HB1641

HOUSE OF REPRESENTATIVES	H.B. NO.	1641
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII

A BILL FOR AN ACT

SECTION 1. Section 149A-2, Hawaii Revised Statutes, is amended by adding a new definition to read as follows: ""Structural pesticide applicator" means a commercial pesticide applicator that is validly certified for structural fumigation by the department of agriculture."

SECTION 2. Section 149A-11, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(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 to 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[.]; and

(7) For any pesticide dealer to expose or to offer for sale or to solicit or receive orders for the sale of restricted use pesticides to a structural pesticide applicator unless the applicator is directly employed or supervised by a pest control operator licensed under chapter 460J; provided that the pesticide dealer shall be required to confirm the validity of the pest control operator's license no less than once every one hundred twenty days."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________