HB 1570: Neonicotinoid Pesticides; Prohibition; Department of Agriculture and Biosecurity; Evaluations

A BILL FOR AN ACT

relating to neonicotinoids.

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

     SECTION 1.  Section 149A-2, Hawaii Revised Statutes, is amended by adding two new definitions to be appropriately inserted and to read as follows:

     ""Neonicotinoid pesticide" means a pesticide containing acetamiprid, clothianidin, dinotefuran, imidacloprid, thiamethoxam, or any other chemical designated by the department as belonging to the neonicotinoid class of chemicals.

     "Rapid response" means immediate action taken by state or authorized personnel to prevent, contain, or eradicate invasive or destructive species that pose a significant threat to agriculture, natural resources, or public health."

     SECTION 2.  Section 149A-31, Hawaii Revised Statutes, is amended to read as follows:

     "§149A-31  Prohibited acts.  No person shall:

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

          (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 section 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[.]; or

     (8)  Beginning January 1, 2027, sell, possess, or use a pesticide containing one or more neonicotinoid pesticides, with the exception of use and possession by certified pesticide applicators, sale by pest control operators licensed under chapter 460J, and use by the department or other authorized state agency when engaged in rapid response efforts to control invasive or destructive species; provided that the department shall:

          (A)  Evaluate, at a minimum, the potential impacts of the neonicotinoid pesticide use authorized by this paragraph on pollinating insects, native migratory and resident birds, aquatic organisms, and human health, taking into account relevant routes of exposure, including ingestion of neonicotinoid-pesticide coated seeds and any depletion of beneficial insects resulting from their use, as follows:

              (i)  On or before January 1, 2028, the department shall issue a draft human health risk assessment of imidacloprid;

             (ii)  On or before July 1, 2028, the department shall initiate a reevaluation of neonicotinoid pesticides related to pollinating insects, aquatic organisms, and human health, taking into account relevant routes of exposure;

            (iii)  On or before January 1, 2028, the department shall issue a final human health risk assessment for imidacloprid;

             (iv)  On or before January 1, 2028, the department shall issue draft human health risk assessments for acetamiprid, clothianidin, dinotefuran, thiamethoxam, or any other chemical designated by the department as belonging to the neonicotinoid class of chemicals other than imidacloprid;

              (v)  On or before July 1, 2028, the department shall issue an evaluation of the impact of neonicotinoid pesticides on aquatic organisms;

             (vi)  On or before January 1, 2029, the department shall issue final human health risk assessments for acetamiprid, clothianidin, dinotefuran, thiamethoxam, or any other chemical designated by the department as belonging to the neonicotinoid class of chemicals other than imidacloprid; and

            (vii)  On or before July 1, 2030, the department shall issue a determination with respect to the reevaluation of neonicotinoid pesticides on their impacts to pollinating insects, aquatic organisms, and human health;

          (B)  On or before July 1, 2032, adopt any necessary control measures for the use of neonicotinoid pesticides that are determined by the department to be necessary, based on the evaluations pursuant to subparagraph (A);

          (C)  If the department is unable to meet any deadline required pursuant to subparagraph (A) or (B), submit a report to the appropriate standing committees of the legislature setting forth the reasons the deadline or deadlines have not been met;

          (D)  In performing the evaluations pursuant to subparagraph (A), consider the cumulative impacts of exposure to multiple neonicotinoid pesticides, unless the department can demonstrate with substantial evidence that one or more neonicotinoid pesticides do not share a common mechanism of toxicity and do not present risk of cumulative harm.  In such case, the synergistic impacts of exposure to two or more neonicotinoid pesticides not sharing a method of action shall be considered in lieu of the cumulative impacts.

                   For the purposes of this subparagraph:

                   "Cumulative impacts of exposure" means the collective impact of exposure to two or more neonicotinoid pesticides.

                   "Synergistic impacts of exposure" means the collective impact of exposure to two or more neonicotinoid pesticides that do not share a common mechanism of toxicity; and

          (E)  Not be required to conduct a reevaluation of any use of neonicotinoid pesticides for the protection of agricultural commodities as defined in section 145-21, excluding the use of neonicotinoid pesticides as seed coatings for commodity and specialty crops."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

Report Title:

Neonicotinoid Pesticides; Prohibition; Department of Agriculture and Biosecurity; Evaluations

Description:

Beginning 1/1/2027, prohibits the sale, possession, or use of a pesticide containing one or more neonicotinoid pesticides, under certain conditions.  Requires the Department of Agriculture and Biosecurity to evaluate the potential impacts of and adopt any necessary control measures for neonicotinoid pesticide use on pollinating insects, native migratory and resident birds, aquatic organisms, and human health.

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