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The Federal Environmental Pesticide Control Act (FEPCA) of 1972 completely amended the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) which was the basic authority for federal pesticide regulation. The FEPCA and subsequent pesticide laws are often referred to as the "amended FIFRA".
The State of Hawaii passed the Hawaii Pesticide Law (Chapter 149A, Hawaii Revised Statutes) in 1981. The rules and regulations relating to pesticide use in Hawaii are designated Regulation 1 of the Division of Plant Industry, State Department of Agriculture. Hawaii's pesticide laws and regulations closely follow the amended FIFRA and its regulations. Federal pesticide laws and regulations are enforced by the U.S. Environmental Protection Agency (E.P.A.); State pesticide laws and regulations are enforced by the Hawaii Department of Agriculture. Although Federal and State laws overlap to a considerable extent, the Environmental Protection Agency is primarily concerned with the manufacture, registration, and labeling of pesticides. The State is promarily concerned with the sale, distribution, and use of pesticides.
The amended FIFRA (1972) required that all pesticides be re-registered according to new standards established as federal regulations. These standards are much stricter than those which existed under the pesticide laws previously administered by the United States Department of Agriculture. As part of the re-registration process, pesticide products are classified as a "general use" or "restricted-use". A pesticide product is classified as a "general use" pesticide if it is judged as being safe enough for the general public to use when applied in accordance with directions on the label.
"Restricted-use" pesticides are those which require controlsin addition to label directions because they may have "unreasonable adverse effects on the environment" or cause "injury to the applicator" even when applied in accordance with label directions. Restricted-use pesticides are usually identified with either a restricted-use statement located just above the brand name or by the signal words DANGER, POISON, or WARNING. Resticted-use pesticides may only be applied by certified applicators or those under their direct supervison. The term "direct supervison" means that the certified applicator must be available when and if needed.
Pesticide applicators must pass a written examination administered by the Hawaii Department of Agriculture in order to be certified to use or supervise the use of restricted-use pesticides. Certified applicators are issued a wallet-sized permit which must be presented when purchasing a restricted-use pesticide.
Certification of pesticide applicators is a regulatory function administered by the Hawaii Department of Agriculture. The Department of Agriculture sets the standards for certification, i.e., they dictate the areas of pest control in which pesticide applicators must demonstrate a minimum level of competency. These areas include:
Applicators of restricted-use pesticides are divided into two major groups: Private and Commerical. Private applicators (for example, farmers or ranchers) apply or supervise the application of restricted-use pesticides to agricultural commodities grown on their own property or on property rented by them.
Commercial applicators normally apply restricted-use pesticides to public lands or property other than tht which they own. Commercial applicators are further divided into several categories or subcategories depending on the type of pest control being conducted, for example, ornamental and turf pest control, structural pest control, and public health pest control.
As part of the State Plan for the Certification of Pesticide Applicators, the University of Hawaii Cooperative Extension Service has the responsibility of training pesticide applicators and developing training materials.
Classes are conducted for both Private (farmers and ranchers) and Commercial pesticide applicators
Approximately four months prior to the expiration of the applicator's permit, each individual should contact the local Cooperative Extension Service office to determine the time and place of the next pesticide applicator refresher class. Recertification is normally granted by the Hawaii Department of Agriculture after confirmation is received that the applicator has attended a refresher class. Recertification can also be obtained by successfully completing a recertification examination administered by the Hawaii Department of Agriculture
The Hawaii Pesticides Law is administered by the Hawaii Department of Agriculture. The State may impose greater restrictions on the sale and use of a pesticide than that provided for in Federal law. Pesticides which are sold in Hawaii must be licensed with the Hawaii Department of Agriculture.
Pesticide applicators who violate the Hawaii Pesticides Law are generally issued a written warning notice citing the specific violation and necessary corrective action to be taken. Subsequent violations by Private applicators may subject the offender to a civil penalty of not more than $1,000 for each offense. Private applicators may also be subject to a criminal penalty of not more than $1,000 or imprisoned for one year, or both.
Commercial applicators who violate any provision of the Hawaii Pesticides Law may be assessed a civil penalty of not more than $5,000 for each offense, or a criminal penalty of not more than $25,000 or imprisoned for not more than one year, or both.
No civil penalties will be assessed unless the applicator charged has been given notice and an opportunity for a hearing on such charge. In determining the amount of penalty, the board shall consider the appropriateness of such penalty to the size of the business of the person charged, the effect on the person's ability to continue business, and the gravity of the violation.
Commercial applicators are required to maintain records of restricted-use pesticides applied on every job site of their operation. The record must include: