Haw. Code R. § 4-66-36 - Pesticide licenses; corrections

(a) The head shall require the licensee to make necessary changes should the labeling claims' of the pesticide be unwarranted, or if the pesticide and its labeling or other material required to be submitted do not comply with the Act or these rules, or when necessary to prevent any unreasonable adverse effect on humans or the environment.

(b) The licensee shall make the necessary corrections within thirty calendar days from receipt of any correction notice. If the licensee fails to make the necessary corrections within thirty calendar days, the head may take any of the following actions, alone or in combination with each other:

(1) Refuse to license the pesticide;

(2) Cancel the pesticide license; and

(3) Change the classification of the pesticide.

(c) Should the head determine that an imminent hazard exists, the head may suspend the license of any pesticide or pesticide use or uses. The licensee shall be notified within twenty four hours of the suspension and given the reasons for the action.

(d) Should the head find that a pesticide or its labeling fails to comply with FIFRA or regulations implementing FIFRA, the head shall notify EPA and may suggest corrections that would bring the labeling into compliance.

(e) Any licensee aggrieved by a determination of the head relative to refusing, canceling, or suspending a pesticide license, may request a hearing as provided in section 149A-14(d), Hawaii Revised Statutes.

Notes

Haw. Code R. § 4-66-36

[Eff. 7/13/81 am and comp DEC 16 2006] (Auth: HRS §§ 149A-13, 149A-14, 149A-19, 149A-33) (Imp: HRS §§ 149A-13, 149A-14, 149A-19, 149A-33) Am and comp 8/23/2019