HOUSE OF REPRESENTATIVES	H.B. NO.	1065
THIRTIETH LEGISLATURE, 2019
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO PESTICIDES.

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

SECTION 1. The legislature finds that pesticide abuse is harmful to public health. A study published in the medical journal The Lancet Neurology in March 2014 found that the neurotoxin chlorpyrifos led to developmental disabilities in children. Similarly, the herbicides atrazine and paraquat are banned in the European Union because of their adverse impacts on people's well-being. Atrazine is known to contaminate groundwater supplies, while paraquat has been linked to the onset of Parkinson's disease.

The legislature further finds that Act 45, Session Laws of Hawaii 2018, established additional regulations intended to address pesticide abuse in Hawaii, including requiring all users of restricted use pesticides to report on their use of restricted use pesticides to the department of agriculture, prohibiting the use of a restricted use pesticide on or within one hundred feet of a school during normal school hours, and prohibiting the use of pesticides containing chlorpyrifos as an active ingredient. However, under state law, commercial and private pesticide applicators who violate pesticide regulations may receive a written warning upon their first offense, regardless of whether or not the offense resulted in injury or illness.

Accordingly, the purpose of this Act is to protect public health by:

(1) Deleting the provision authorizing the issuance of a written warning notice for a first violation of Hawaii's pesticide laws;

(2) Increasing the administrative penalties; and

(3) Enhancing the criminal penalties for violations involving bodily injury.

SECTION 2. Section 149A-41, Hawaii Revised Statutes, is amended to read as follows:

"§149A-41 Violations[, warning notice,] and penalties. (a) [Warning notice.] Scope. Any person who violates this chapter or any rule issued under this chapter [may upon the first violation be issued a written warning notice citing the specific violation and necessary corrective action.] shall be subject to the administrative and criminal penalties prescribed by this section.

(b) Administrative penalties.

(1) In general, any registrant, commercial applicator, wholesaler, dealer, retailer, or other distributor who violates any provision of this chapter may be assessed an administrative penalty by the board of not more than [$5,000] $10,000 for each offense;

(2) Any private applicator or other person not included in paragraph (1) who violates any provision of this chapter relating to the use of pesticides while on property owned or rented by that person or the person's employer[, subsequent to receiving a written warning from the department or following a citation for a prior violation,] may be assessed an administrative penalty by the board of not more than [$1,000] $5,000 for each offense. Any private applicator or other person not included in paragraph (1) who violates any provision of this chapter relating to licensing, transport, sale, distribution, or application of a pesticide for commercial purposes may be assessed an administrative penalty as provided in paragraph (1);

(3) No administrative penalty shall be assessed unless the person charged shall have been given notice and an opportunity for a hearing on the specific charge in the county of the residence of the person charged. The administrative penalty and any proposed action contained in the notice of finding of violation shall become a final order unless, within twenty days of receipt of the notice, the person or persons charged make a written request for a hearing. In determining the amount of penalty, the board shall consider the appropriateness of the penalty to the size of the business of the person charged, the effect on the person's ability to continue business, and the gravity of the violation; and

(4) In case of inability to collect the administrative penalty or failure of any person to pay all or such portion of the administrative penalty as the board may determine, the board shall refer the matter to the attorney general, who shall recover the amount by action in the appropriate court. For any judicial proceeding to recover the administrative penalty imposed, the attorney general need only show that notice was given, a hearing was held or the time granted for requesting a hearing has expired without such a request, the administrative penalty was imposed, and that the penalty remains unpaid.

(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[.]; provided that if the violation involves bodily injury, the violator shall be guilty of a class C felony and shall be fined not more than $50,000 and imprisoned for not less than one year.

(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[.]; provided that if the violation involves bodily injury, the violator shall be guilty of a class C felony and shall be fined not more than $25,000 and imprisoned for not less than one year.

(3) 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.

(d) Liabilities. When construing and enforcing the provisions of this chapter, the act, omission, or failure of any officer, agent, or other person acting for or employed by any person shall in every case be also deemed to be the act, omission, or failure of such person as well as that of the person employed.

(e) Definition. For purposes of this section, "bodily injury" has the same meaning as in section 707-700."

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.

INTRODUCED BY:

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Report Title:

Pesticides; Penalties

Description:

Deletes the provision authorizing the issuance of a written warning notice for a first violation of Hawaii's pesticide laws. Increases the administrative penalties. Enhances the criminal penalties for violations involving bodily injury.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.