Case Notes Discussed: 842 F.3d 669 (2016). §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 […]
§149A-31.2 Pesticide use; posting online. (a) The department shall publish on its website the public information contained in all restricted use pesticide records, reports, or forms submitted to the department, except those records, reports, or forms required by the department for restricted use pesticides used for structural pest control; provided that the department shall not […]
§149A-32 REPEALED. L 1985, c 131, §2.
§149A-32.5 Cancellation or suspension of pesticide uses. Notwithstanding any law, rule, or executive order to the contrary, the chairperson of the board of agriculture, in consultation with the advisory committee on pesticides and also with the approval of the director of health, shall suspend, cancel, or restrict the use of certain pesticides or specific uses […]
§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 […]
§149A-34 Denial, suspension, or revocation of certificate. The department may deny issuance of a certificate for reasonable cause. Any certificate issued pursuant to rules adopted under section 149A-33(1) may be suspended or revoked by the department, after hearing, for violation of any condition of the certificate or of any law or rule pertaining to the […]
§149A-35 Cooperation. The department is authorized and empowered to cooperate with and enter into agreements with any agency of the State, the federal government, or any other agency for the purpose of carrying out this chapter. The University of Hawaii cooperative extension service and other educational agencies shall provide educational programs aimed at assisting users […]
§149A-36 Authority to inspect. The department or any authorized representative or employee of the department may enter upon any public or private property, according to law at any reasonable time to examine and inspect application methods and equipment, to examine and collect samples of plants, soil, and other materials, and to perform any other duty […]
§149A-37 Exemptions. (a) Exemption from this chapter may be granted by the department to the University of Hawaii and other state and federal agencies for experimental or research work directed toward obtaining knowledge of the characteristics and proper usage of unspecified or experimental pesticides. Research and experimental work conducted by private agencies with adequate research […]
§149A-38 REPEALED. L 1975, c 126, pt of §1.
