Haw. Code R. § 4-66-43 - Enforcement

(a) As allowed by law, the head may enter any place or conveyance where pesticides or nonchemical pest control devices are manufactured, stored, packed, delivered for transportation, transported, offered for sale or sold, and may inspect and take samples of the pesticides and nonchemical pest control devices. An unbroken package may be taken as the official sample where the pesticide is packed in small bottles, or small packages. Where the pesticide is packed in large containers, the official samples may be a portion taken from one original unopened package in a lot. A chain-of-custody for each sample, from collection through analysis and final disposition, shall be maintained on forms prescribed by the head.

(b) As allowed by law, the head may enter any place or conveyance where pesticides are suspected of being applied on non-target sites or locations, or where pesticides are suspected of being applied in a manner inconsistent with the pesticide label, and may inspect and take official samples where pesticide residue is likely to be present. A chain-of-custody for each sample, from collection through analysis and final disposition, shall be maintained on forms prescribed by the head.

(c) Methods of analyzing samples shall be those adopted and published by the Association of Official Analytical Chemists, Official Methods of Analysis of AOAC International (20th edition 2016), where applicable, and other methods as may be necessary to determine whether the product complies with the Act or these rules.

(d) A notice of violation shall include:

(1) If from an examination or analysis, a pesticide or nonchemical pest control device appears to be in violation of the Act or these rules, a notice in writing shall be sent to the person against whom proceedings are contemplated, giving that person the opportunity to offer a written explanation. The notice shall state the manner in which the sample failed to meet the requirements of the Act or these rules; and

(2) Any person may, in addition to this written reply to the notice, file with the head within twenty days of receipt of the notice a written request for a hearing in connection therewith.

(e) The head may issue 'stop sale" and "removal from sale" orders to vendors regarding any pesticide or nonchemical pest control device that violates or fails to comply with the provisions of the Act or these rules, and may place written or printed 'stop sale" and "removal from sale" notices on any pesticide or nonchemical pest control device.

(1) Upon receipt of the 'stop sale" or "removal from sale" order, the vendors shall correct the violation and effect full compliance therewith. The articles shall not hereafter be sold, offered for sale, transferred or disposed of except upon authorization by the head; and

(2) No person shall remove, deface or tamper with any 'stop sale" and "removal from sale" notice issued by the head.

(f) The head may seize any pesticide or nonchemical pest control device that is distributed, sold, offered for sale, transported, or delivered for transportation in violation of the Act or these rules. No notice or hearing shall be required prior to the seizure of a pesticide or nonchemical pest control device.

Notes

Haw. Code R. § 4-66-43

[Eff. 7/13/81; am and comp DEC 16 2006] (Auth: HRS §§ 149A-11, 149A-20, 149A-21, 149A-33) (Imp: HRS §§ 149A-11, 149A-20, 149A-21, 149A-33) Am and comp 8/23/2019