STAND. COM. REP. NO. 1523

Honolulu, Hawaii

RE:    H.B. No. 1646

       H.D. 2

       S.D. 1

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fourth State Legislature

Regular Session of 2007

State of Hawaii

Madam:

     Your Committees on Energy and Environment and Water, Land, Agriculture, and Hawaiian Affairs, to which was referred H.B. No. 1646, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO PESTICIDES,"

beg leave to report as follows:

     The purpose of this measure is to protect the health and safety of consumers and the environment by providing information and education to consumers on the hazards of pesticide use and storage.

     Specifically, this measure requires retailers of pesticides to provide information, through posted signs, on the proper handling, storage, and disposal of all pesticides for sale.  In addition, this measure authorizes the Department of Agriculture to develop rules regarding the size and placement of the warning signs.

     Your Committees received testimony in support of this measure from the Department of Agriculture, the Hawaii Food Industry Association, and thirteen individuals.  The Retail Merchants of Hawaii, the Hawaii Pest Control Association and three individuals submitted comments.

     Your Committees find that pesticide exposure has detrimental and often irreversible effects on the health of residents in the community and the environment.  Requiring retailers to post informational signage regarding the hazards of pesticide use and storage will help to reduce unnecessary risks to the public and the environment.

     Your Committees further find that the Department of Agriculture, when establishing signage rules, should address the language barrier issues that are present in this diverse culture, to ensure that non-English speaking persons are aware of the dangers posed by pesticides.

     In addition, the Department of Agriculture and other appropriate agencies should take a proactive approach to educating the public on the hazards of pesticides, including a campaign to raise awareness of the hazards of use, storage, handling, and how to alert children to the dangers of these poisonous chemicals.  Although information regarding these hazards is accessible through the federal Environmental Protection Agency, homeowners are often not aware of how to access this information.  The Department of Agriculture's website is an excellent source of consumer information, and should include Environmental Protection Agency information.

     Your Committees further find that the Department of Agriculture should examine the possibility of indemnification of pesticide retailers.

     Your Committees amended this measure by:

     (1)  Changing the section title from "pesticide warning signs" to "pesticide information signs";

     (2)  Adding the definition "distribute or sell" to section 149A-2, Hawaii Revised Statutes; and

     (3)  Clarifying that retailers have the option to post the warning sign or place the warning sign at the product display areas.

     As affirmed by the records of votes of the members of your Committees on Energy and Environment and Water, Land, Agriculture, and Hawaiian Affairs that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 1646, H.D. 2, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 1646, H.D. 2, S.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committees on Energy and Environment and Water, Land, Agriculture, and Hawaiian Affairs,

____________________________ RUSSELL S. KOKUBUN, Chair

____________________________ RON MENOR, Chair