No person shall:

(1) Use any pesticide in a manner inconsistent with its label, except that it shall not be unlawful to:

Terms Used In Hawaii Revised Statutes 149A-31

  • Active ingredient: means :

    (1) In the case of a pesticide other than a plant regulator, defoliant, or desiccant, an ingredient which will prevent, destroy, repel, or mitigate any pest;

    (2) In the case of a plant regulator, an ingredient which, through physiological action, will accelerate or retard the rate of growth or maturation or otherwise alter the behavior of ornamental or crop plants or the produce thereof;

    (3) In the case of a defoliant, an ingredient which will cause the leaves or foliage to drop from a plant; and

    (4) In the case of a desiccant, an ingredient which will artificially accelerate the drying of plant tissues. See Hawaii Revised Statutes 149A-2

  • Animal: means all vertebrate and invertebrate species, including but not limited to humans and other mammals, birds, fish, and shellfish. See Hawaii Revised Statutes 149A-2
  • Certified pesticide applicator: means any individual who is certified under section 149A-33(1) as authorized to use or supervise the use of any pesticide which is classified for restricted use. See Hawaii Revised Statutes 149A-2
  • 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
  • Environment: includes water, air, land, and all plants and humans and other animals living therein, and the interrelationships which exist among these. See Hawaii Revised Statutes 149A-2
  • Label: means the written, printed, or graphic matter on or attached to the pesticide or device or any of its containers or wrappers. See Hawaii Revised Statutes 149A-2
  • Labeling: means all labels and other written, printed, or graphic matter accompanying the pesticide or device at any time or to which reference is made on the label or in literature accompanying the pesticide or device, except to current official publications of the EPA, the United States Departments of Agriculture and the Interior, the United States Department of Health and Human Services, state experiment stations, state agriculture colleges, or other similar federal or state institutions or agencies authorized by law to conduct research in the field of pesticides. See Hawaii Revised Statutes 149A-2
  • Person: means any individual, firm, corporation, association, or partnership or any organized group of persons whether incorporated or not. See Hawaii Revised Statutes 149A-2
  • Pest: means any insect, rodent, nematode, fungus, weed, or any other form of terrestrial or aquatic plant or animal life or virus, bacterium, or any other microorganism, except viruses, bacterium, or any other microorganisms on or in living humans or other living animals, which the Administrator of the United States Environmental Protection Agency determines to be a pest pursuant to the [Federal Insecticide, Fungicide, and Rodenticide Act]. See Hawaii Revised Statutes 149A-2
  • Pest control operator: means a commercial pesticide applicator, who is required to possess a valid license for pest control under chapter 460J. 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

  • Restricted use pesticide: means :

    (1) A pesticide or pesticide use classified by the Administrator, EPA, for use by certified applicators or competent persons under their direct supervision and so designated on its label; or

    (2) A pesticide or pesticide use classified by the board for use by certified applicators or competent persons under their direct supervision. See Hawaii Revised Statutes 149A-2

(A) Apply a pesticide at any dosage, concentration, or frequency less than that specified on the label or labeling; provided that the efficacy of the pesticide is maintained; provided further that when a pesticide is applied by a commercial applicator, the deviation from the label recommendations shall be with the consent of the purchaser of the pesticide application services;
(B) Apply a pesticide against any target pest not specified in the labeling if the application is to a crop, animal, or site specified on the label or labeling; provided that the label or labeling does not specifically prohibit the use on pests other than those listed on the label or labeling;
(C) Employ any method of application not prohibited by the labeling;
(D) Mix a pesticide or pesticides with a fertilizer when the mixture is not prohibited by the label or labeling; or
(E) Use in a manner determined by rule not to be an unlawful act;
(2) Use, store, transport, or discard any pesticide or pesticide container in any manner that would have unreasonable adverse effects on the environment;
(3) Use or apply restricted use pesticides unless the person is a certified pesticide applicator or under the direct supervision of a certified pesticide applicator with a valid certificate issued pursuant to rules adopted under section 149A-33(1); provided that it shall be prohibited to use or apply a restricted use pesticide for structural pest control uses for a fee or trading of services, unless the user or applicator is a pest control operator or is employed by a pest control operator licensed under chapter 460J;
(4) Use or apply pesticides in any manner that has been suspended, canceled, or restricted pursuant to section 149A-32.5;
(5) Falsify any record or report required to be made or maintained by rules adopted pursuant to this chapter;
(6) Fill with water, through a hose, pipe, or other similar transmission system, any tank, implement, apparatus, or equipment used to disperse pesticides, unless the tank, implement, apparatus, equipment, hose, pipe, or other similar transmission system is equipped with an air gap or a reduced-pressure principle backflow device meeting the requirements under § 340E-2 and the rules adopted thereunder; or
(7) Beginning January 1, 2019, use or apply any pesticide containing chlorpyrifos as an active ingredient; provided that:

(A) The department shall grant to any person, upon request, a temporary permit authorizing the person, until December 31, 2022, to use or apply a pesticide containing chlorpyrifos as an active ingredient; and
(B) Any person who violates this paragraph shall be subject to a penalty pursuant to section 149A-41.