Haw. Code R. § 4-66-62 - Certified pesticide applicator recordkeeping

(a) Certified pesticide applicators shall keep records of all restricted use pesticide applications at the applicator's principal place of business.

(b) These records must be kept for a period of two years and shall be made available for inspection and copying by the head during reasonable working hours.

(c) Recordkeeping information shall include:

(1) Brand or common name of pesticide product applied;

(2) EPA registration number;

(3) Type of formulation;

(4) Per cent active ingredient;

(5) Scientific or common name of target pest;

(6) Dilution rate;

(7) Total amount of pesticide used;

(8) Total area covered;

(9) Time and date of application;

(10) Address or location of treated site;

(11) Name of certified applicator and his or her certification number;

(12) Crop, commodity, stored product or other site;

(13) Restricted entry interval and whether posting and oral notification are required; and

(14) Any other information the head deems necessary.

(d) Commercial applicators that apply any pesticide in agricultural operations shall furnish a written record containing the following information to the agricultural employer before any pesticide is applied:

(1) The specific location and description of the treated area;

(2) Time and date of application;

(3) Product name, EPA registration number, and active ingredient(s);

(4) Restricted entry interval;

(5) Whether posting and oral notification are required; and

(6) Any other product-specific requirements on the product labeling concerning protection of workers or other persons during or after application.

(e) Commercial applicators shall retain a copy of the written record furnished to the agricultural employer in compliance with subsection (d). These records must be kept for a period of two years and shall be made available for inspection and copying by the head during reasonable working hours.

(f) Beginning January 1, 2019, every certified restricted use pesticide applicator shall submit to the department, for departmental use, an annual report of all use of restricted use pesticides. The report shall be submitted to the department no later than thirty days following the end of each calendar year on a form prescribed by the head. The report shall include:

(1) Name of certified applicator and his or her certification number;

(2) EPA registration number of each restricted use pesticide used;

(3) Commercial product name of each restricted use pesticide used;

(4) Active ingredient(s) of each restricted use pesticide used;

(5) The total quantities for each restricted use pesticide used;

(6) The total area treated for each restricted use pesticide used;

(7) The date on which the restricted use pesticide application occurred; and

(8) A general description of the geographic location, including, at a minimum the tax map key number, at which the restricted use pesticides were used.

(g) The department shall produce a summary from the information collected under subsection (f), for public disclosure, by county that includes:

(1) The total quantities used, by EPA registration number, commercial product names, and active ingredients for each restricted use pesticide used; and

(2) The total amount of area in the county in which the restricted use application occurred.

(h) Certified pesticide applicators shall create or verify the existence of records documenting that each non-certified applicator who mixes, loads, transfers, or applies restricted use pesticides has the qualifications required under section 4-66-61(4).

(i) Failure to comply with the recordkeeping requirements may result in certification revocation and subject the certified pesticide applicator to additional penalties as provided by law.

Notes

Haw. Code R. § 4-66-62

[Eff. 7/13/81; am and comp DEC 16 2006] (Auth: HRS § 149A-33, 40 CFR §171.7) (Imp: HRS § 149A-33, 7 CFR § 110, 40 CFR §§ 170.224, 171.7) [Am and comp 8/23/2019] (Auth: HRS § 149A-26; 40 CFR § 171.201) (Imp: HRS § 149A-26, 149A-27; 40 CFR § 171.201)