Report Title:

Pesticides

 

Description:

Prohibits any political subdivision of Hawaii to adopt any ordinances and local rule regarding pesticide use or sale. Amends definition of "pesticide" not to include "new animal drug".

 

HOUSE OF REPRESENTATIVES

H.B. NO.

401

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO PESTICIDES.

 

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

SECTION 1. Legislative findings and declarations. The legislature finds and declares that:

(1) The citizens of this State benefit from a system of safe, effective, and scientifically sound pesticide regulation;

(2) A system of pesticide regulation which is consistent, coordinated, and comports with both federal and state technical expertise, is essential to the public health, safety, and welfare, and that local regulation of pesticides does not materially assist in achieving these benefits; and

(3) Hawaii's regulation of pesticides pursuant to chapter 149A, Hawaii Revised Statutes, is sufficient and adequate.

SECTION 2. Chapter 149A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§149A-    State preemption. No county or other political subdivision of this State shall adopt or continue in effect any ordinance or rule regarding pesticide sale or use, including without limitation: registration, notification of use, advertising and marketing, distribution, applicator training and certification, storage, transportation, disposal, disclosure of confidential information, or product composition."

SECTION 3. Section 149A-2, Hawaii Revised Statutes, is amended by amending the definition of "pesticide" to read:

""Pesticide" means:

(1) Any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest; and

(2) Any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant[;];

except that the term "pesticide" shall not include any article that is a "new animal drug" within the meaning of section 321(w) of Title 21 of the Federal Insecticide, Fungicide, and Rodenticide Act, that has been determined by the Secretary of Health and Human Services not to be a new animal drug by a regulation establishing conditions of use for the article, or that an animal feed within the meaning of section 321(x) of Title 21 of the Federal Insecticide, Fungicide, and Rodenticide Act bearing or containing a new animal drug."

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:

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