REPORT TITLE:
Pesticides


DESCRIPTION:
Defines "integrated pest management".  Amends the definition of
"pest" under the Hawaii pesticides law.  Allows the pesticide use
revolving fund (fund) to be used for the development of
integrated pest management strategies and personnel costs.
Removes the ceiling on the balance of the fund and allows the
fund to retain all moneys.  Clarifies that penalties imposed by
the board of agriculture are administrative penalties and
provides a procedure to recover administrative penalties imposed.
Deletes pesticides that are no longer registered for use from
coloration requirements.  Exempts pesticides deregulated by the
U.S. Environmental Protection Agency from regulation in Hawaii.
(HB2405 HD2)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2405
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 2
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO PESTICIDES.



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

 1      SECTION 1.  Section 149A-2, Hawaii Revised Statutes, is
 
 2 amended as follows:
 
 3      1.  By adding a new definition to be appropriately inserted
 
 4 and to read:
 
 5      ""Integrated pest management" means a sustainable approach
 
 6 to managing pests by combining biological, cultural, physical,
 
 7 and chemical tools in a way that minimizes economic, health, and
 
 8 environmental risks."
 
 9      2.  By amending the definition of "pest" to read:
 
10      "Pest" means any insect, rodent, nematode, fungus, weed, or
 
11 any other form of terrestrial or aquatic plant or animal life or
 
12 virus, bacterium, or any other microorganism, except viruses,
 
13 bacterium, or any other microorganisms on or in living humans or
 
14 other living animals, which [the board declares to be a pest.] is
 
15 injurious to plants, humans, domestic animals, articles or
 
16 substances, or the environment."
 
17      SECTION 2.  Section 149A-13.5, Hawaii Revised Statutes, is
 
18 amended to read as follows:
 

 
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 1      "[[]149A-13.5[]]  Pesticide use revolving fund; pesticide
 
 2 training workshops; training fee.(a)  There is established
 
 3 within the treasury of the State, a pesticide use revolving fund.
 
 4 The fund shall be administered by the department for the purposes
 
 5 of this section.  The fund shall consist of:
 
 6      (1)  Licensing and registration fees and charges collected
 
 7           by the department under section 149A-13(b); and
 
 8      (2)  All fees collected by the department through the
 
 9           collection of training fees in accordance with
 
10           subsection (c).
 
11      (b)  Moneys in the pesticide use revolving fund shall be
 
12 expended by the department to support the pesticide program's
 
13 registration and licensing, certification and education, and
 
14 compliance monitoring activities.  The department shall also
 
15 expend revolving fund moneys on the establishment of pesticide
 
16 training workshops, educational programs, development of
 
17 integrated pest management strategies, and other services for
 
18 pesticide users such as the agricultural pest control industry,
 
19 the structural pest control industry, and consumer users of
 
20 pesticides, which provide pesticide instruction in areas[,]
 
21 including but not limited to[,] the collection, disposal, and
 
22 recycling of pesticide containers and all other pesticide
 
23 services deemed necessary by the department.  Moneys from the
 

 
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 1 revolving fund may be used for [the purchase of] personnel,
 
 2 services, materials, and equipment[.] for the purposes of this
 
 3 section.
 
 4      Moneys expended by the department from the pesticide use
 
 5 revolving fund for training workshops, educational programs, and
 
 6 other services for the agricultural pest control industry, the
 
 7 structural pest control industry, and consumer groups shall be
 
 8 [done so] expended in a manner that appropriately addresses the
 
 9 needs of each category of pesticide user.
 
10      (c)  The department may set fees for the educational
 
11 services and training provided under this section.
 
12      (d)  All interest earned on the deposit or investment of the
 
13 moneys in the fund shall become a part of the fund.
 
14      [(e)  The balance in the revolving fund shall not exceed
 
15 $250,000.  All amounts in excess of the $250,000 shall be
 
16 deposited to the credit of the state general fund.]"
 
17      SECTION 3.  Section 149A-16, Hawaii Revised Statutes, is
 
18 amended to read as follows:
 
19      "149A-16  Coloration of certain pesticides.  [(a)
 
20 Pesticides known as standard lead arsenate, basic lead arsenate,
 
21 calcium arsenate, magnesium arsenate, zinc arsenate, zinc
 
22 arsenite, sodium fluoride, sodium fluosilicate, or barium
 
23 fluosilicate shall be distinctly colored as specified by rule.
 

 
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 1      (b)]  The department may require, by rule, the distinct
 
 2 coloration of [other] certain pesticides [that it] as the EPA
 
 3 determines or, for a product registered pursuant to section 149A-
 
 4 19(a)(7), as the department determines to be necessary to protect
 
 5 [the] public health and the environment."
 
 6      SECTION 4.  Section 149A-19, Hawaii Revised Statutes, is
 
 7 amended by amending subsection (a) to read as follows:
 
 8      "(a) The board, after having afforded interested and
 
 9 affected parties an opportunity to be heard and, in instances in
 
10 which human health is affected, after consultation with the
 
11 director of health, shall [make and] adopt rules[:
 
12      (1)  To declare as a pest any form of plant or animal life
 
13           or virus which is injurious to plants, humans, domestic
 
14           animals, articles, or substances;
 
15      (2)  To determine] to:
 
16      (1)  Determine the pesticides [which] that are highly toxic
 
17           to humans[; to], designate pesticides as restricted use
 
18           or nonrestricted use[;], and [to] establish a system of
 
19           control over the distribution and use of certain
 
20           pesticides and devices purchased by the consuming
 
21           public;
 
22     [(3)  To determine] (2) Determine standards of coloring for
 
23           pesticides, and [to] subject pesticides to the
 
24           requirements of section 149A-16;
 

 
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                                     H.B. NO.           H.D. 2
                                                        
                                                        

 
 1     [(4)  To establish] (3) Establish procedures, conditions, and
 
 2           fees for the issuance of licenses for sale of
 
 3           restricted use pesticides;
 
 4     [(5)  To establish] (4) Establish fees for the licensing of
 
 5           pesticides within the limitations of section 149A-
 
 6           13(b);
 
 7     [(6)  To establish] (5) Establish procedures for the
 
 8           licensing of pesticides;
 
 9     [(7)  To establish] (6) Establish procedures for the
 
10           registration of pesticides under provisions of section
 
11           24(c), FIFRA;
 
12     [(8)  To establish] (7) Establish procedures for the disposal
 
13           of pesticides; and
 
14     [(9)  To establish] (8) Establish procedures to issue
 
15           experimental use permits under provisions of section 5
 
16           of FIFRA."
 
17      SECTION 5.  Section 149A-37, Hawaii Revised Statutes, is
 
18 amended to read as follows:
 
19      "149A-37  Exemptions.  (a)  Exemption from this chapter may
 
20 be granted by the department to the University of Hawaii and
 
21 other state and federal agencies for experimental or research
 
22 work directed toward obtaining knowledge of the characteristics
 
23 and proper usage of unspecified or experimental pesticides.
 

 
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 1 Research and experimental work conducted by private agencies with
 
 2 adequate research facilities may also be similarly exempted upon
 
 3 approval by the department.  Approval [must] shall be in writing
 
 4 stating the specific exemptions and conditions.
 
 5      (b)  Any pesticide exempted by the Administrator of the EPA
 
 6 pursuant to title 7, United States Code, section 136w(b), shall
 
 7 be exempt from this chapter, if the pesticide product meets the
 
 8 terms and conditions of the EPA's exemption, except for
 
 9 pesticides that the department has determined by rule may cause
 
10 unreasonable adverse effects on the environment."
 
11       SECTION 6.  Section 149A-41, Hawaii Revised Statutes, is
 
12 amended by amending subsection (b) to read as follows:
 
13      "(b) [Civil] Administrative penalties.
 
14      (1)  In general, any registrant, commercial applicator,
 
15           wholesaler, dealer, retailer, or other distributor who
 
16           violates any provision of this chapter may be assessed
 
17           [a civil] an administrative penalty by the board of not
 
18           more than $5,000 for each offense[.];
 
19      (2)  Any private applicator or other person not included in
 
20           paragraph (1) who violates any provision of this
 
21           chapter relating to the use of pesticides while on
 
22           property owned or rented by that person or the person's
 
23           employer, subsequent to receiving a written warning
 

 
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                                     H.B. NO.           H.D. 2
                                                        
                                                        

 
 1           from the department or following a citation for a prior
 
 2           violation, may be assessed [a civil] an administrative
 
 3           penalty by the board of not more than $1,000 for each
 
 4           offense.  Any private applicator or other person not
 
 5           included in paragraph (1) who violates any provision of
 
 6           this chapter relating to licensing, transport, sale,
 
 7           distribution, or application of a pesticide for
 
 8           commercial purposes may be assessed [a civil] an
 
 9           administrative penalty as provided in paragraph (1).
 
10      (3)  No [civil] administrative penalty shall be assessed
 
11           unless the person charged shall have been given notice
 
12           and an opportunity for a hearing on the specific charge
 
13           in the county of the residence of the person charged.
 
14           The [civil] administrative penalty and any proposed
 
15           action contained in the notice of finding of violation
 
16           shall become a final order unless, within twenty days
 
17           of receipt of the notice, the person or persons charged
 
18           make a written request for a hearing.  In determining
 
19           the amount of penalty, the board shall consider the
 
20           appropriateness of the penalty to the size of the
 
21           business of the person charged, the effect on the
 
22           person's ability to continue business, and the gravity
 
23           of the violation[.]; and
 

 
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                                     H.B. NO.           H.D. 2
                                                        
                                                        

 
 1      (4)  In case of inability to collect the [civil]
 
 2           administrative penalty or failure of any person to pay
 
 3           all or such portion of the [civil] administrative
 
 4           penalty as the board may determine, the board shall
 
 5           refer the matter to the attorney general, who shall
 
 6           recover the amount by action in the appropriate court.
 
 7           For any judicial proceeding to recover the
 
 8           administrative penalty imposed, the attorney general
 
 9           need only show that notice was given, a hearing was
 
10           held or the time granted for requesting a hearing has
 
11           expired without such a request, the administrative
 
12           penalty was imposed, and that the penalty remains
 
13           unpaid."
 
14      SECTION 7.  Statutory material to be repealed is bracketed.
 
15 New statutory material is underscored.
 
16      SECTION 8.  This Act shall take effect on July 1, 2000.