HAR §4-66-50. Experimental use permits; reports

At specific intervals to be prescribed by the head, the experimental use permittee shall submit periodic reports to the head regarding the status of the experimental program. The permittee shall immediately report to the head any incidents of unreasonable adverse effects on the environment from use, or from exposure to pesticides covered by an experimental use permit. These periodic reports shall include the following information: (1) Quantity of the pesticide shipped and used during the reporting period; (2) Name and address of consignee and ultimate destination and amount of each shipment; (3) A summary of data on effectiveness, phytotoxicity, or other pertinent information regarding usefulness obtained during the permit period; (4) Any additional data obtained on residue or analytical methods obtained; (5) Any additional data obtained on toxicity or unreasonable adverse effects to humans, non- target animals, or the environment; (6) Any residue data obtained on the treated crop or site on which determination can be made regarding reentry into the treated area; 66-38 0 45 §4-66-52 (7) Disposition of unused pesticide; and (8) Such other information and data as may be prescribed by the head. [Eff 7/13/81; am and comp 12/16/06; am and comp AUG 2 3 2019 ] (Auth: HRS §§149A-19, 149A-22, 149A-33; 40 CFR §172.25) (Imp: HRS §§149A-19, 149A-22, 149A-33; 40 CFR §172.25) §4-66-51 Experimental use permits; monitoring and revocation. (a} The head shall monitor the testing program if it is determined necessary for protection of the public health and environment. It shall be the responsibility of the permittee or person supervising the experiment to immediately report to the head any incidents or adverse reaction from use of, or exposure to the pesticide covered by an experimental use permit. (b) The head shall revoke an experimental use permit if it is determined that the permit terms or conditions are being violated, or that the permit terms or conditions are inadequate to avoid unreasonable adverse effects on humans or the environment. (c) Failure to comply with the terms or conditions of any State issued experimental use permit may subject the permittee, or person supervising the experiment, or both, to additional penalties as provided by law. [Eff 7/13/81; am and comp 12/16/06; am and comp AUG 2 3 2019 ] (Auth: HRS §§149A-19, 149A-22, 149A-33; 40 CFR §172.25) (Imp: HRS §§149A-19, 149A-22, 149A-33; 40 CFR §172.25) §4-66-52 Restricted use pesticide dealer and dealer representative. (a) Persons who sell restricted use pesticides, pesticides requiring an annual use permit or special permit to apply restricted use pesticides by aerial application, shall obtain a dealer sales permit for that purpose from the department. The dealer sales permit shall expire on December 31 of each year and shall be renewed no less than thirty calendar days before January 1 of each year. (b) Any manufacturer, registrant, or distributor of a restricted use pesticide who has no sales outlet within this State, and who sells or distributes the pesticides directly to the user, shall obtain a Hawaii pesticide 66-39 i . §4-66-52 dealer sales permit for its principal out-of-state location or outlet. (c) Application for a restricted use pesticide dealer sales permit shall be made on forms prescribed by the head and shall include the name and address of the applicant, location of the sales outlet, and name or names of the restricted use pesticide dealer representative or representatives at each sales outlet. (d) All restricted use pesticides dealer sales outlets shall have a pesticide dealer representative. The names of the pesticide dealer representatives shall be submitted together with the application for the dealer sales outlet permit. Each restricted use pesticide dealer representative shall obtain a permit. (e) Persons seeking to obtain a pesticide dealer representative permit shall apply for examination on forms prescribed by the head. To qualify, an applicant shall pass a written examination at a time and place designated by the head. Examination shall test the applicant 1 s knowledge of pesticide laws, rules, and regulations, pesticide hazards, proper usage, safe storage and distribution and disposal methods. The restricted use pesticide dealer shall notify the head within thirty calendar days of any personnel change in the restricted use pesticide dealer representative position. (f) A permit issued to a restricted use pesticide dealer representative shall be valid for five years. Renewal shall be by examination. Applications for renewal of restricted use pesticide dealer representative permits shall be submitted no less than thirty days prior to the permit expiration date. (g) Every restricted use pesticide dealer permitted to sell restricted use pesticides shall be responsible for the acts of all pesticide dealer representatives and individuals employed in the solicitation, sale, distribution and handling of pesticides. (h) Restricted use pesticide dealer sales outlets shall only distribute, solicit, sell, offer for sale, hold for sale, receive order for sale, or transport restricted use pesticides to a certified pesticide applicator, or non-certified applicator under the supervision of a certified pesticide applicator, and only 66-40 345 §4-66-53 those restricted use pesticides that are relevant to the certification category of the certified applicator. (i) Any violation of the Act or these rules, whether committed by the dealer, dealer representative, or by any other officer, agent, or employee of the dealer may result in suspension or revocation of the dealer's permit or the dealer representative's permit, or both, as well as any other penalty provided by law. [Eff 7/13/81; am and comp 12/16/06; am and comp AUG 2 3 zo1iJ ] (Auth: HRS §§149A-11, 149A-17, 149A-18, 149A-19, 149A- 33) (Imp: HRS §§149A-ll, 149A-17, 149A-18, 149A-19, 149A-33)