Report Title:

Pesticides

Description:

Prohibits sales of restricted use pesticides to a structural pesticides applicator unless the applicator is employed by a licensed pest control operator.  (SD1)

THE SENATE	S.B. NO.	839
TWENTY-FOURTH LEGISLATURE, 2007		S.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO PESTICIDES.

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

     SECTION 1.  Section 149A-2, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

     ""Structural pest control applicator" means a commercial pesticide applicator that possesses a valid license for pest control under chapter 460J."

     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[.]; or

(7) Expose to or offer for sale or to solicit or receive orders for the sale of restricted use pesticides by a pesticide dealer to a pesticide applicator licensed pursuant to chapter 460J or to persons under the supervision of persons certified in commercial pest control, unless the certified applicator or persons under their supervision are directly employed or supervised by a person licensed under chapter 460J and whose license is valid within one hundred twenty days of the purchase date."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.