Nontoxic Pesticides

Exempts safer pesticides from state pesticide regulations.
(HB1732 HD1)

HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  The legislature finds that current Hawaii law
 2 regarding pesticide regulation is not fully consistent with the
 3 Federal Insecticide, Fungicide and Rodenticide Act, as amended.
 4      Of particular concern is the differing treatment of safer
 5 pesticides under the federal statutes and under Hawaii law.
 6      The legislature further finds that certain pesticides, by
 7 their very nature, do not pose the danger that their toxic
 8 counterparts do and are therefore properly exempted by the
 9 administrator under federal law.  At present, such an exemption
10 granted under federal law does not automatically exempt the
11 pesticide under state law, leading to a confusing statutory
12 scheme which is unnecessarily burdensome on businesses which seek
13 to comply with the laws regulating these substances.
14      The purpose of this Act is to promote consistency between
15 the state and federal statutes by exempting from regulation any
16 pesticide exempted by the administrator pursuant to the Federal
17 Insecticide, Fungicide and Rodenticide Act, as amended.
18      SECTION 2.  Section 149A-37, Hawaii Revised Statutes, is
19 amended to read as follows:

Page 2                                                     1732
                                     H.B. NO.           H.D. 1

 1      "149A-37  Exemptions. (a)  Exemption from this chapter may
 2 be granted by the department to the University of Hawaii and
 3 other state and federal agencies for experimental or research
 4 work directed toward obtaining knowledge of the characteristics
 5 and proper usage of unspecified or experimental pesticides.
 6 Research and experimental work conducted by private agencies with
 7 adequate research facilities may also be similarly exempted upon
 8 approval by the department.  Approval must be in writing stating
 9 the specific exemptions and conditions.
10      (b)  Any pesticide exempted by the administrator pursuant to
11 Title 7 United States Code, Section 136w(b) shall be exempt from
12 the provisions of this chapter; provided that the pesticide
13 product meets the terms and conditions of such exemption."
14      SECTION 3.  New statutory material is underscored.
15      SECTION 4.  This Act shall take effect upon its approval.