HAR §4-66-32.1. Evaluation of pesticides uses

(a) The head may, at any time, evaluate a licensed pesticide or pesticide proposed for licensing, to carry out the provisions of the Act. The head shall investigate all reported events and information received that indicates any pesticide may have caused, 66-19 3 3 4 5 . I 411dlll §4-66-32.1 or is likely to cause, unreasonable adverse effects to humans or the environment. If the head finds from the investigation that unreasonable adverse effects to humans or the environment have occurred or are likely to occur, the pesticide shall be evaluated. (b) The head shall evaluate any pesticide when unreasonable adverse effects to humans or the environment have been found and documented to a reasonable degree of scientific certainty as being associated with the use of that pesticide. Unreasonable adverse effects to humans or the environment shall include, but not be limited to, the following circumstances: (1) Public or worker health hazard; (2) Pesticide residues in drinking water are present in levels that are equal to or exceed twenty per cent of the established federal or State heal th standards or advisories; ( 3) Pesticide residues in food or feed are present in levels exceeding the established tolerances; (4) Fish or wildlife hazard, including hazards to endangered _species; (5) Toxicity to non-target organisms; (6) Hazardous packaging; (7) Misbranded as established in sections 4-66-4 to 4-66-30 (40 CFR part 156 (2017)); ( 8) Other information suggesting unreasonable adverse effects on humans or the environment associated with the use of a specific pesticide; and (9) Discovery that data upon which a license was issued are false, misleading, or incomplete. (c) The evaluation of any pesticide shall consist of identification of unreasonable adverse effects to humans or the environment, including the social, economic, and environmental costs of the pesticide, identification of the uses of the pesticide, identification of the benefits of the pesticide, identification of alternatives to the pesticide, identification of regulatory controls considered by the head in mitigating unreasonable adverse effects on humans or the environment, determination by the head as 66-20 3345 §4-66-33 to whether the effects on humans or the environment are unreasonable, and recommendation by the head for regulatory actions. Evaluation may lead to no change, restriction of use, refusal to issue or renew a license, requirement of an annual use permit, or cancellation or suspension of the license. The evaluation shall be made available to all interested parties to provide them with an opportunity to submit additional information, and comment on the evaluation. [Eff and comp 12/16/06; am and comp AUG 2 3 Z019 (Auth: HRS §§149A-14, 149A- 33) (Imp: HRS §149A-33)