REPORT TITLE: 
Pesticide application


DESCRIPTION:
Requires the posting of signs when pesticide is applied on
school grounds or a playground.



 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           2337
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                     A BILL FOR AN ACT

RELATING TO PESTICIDES.



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

 1      SECTION 1.  Section 149A-31, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "�149A-31  Prohibited acts.  No person shall:
 
 4      (1)  Use any pesticide in a manner inconsistent with its
 
 5           label, except that it shall not be unlawful to:
 
 6           (A)  Apply a pesticide at any dosage, concentration, or
 
 7                frequency less than that specified on the label or
 
 8                labeling; provided that the efficacy of the
 
 9                pesticide is maintained and further provided that,
 
10                when a pesticide is applied by a commercial
 
11                applicator, the deviation from the label
 
12                recommendations must be with the consent of the
 
13                purchaser of the pesticide application services;
 
14           (B)  Apply a pesticide against any target pest not
 
15                specified in the labeling if the application is to
 
16                a crop, animal, or site specified on the label or
 
17                labeling; provided that the label or labeling does
 
18                not specifically prohibit the use on pests other
 
19                than those listed on the label or labeling;
 

 
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                                     S.B. NO.           2337
                                                        
                                                        

 
 1           (C)  Employ any method of application not prohibited by
 
 2                the labeling;
 
 3           (D)  Mix a pesticide or pesticides with a fertilizer
 
 4                when such mixture is not prohibited by the label
 
 5                or labeling; or
 
 6           (E)  Use in a manner determined by rule not to be an
 
 7                unlawful act;
 
 8      (2)  Use, store, transport, or discard any pesticide or
 
 9           pesticide container in any manner which would have
 
10           unreasonable adverse effects on the environment;
 
11      (3)  Use or apply restricted use pesticides unless the
 
12           person is a certified pesticide applicator or under the
 
13           direct supervision of a certified pesticide applicator
 
14           with a valid certificate issued pursuant to rules
 
15           adopted under section 149A-33(1);
 
16      (4)  Use or apply pesticides in any manner that has been
 
17           suspended, canceled, or restricted pursuant to section
 
18           149A-32.5;
 
19      (5)  Falsify any record or report required to be made or
 
20           maintained by rules adopted pursuant to this chapter;
 
21           [or]
 
22      (6)  Fill with water, through a hose, pipe, or other similar
 
23           transmission system, any tank, implement, apparatus, or
 

 
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                                     S.B. NO.           2337
                                                        
                                                        

 
 1           equipment used to disperse pesticides, unless the tank,
 
 2           implement, apparatus, equipment, hose, pipe or other
 
 3           similar transmission system is equipped with an air gap
 
 4           or a reduced-pressure principle backflow device meeting
 
 5           the requirements under section 340E-2 and the rules
 
 6           adopted thereunder[.]; or
 
 7      (7)  Apply any pesticide on a public school property or
 
 8           playground unless the person complies with the
 
 9           following notification procedures:
 
10           (A)  Signs shall be posted at least forty-eight hours
 
11                before application of the pesticide and remain
 
12                posted at least forty-eight hours after
 
13                application of the pesticide;
 
14           (B)  Signs shall be posted:
 
15                (i)  At every entry point where the pesticide is
 
16                     applied if the pesticide is applied in an
 
17                     enclosed area; and
 
18               (ii)  In highly visible locations around the
 
19                     perimeter of the area where the pesticide is
 
20                     applied if the pesticide is applied in an
 
21                     open area;
 
22                and
 

 
 
 
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                                     S.B. NO.           2337
                                                        
                                                        

 
 1           (C)  Signs shall contain the name and active ingredient
 
 2                of the pesticide, target pest, date of pesticide
 
 3                use, signal word indicating the toxicity category
 
 4                of the pesticide, date for re-entry to the area
 
 5                treated, name and contact number for the
 
 6                department responsible for the application, and a
 
 7                symbol indicating danger such as the skull and
 
 8                crossbones."
 
 9      SECTION 2.  Statutory material to be repealed is bracketed.
 
10 New statutory material is underscored.
 
11      SECTION 3.  This Act shall take effect one hundred-twenty
 
12 days after its approval.
 
13 
 
14                         INTRODUCED BY: __________________________