SB12

SECTION 1. The legislature finds that neonicotinoid insecticides are neurotoxic insecticides that permanently bind to, and subsequently overstimulate and destroy, insect nerve cells. Neonicotinoids are the most widely used class of insecticides worldwide.

The legislature further finds that research overwhelmingly shows that neonicotinoid pesticides have destructive impacts on essential pollinator populations, killing bees, butterflies, and birds, and pose a serious threat to food systems, ecosystems, and public health. Growing scientific evidence also suggests that exposure to neonicotinoids can cause serious negative health consequences for humans.

Accordingly, the purpose of this Act is to:

(1) Classify neonicotinoid pesticides as restricted use pesticides;

(2) Establish a non-exhaustive list of chemicals that shall belong to the neonicotinoid class of chemicals to be included under this classification;

(3) Prohibit the sale or use of any seed coated or treated with a neonicotinoid pesticide; and

(4) Require the department of agriculture to adopt rules that identify and regulate the most harmful neonicotinoid pesticide formulations and develop guidelines for safer alternatives to neonicotinoid pesticides.

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

1. By adding a new definition to be appropriately inserted and to read:

""Neonicotinoid pesticide" means any pesticide containing a chemical belong to the neonicotinoid class of chemicals, including but not limited to acetamiprid, clothianidin, dinotefuran, imidacloprid, nitenpyram, nithiazine, thiacloprid, thiamethoxam, or any other chemical designated by the EPA as belonging to the neonicotinoid class of chemicals. "Neonicotinoid pesticide" does not include any wood preservative pesticides or wood preservative products that contain neonicotinoid, other similar pesticides used to treat wood products, or pesticides used by the structural pest control industry for household pests in and around residences."

2. By amending the definition of "restricted use pesticide" to read:

""Restricted use pesticide" means:

(1) A pesticide or pesticide use classified by [~~the~~]:

(A) The Administrator[,] of the EPA[,] for use by certified applicators or competent persons under their direct supervision and so designated on its label; or

(B) The board for use by certified applicators or competent persons under their direct supervision; or

(2) A [~~pesticide or pesticide use classified by the board for use by certified applicators or competent persons under their direct supervision.~~] neonicotinoid pesticide."

SECTION 3. Section 149A-31, Hawaii Revised Statutes, is amended to read as follows:

"§149A-31 Prohibited acts. No person shall:

(1) Use any pesticide in a manner inconsistent with its label, except that it shall not be unlawful to:

(A) Apply a pesticide at any dosage, concentration, or frequency less than that specified on the label or labeling; provided that the efficacy of the pesticide is maintained; provided further that when a pesticide is applied by a commercial applicator, the deviation from the label recommendations shall be with the consent of the purchaser of the pesticide application services;

(B) Apply a pesticide against any target pest not specified in the labeling if the application is to a crop, animal, or site specified on the label or labeling; provided that the label or labeling does not specifically prohibit the use on pests other than those listed on the label or labeling;

(D) Mix a pesticide or pesticides with a fertilizer when the mixture is not prohibited by the label or labeling; or

(E) Use in a manner determined by rule not to be an unlawful act;

(2) Use, store, transport, or discard any pesticide or pesticide container in any manner that would have unreasonable adverse effects on the environment;

(3) Use or apply restricted use pesticides unless the person is a certified pesticide applicator or under the direct supervision of a certified pesticide applicator with a valid certificate issued pursuant to rules adopted under section 149A-33(1); provided that it shall be prohibited to use or apply a restricted use pesticide for structural pest control uses for a fee or trading of services, unless the user or applicator is a pest control operator or is employed by a pest control operator licensed under chapter 460J;

(4) Use or apply pesticides in any manner that has been suspended, canceled, or restricted pursuant to section 149A-32.5;

(5) Falsify any record or report required to be made or maintained by rules adopted pursuant to this chapter;

(6) Fill with water, through a hose, pipe, or other similar transmission system, any tank, implement, apparatus, or equipment used to disperse pesticides, unless the tank, implement, apparatus, equipment, hose, pipe, or other similar transmission system is equipped with an air gap or a reduced-pressure principle backflow device meeting the requirements under section 340E-2 and the rules adopted thereunder; [or]

(7) Beginning January 1, 2019, use or apply any pesticide containing chlorpyrifos as an active ingredient; provided that:

(A) The department shall grant to any person, upon request, a temporary permit authorizing the person, until December 31, 2022, to use or apply a pesticide containing chlorpyrifos as an active ingredient; and

(B) Any person who violates this paragraph shall be subject to a penalty pursuant to section 149A-41[.]; or

(8) Beginning January 1, , sell or use in the State any seed coated or treated with a neonicotinoid pesticide."

SECTION 4. Section 149A-33, Hawaii Revised Statutes, is amended to read as follows:

"§149A-33 Rules. The department shall have the authority to carry out and effectuate the purpose of this chapter by rules, including but not limited to the following:

(1) To establish fees, procedures, conditions, and standards to certify persons for the use of restricted use pesticides under section 4 of FIFRA;

(2) To establish limitations and conditions for the application of pesticides by aircraft, power rigs, mist blowers, and other equipment;

(3) To establish, as necessary, specific standards and guidelines which specify those conditions which constitute unreasonable adverse effects on the environment;

(4) To establish, as necessary, record keeping requirements for pesticide use by applicators; and

(5) To establish, as necessary, procedures for the issuance of guidelines to specify those conditions that constitute use of a pesticide in a manner inconsistent with its label.

The department shall adopt rules that identify and regulate the most harmful neonicotinoid pesticide formulations and develop guidelines for safer alternatives to neonicotinoid pesticides."

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	12
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII