Haw. Code R. § 4-66-33 - Pesticide licensing; exceptions

(a) Any manufacturer, packer, seller, distributor, or shipper of a pesticide may apply to license a pesticide.

(b) No person may distribute in the State, any pesticide that is not licensed with the department, except for the following:

(1) Pesticides transferred between EPA registered establishments operated by the same producer for packaging or for use in producing another pesticide, provided the pesticides are labeled to clearly show the identity and purpose for which the pesticides are being transferred;

(2) Pesticides distributed under an experimental use permit issued by the head;

(3) Pesticides transferred for purpose of disposal when marked to show the pesticides are for disposal only, and accompanied by sufficient information to identify products and to ensure that product can be handled with minimum hazard to humans or the environment;

(4) Pesticides intended solely for export when prepared or packed according to specifications of foreign purchaser;

(5) Pesticides being distributed under a FIFRA, section 18 emergency exemption; and

(6) Upon written notice to the head, pesticides distributed to research laboratories for the purpose of laboratory or enclosed space production tests, or limited replicated field trials of less than one-fourth acre, to determine toxicity or other properties, and from which the producer, researcher, or applicator or any other person conducting the laboratory or enclosed space production tests or field trial, does not expect to receive any benefit in pest control from its use. Notice shall be provided on forms prescribed by the head.

Notes

Haw. Code R. § 4-66-33

[Eff. 7/13/81; comp DEC 16 2006] (Auth: 40 CFR §152.30, HRS §§ 149A-13, 149A-19, 149A-33) (Imp: HRS §§ 149A-13, 149A-19, 149A-33) Am and comp 8/23/2019