Haw. Code R. § 4-66-32 - Restricted use pesticides
(a) A pesticide or
pesticide use classified for restricted use under FIFRA shall be classified as
a State restricted use pesticide.
(b) Any pesticides or pesticide uses that
meet or exceed any of the following criteria shall be a candidate for State
restricted use classification:
(1) Pesticides
in toxicity categories I and II as defined in section 4-66-18 (40 CFR sections
156.62,
156.64,
156.66, and
156.68
(2017));
(2) Pesticides or
pesticide uses that are determined by the head, in consultation with the
director of the department of health, to be a health hazard for one or more
reasons including, but not limited to, toxicity, body storage, oncogenicity,
mutagenicity, and teratogenicity or other reproductive effects;
(3) Pesticides or pesticide uses that can
reasonably be anticipated to result in contamination of groundwater or
significant reductions in non-target organisms, or fatality to members of
endangered species; and
(4)
Pesticides or pesticide uses authorized under section 18, the Emergency
Exemption provision, of FIFRA.
(c) Any pesticide, pesticide formulation,
pesticide product, or pesticide use that meets or exceeds the criteria set
forth in section 4-66-32 (b) shall be subjected to an internal review process
by the department prior to being presented to the board for adoption as a State
restricted use pesticide.
(d) The
head, in consultation with the advisory committee, shall determine which
pesticides, pesticide formulations, pesticide products, or pesticide uses meet
or exceed the criteria set forth in section 4-66-32(b) and shall submit those
items for review by the department.
(e) Once the review process under section
4-66-32 (c), or if applicable, an evaluation under section 4-66-32.1(c), has
been completed, the head shall submit a list of those pesticides, pesticide
formulations, pesticide products, and pesticide uses deemed appropriate for
classification as State restricted use for adoption by the board.
(f) The head may classify a pesticide or
pesticide use meeting or exceeding the criteria set forth in section 4-66-32(b) for nonrestricted use if during the department's review process it is
determined that measures such as packaging, type of formulation, or method of
application eliminate or reduce hazards associated with the pesticide or its
use.
(g) The board, upon adoption
of those pesticides, pesticide formulations, pesticide products, or pesticide
uses recommended for classification as a State restricted use pesticide, shall
maintain a list of all State restricted use pesticides at the department Office
of the Chairperson. The list of State restricted use pesticides shall also be
posted on the department's website.
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