workers who mix and apply chlorpyrifos are exposed to unsafe levels of the pesticide even with maximum personal protective equipment and engineering controls in place;
(5) Field workers are allowed to re-enter fields within one to five days after pesticide spraying, but unsafe exposures continue on average for eighteen days after applications; and
(6) Chlorpyrifos is acutely toxic and associated with neurodevelopmental harms in children.
As such, the legislature recognizes that children, farm workers, and residents in agricultural communities are uniquely vulnerable to chlorpyrifos.
The purpose of this Act is to ban the distribution, sale, use, storage, and manufacturing of chlorpyrifos within the State.
SECTION 2. Section 149A-11, Hawaii Revised Statutes, is amended to read as follows:
"§149A-11 Prohibited acts. (a) Except as otherwise exempted in section 149A-12, it shall be unlawful for any person to distribute, solicit, sell, offer for sale, hold for sale, transport, deliver for transportation, or receive and having so received, deliver or offer to deliver to any person in intrastate commerce or between points within this State through any point outside this State any of the following:
(1) Any pesticide which is not licensed pursuant to section 149A-13, or any pesticide if any of the claims made for it or any of the directions for its use differ in substance from the representations made in connection with its licensing, or if the composition of a pesticide differs from its composition as represented in connection with its licensing; provided that in the discretion of the department, a change in the labeling or formula of a pesticide may be made within a licensing period without requiring an additional licensing of the product.
(2) Any pesticide unless it is in the licensee's or the manufacturer's unbroken immediate container, and there is affixed to the container and to the outside container or wrapper of the retail package, if any, through which the required information on the immediate container cannot be clearly read, a label bearing information pursuant to section 149A-15.
(3) Any pesticide which contains any substance or substances in quantities highly toxic to humans, determined as provided in section 149A-19, unless the label bears, in addition to any other matter required by this chapter:
(A) A symbol of the skull and crossbones;
(B) The word "POISON" prominently, in red, on a background of distinctly contrasting color; and
(C) A statement of emergency medical treatment or an antidote when appropriate for the pesticide.
(4) Pesticides containing any of the ingredients commonly known as standard lead arsenate, basic lead arsenate, calcium arsenate, magnesium arsenate, zinc arsenate, zinc arsenite, sodium fluoride, sodium fluosilicate, or barium fluosilicate, unless they have been distinctly colored or discolored, or any other white powder pesticide which the board requires to be distinctly colored or discolored after investigation of and after a public hearing on the necessity for and feasibility of coloring or discoloring the pesticide for the protection of the public health, unless it has been so colored or discolored pursuant to section 149A-16.
(5) Any pesticide or device which is adulterated or misbranded as defined in section 149A-2.
(6) Any pesticide or device that is an imitation of another pesticide or device.
(7) Any restricted use pesticide unless the person has a permit issued in accordance with section 149A-17.
(8) Any restricted use pesticide to persons other than a certified pesticide applicator or any uncertified personnel under the certified pesticide applicator's supervision, or a licensed dealer, wholesaler, or retailer.
(b) It shall be unlawful to:
(1) 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 any substance to, or take any substance from, a pesticide in a manner that may defeat the purpose of this chapter;
(3) 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; [
(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[
(8) Use, store, or manufacture chlorpyrifos within this State."
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 on January 28, 2045.
Agriculture; Pesticides; Ban on Chlorpyrifos
Bans import, use, manufacture, sale, and storage of chlorpyrifos in the State. (HB1756 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.