HOUSE OF REPRESENTATIVES	H.B. NO.	915
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to health.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  The legislature finds that the number of large‑scale, outdoor commercial agricultural operations in Hawaii has increased.  Unlike the majority of Hawaii's farmers, these operations regularly release high volumes of restricted use pesticides into the environment.  The United States Environmental Protection Agency classifies pesticides as restricted use pesticides if they are determined to cause "unreasonable adverse effects on the environment" when used "without additional regulatory restrictions."  Information pertaining to the intensive use of pesticides in large-scale commercial agriculture within the State is not readily available to the public.

     The purpose of this Act is to require certain commercial agricultural entities to issue public reports regarding their pesticide use.

     SECTION 2.  Chapter 149A, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part    .  PESTICIDE MANDATORY DISCLOSURE

     §149A-A  Definitions.  As used in this part:

     "Commercial agricultural entity" means any individual, partnership, association, corporation, limited liability company, or organized group of persons, regardless of whether incorporated, that is engaged in commercial agricultural production.

     "Commercial agricultural production" means:

     (1)  Commercial production of any seed, crop, plant, timber, livestock, poultry, fish, bees, or apiary products; or

     (2)  Testing or experimental production of any seed, crop, plant, timber, livestock, poultry, fish, bees, or apiary products.

     "Commercial agricultural production area" means real properties and areas owned, leased, or otherwise operated or controlled and used by a commercial agricultural entity for commercial agricultural production.

     "Experimental use pesticide" means a pesticide of which use is authorized by an experimental use permit by either the United States Environmental Protection Agency or the department.

     §149A-B  Mandatory disclosure of commercial agricultural pesticide use.  Effective one year following the effective date of Act    , Session Laws of Hawaii 2023, any commercial agricultural entity that annually purchases or uses in excess of      pounds or      gallons of non-diluted restricted use pesticides during the prior calendar year shall disclose the use of all pesticides, including restricted use, general use, and experimental use pesticides.  No later than sixty days after the end of each calendar year, each commercial agricultural entity subject to this section shall provide to the department annual reports of all pesticides used in outdoor applications during the preceding calendar year.  The annual reports shall comply with rules adopted pursuant to section 149A-C and shall be deemed public records and posted on the department's website.

     §149A-C  Rules; public reports; contents.  (a)  The department shall adopt rules, pursuant to chapter 91, to implement this part, including rules requiring that the reports required under section 149A-B include the following:

     (1)  A listing of all pesticides used in outdoor applications, by federal and state registrations or permit numbers, commercial product names, and active ingredients;

     (2)  The total quantities of each pesticide used; and

     (3)  A general description of the geographic location, including, at a minimum, the tax map key number, where the pesticides were used.

     (b)  Rules adopted by the department shall not establish exemptions not expressly authorized in this part."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  The revisor of statutes shall insert the effective date of this Act in the appropriate location in section 2 of this Act.

     SECTION 5.  In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

     SECTION 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Pesticide; Department of Health; Agriculture; Disclosure

 

Description:

Requires certain commercial agricultural entities to issue annual public reports regarding their pesticide use.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.