2022 Hawaii Revised Statutes
Title 11. Agriculture and Animals
149A. Hawaii Pesticides Law
- 149A-1 Short title.
- 149A-2 Definitions.
- 149A-3 Delegation of duties.
- 149A-4 Effect of chapter on department of health.
- 149A-11 Prohibited acts.
- 149A-12 Exemptions.
- 149A-13 Procedure for licensing pesticides.
- 149A-13.5 Pesticide use revolving fund; pesticide training workshops; training fee.
- 149A-14 Refusal, cancellation, or suspension of the license.
- 149A-15 Labeling requirements.
- 149A-15.5 Pesticide information signs.
- 149A-16 Coloration of certain pesticides.
- 149A-17 Sales, permit, and record.
- 149A-18 Denial, suspension, or revocation of permit.
- 149A-19 Determination; rules; uniformity.
- 149A-20 Seizures; "stop-sale" and "removal from sale" orders.
- 149A-21 Enforcement.
- 149A-22 Authority.
- 149A-23 Cooperation.
- 149A-25 Definitions.
- 149A-26 Post-application reporting of pesticide use.
- 149A-27 Public reports; contents.
- 149A-28 Buffer zones.
- 149A-29 Rules.
- 149A-31 Prohibited acts.
- 149A-31.2 Pesticide use; posting online.
- 149A-32 REPEALED.
- 149A-32.5 Cancellation or suspension of pesticide uses.
- 149A-33 Rules.
- 149A-34 Denial, suspension, or revocation of certificate.
- 149A-35 Cooperation.
- 149A-36 Authority to inspect.
- 149A-37 Exemptions.
- 149A-38 REPEALED.
Rules for pesticide information signs, see 149A-15.5.
Law Journals and Reviews
Poisons in Our Communities: Environmental Justice's Role in Regulating Hawai`i's Biotechnology Industry. 40 UH L. Rev. 155 (2018).
Case Notes
Read in the context of the larger statutory scheme of the Hawaii pesticides law, which clearly demonstrated legislative intent to create a uniform system of pesticide regulation administered by the state department of agriculture, the court interpreted this section as authorizing counties to assist in enforcing pesticide regulations established by the State, and not an authorization for counties to issue supplemental regulations on pesticides. 842 F.3d 669 (2016).
Where county passed an ordinance regarding pesticide use, court found that the State's statutory scheme for pesticides was comprehensive. Specifically, as with the county ordinance, the State's statutory scheme addressed permissible areas of pesticide application and warnings regarding the application of restricted use pesticides. Generally, the Hawaii pesticides law and its implementing rules addressed the entire life cycle of pesticides, including research/experimentation, transportation, storage, sale, use, and disposal. 842 F.3d 669 (2016).
