(a) If it appears that a pesticide or device fails to comply with this chapter, the department may refer the facts with a copy of the results of the analysis or the examination of the pesticide product or device to the appropriate governmental agency for prosecution. A warning notice shall be issued before prosecution proceedings are initiated.

Terms Used In Hawaii Revised Statutes 149A-21

  • Department: means department of agriculture. See Hawaii Revised Statutes 149A-2
  • Device: means any instrument or contrivance, other than a firearm, which is intended for trapping, destroying, repelling, or mitigating any pest or any form of plant or animal life (other than humans and other than bacteria, viruses, or other microorganisms on or living in humans or other animals); but not including equipment used for application of pesticides when sold separately therefrom. See Hawaii Revised Statutes 149A-2
  • Pesticide: means :

    (1) Any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest; and

    (2) Any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant. See Hawaii Revised Statutes 149A-2

(b) The governmental agency to which any violation is reported may cause appropriate proceedings to be instituted in the appropriate court without delay if so warranted.
(c) The department shall, by publication in such manner as it may prescribe, give notice of all judgments entered in actions instituted under this chapter.

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