Terms Used In Hawaii Revised Statutes > Chapter 149A > Part III - Pesticide Use

• 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
• Arrest: Taking physical custody of a person by lawful authority.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Board: means board of agriculture. See Hawaii Revised Statutes 149A-2
• Capital: means :

  (1) The aggregate par value or other amount received and allocated to the issued and outstanding capital stock of a financial institution; or

  (2) The total amount of a credit union's outstanding and unimpaired membership shares or share accounts. See Hawaii Revised Statutes 412:1-109

• Capital stock: means the units of interest, whether or not having a par value, common or preferred, legally issued by a financial institution or other corporation, which represents a fractional ownership interest in the institution or corporation. See Hawaii Revised Statutes 412:1-109
• Car-sharing delivery period: means the period of time during which a shared car is being delivered to the location of the car-sharing start time, if applicable, as documented by the governing car-sharing program agreement. See Hawaii Revised Statutes 279L-1
• Car-sharing period: means the period of time that commences with the car-sharing delivery period or, if there is no delivery period, that commences with the car-sharing start time and, in either case, ends at the car-sharing termination time. See Hawaii Revised Statutes 279L-1
• Car-sharing program agreement: means the terms and conditions applicable to a shared car owner, a shared car driver, and a peer-to-peer car-sharing platform, if applicable, that govern the use of a shared car through a peer-to-peer car-sharing program. See Hawaii Revised Statutes 279L-1
• Car-sharing start time: means the time the shared car driver obtains operation, use, or control of a shared car through a peer-to-peer car-sharing program. See Hawaii Revised Statutes 279L-1
• Car-sharing termination time: means the latest of the following events:
  (1) The expiration of the agreed upon period of time established for the use of a shared car according to the terms of the car-sharing program agreement if the shared car is delivered to the location agreed upon in the car-sharing program agreement;
  (2) When the shared car is returned to a location as alternatively agreed upon by the shared car owner and shared car driver as communicated through a peer-to-peer car-sharing program;
  (3) When a shared car is returned to the location agreed upon in the car-sharing program agreement or alternatively agreed upon by the shared car owner and the shared car driver, as communicated through a peer-to-peer car-sharing program, before the expiration of the period of time established for the use of a shared car according to the terms of the car-sharing program agreement, and the shared car driver notifies the peer-to-peer car-sharing program of the location of the shared car;
  (4) When a shared car, during the car-sharing period, cannot safely or legally be operated and the shared car driver notifies the peer-to-peer car-sharing program that the shared car is inoperable and identifies the location of the shared car;
  (5) When the shared car driver receives notice of a safety recall affecting the shared car and the shared car driver returns the shared car to the location agreed upon in the car-sharing program agreement, or alternatively agreed upon by the shared car owner and the shared car driver, and the shared car driver notifies the peer-to-peer car-sharing program of the location of the shared car; or
  (6) When the shared car owner or the shared car owner's authorized designee takes possession and control of the shared car. See Hawaii Revised Statutes 279L-1
• 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
• Chairperson: means chairperson of the board of agriculture. See Hawaii Revised Statutes 149A-2
• Circuit court: means the court established in each of the judicial circuits of this State pursuant to chapter 603 and which has jurisdiction under § 412:1-108 over a matter. See Hawaii Revised Statutes 412:1-109
• Commissioner: means the commissioner of financial institutions of this State. See Hawaii Revised Statutes 412:1-109
• Company: means any corporation, partnership, trust (business or otherwise), association, joint venture, pool syndicate, unincorporated organization, or any form of business entity not specifically listed herein and, unless specifically excluded, a financial institution; provided that "company" does not mean any trust existing on July 1, 1993, which under its terms must terminate within twenty-five years, or not later than twenty-one years and ten months after the death of individuals living on the effective date of the trust. See Hawaii Revised Statutes 412:1-109
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Conservator: means a person appointed by the commissioner to take possession and control of a Hawaii financial institution for a temporary period in order to preserve and protect the assets of the institution for the benefit of its depositors, beneficiaries, creditors, and shareholders or members. See Hawaii Revised Statutes 412:1-109
• Control: means , unless the context clearly requires otherwise, directly or indirectly, solely or through another person or transaction, or in concert with another:

  (1) Owning or having the power to vote twenty-five per cent or more of any class of voting securities;

  (2) Owning or having the power to exercise twenty-five per cent or more of the votes of a mutual association, credit union, or other entity whose voting rights are not determined by voting securities;

  (3) Owning or having the power to vote ten per cent or more of any class of voting securities if:

  (A) the issuer of that class of securities has issued any class of securities under section 12 of the Securities Exchange Act of 1934, as amended; or

  (B) immediately after the acquisition, no other person will own a greater percentage of that class of voting securities;

  (4) Having the power to elect by any means a majority of the directors; or

  (5) Having the power to exercise a dominant influence over management, if so determined by the commissioner after notice and a hearing. See Hawaii Revised Statutes 412:1-109

• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Department: means department of agriculture. See Hawaii Revised Statutes 149A-2
• Department: means the department of transportation. See Hawaii Revised Statutes 279J-1
• deposits: means money or its equivalent received or held by a person in the usual course of business and for which it has given or is obligated to give credit, either conditionally or unconditionally, to a demand, checking, savings, time, passbook, negotiable order of withdrawal, thrift, or share account, or which is evidenced by its passbook, certificate of deposit, thrift certificate, investment certificate, certificate of indebtedness, or other similar instrument, or a check, draft, or share draft drawn against a deposit account and certified by a person, on which the person is primarily liable. See Hawaii Revised Statutes 412:1-109
• 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
• Digital network: means any online-enabled technology application service, website, or system offered or utilized by a transportation network company that enables prearranged rides with transportation network company drivers. See Hawaii Revised Statutes 279J-1
• 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
• EPA: means the United States Environmental Protection Agency. See Hawaii Revised Statutes 149A-2
• Federal: means belonging to, part of, or related to the government of the United States of America. See Hawaii Revised Statutes 412:1-109
• Federal Home Loan Bank: means a federal home loan bank created and organized under the authority of the Federal Home Loan Bank Act. See Hawaii Revised Statutes 412:1-109
• Federal Reserve Bank: means a federal reserve bank created and organized under the authority of the Federal Reserve Act. See Hawaii Revised Statutes 412:1-109
• Federal Reserve Board: means the Board of Governors of the Federal Reserve System created and described in the Federal Reserve Act. See Hawaii Revised Statutes 412:1-109
• Fiduciary: A trustee, executor, or administrator.
• FIFRA: means the Federal Insecticide, Fungicide, and Rodenticide Act, as amended. See Hawaii Revised Statutes 149A-2
• Financial institution: means a Hawaii financial institution, and unless the context indicates otherwise, a federal financial institution or foreign financial institution. See Hawaii Revised Statutes 412:1-109
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• 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
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Loans and extensions of credit: includes a contractual commitment to advance funds. See Hawaii Revised Statutes 412:1-109
• Peer-to-peer car-sharing: means the operation, use, or control of a motor vehicle by an individual other than the motor vehicle's owner through a peer-to-peer car-sharing program. See Hawaii Revised Statutes 279L-1
• Person: means a natural person, entity or organization, including without limitation an individual, corporation, joint venture, partnership, sole proprietorship, association, cooperative, estate, trust, or governmental unit. See Hawaii Revised Statutes 412:1-109
• 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
• Personal property: All property that is not real property.
• 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

• Receiver: means a person appointed by the commissioner to take possession and control of a Hawaii financial institution for the purpose of liquidating and winding up the affairs of the institution. See Hawaii Revised Statutes 412:1-109
• 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

• rider: means a person who uses a transportation network company's digital network to connect with a transportation network company driver who provides prearranged rides to the rider in a transportation network company vehicle between destination points chosen by the rider. See Hawaii Revised Statutes 279J-1
• Shared car: means a motor vehicle that is registered pursuant to chapter 286 and is not owned, controlled, operated, maintained, or managed by or registered, directly or indirectly through an affiliate, to the peer-to-peer car-sharing program and is available for sharing through a peer-to-peer car-sharing program. See Hawaii Revised Statutes 279L-1
• Shared car driver: means an individual who has been authorized to drive the shared car by the shared car owner under a car-sharing program agreement. See Hawaii Revised Statutes 279L-1
• Shared car owner: means the registered owner of a shared car. See Hawaii Revised Statutes 279L-1
• Statute: A law passed by a legislature.
• Subsidiary: means a corporation, joint venture, partnership, or other company that is controlled by another corporation. See Hawaii Revised Statutes 412:1-109
• surplus: includes retained earnings, whether or not transferred or allocated to surplus. See Hawaii Revised Statutes 412:1-109
• this State: means the State of Hawaii, its political subdivisions, agencies, and departments. See Hawaii Revised Statutes 412:1-109
• Transportation network company vehicle: means a vehicle that is:
  (1) Manufactured with seating accommodations for eight or fewer passengers;
  (2) Not a semitrailer, tractor-semitrailer combination, truck, or truck-tractor, as those terms are defined in § 286-2;
  (3) Used by a transportation network company driver to provide a prearranged ride;
  (4) Owned, leased, or otherwise authorized for use by the transportation network company driver; and
  (5) Not operating as a taxicab, limousine, or other for-hire vehicle. See Hawaii Revised Statutes 279J-1