THE SENATE	S.B. NO.	692
TWENTY-EIGHTH LEGISLATURE, 2015		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-41, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

     "(c)  Criminal penalties.

     (1)  In general, any registrant, commercial applicator, wholesaler, dealer, retailer, or other distributor who knowingly violates any provision of this chapter shall be guilty of a misdemeanor and shall on conviction be fined not more than $25,000, or imprisoned for not more than one year, or both.

     (2)  Any private applicator or other person not included in paragraph (1) who knowingly violates any provision of this chapter shall be guilty of a misdemeanor and shall on conviction be fined not more than $1,000, or imprisoned for not more than one year, or both.

(3) Any person who causes physical harm to another person through the negligent application of a pesticide shall be guilty of a class C felony and shall on conviction be fined not more than $10,000, or imprisoned for not more than five years, or both.

    [(3)] (4)  Any person, who, with intent to defraud, uses or reveals information relative to formulas of products acquired under the authority of section 3, Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended, shall be fined not more than $10,000, or imprisoned for not more than three years, or both."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

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

Report Title:

Pesticides; Pesticide Use; Violations; Penalties

Description:

Makes it a class C felony for any person who causes physical harm to another person through the negligent application of a pesticide.  (SD1)

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