HB 1880: Pesticides; Telone; 1,3-Dichloropropene; Prohibited Use or Application

A BILL FOR AN ACT

RELATING TO PESTICIDES.

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

     SECTION 1.  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, 2030, use or apply any pesticide containing 1,3-dichloropropene as an active ingredient."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

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  Statutory material to be repealed is bracketed and stricken.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

     SECTION 4.  This Act shall take effect on July 1, 3001.

Report Title:

Pesticides; Telone; 1,3-Dichloropropene; Prohibited Use or Application

Description:

Beginning 1/1/2030, prohibits the use or application of a pesticide containing 1,3-dichloropropene as an active ingredient, such as Telone.  Effective 7/1/3001.  (HD3)

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

A BILL FOR AN ACT

RELATING TO PESTICIDES.

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

     SECTION 1.  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, use or apply any pesticide containing 1,3-dichloropropene as an active ingredient."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect on July 1, 3001.

Report Title:

Pesticides; Telone; 1,3-Dichloropropene; Prohibited Use or Application

Description:

Beginning 1/1/2027, prohibits the use or application of a pesticide containing 1,3-dichloropropene as an active ingredient, such as Telone.  Effective 7/1/3001.  (HD2)

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

A BILL FOR AN ACT

RELATING TO PESTICIDES.

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

     SECTION 1.  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, use or apply any pesticide containing 1,3-dichloropropene as an active ingredient."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect on July 1, 3000.

Report Title:

Pesticides; Telone; 1,3-Dichloropropene; Prohibited Use or Application

Description:

Beginning 1/1/2027, prohibits the use or application of a pesticide containing 1,3-dichloropropene as an active ingredient, such as Telone.  Effective 7/1/3000.  (HD1)

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

A BILL FOR AN ACT

relating to pesticides.

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

     SECTION 1.  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, use or apply any pesticide containing 1,3-dichloropropene as an active ingredient."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

Report Title:

Pesticides; Telone; 1,3-Dichloropropene; Prohibited Use or Application

Description:

Beginning 1/1/2027, prohibits the use or application of a pesticide containing 1,3-dichloropropene as an active ingredient, such as Telone.

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

STAND. COM. REP. NO.  1106-26

Honolulu, Hawaii

                , 2026

RE:   H.B. No. 1880

      H.D. 3

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

     Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 1880, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO PESTICIDES,"

begs leave to report as follows:

     The purpose of this measure is to, beginning January 1, 2027, prohibit the use or application of a pesticide containing 1,3-dichloropropene as an active ingredient.

     Your Committee received testimony in support of this measure from one member of the Kauaʻi County Council; Hawaii Public Health Institute; Hawaiʻi Reef & Ocean Coalition; Kanalani Ohana Farm; Hawaiʻi Food+ Policy; Kauai Climate Action Coalition; League of Women Voters of Hawaii; Hawaiʻi Alliance for Progressive Action; and numerous individuals.  Your Committee received testimony in opposition to this measure from the Chamber of Commerce Hawaii; Hawaiʻi Farm Bureau; Land Use Research Foundation of Hawaii; Dole Food Company; and one individual.  Your Committee received comments on this measure from the Department of Agriculture and Biosecurity and Hawaii Crop Improvement Association.

     Your Committee finds that 1,3-dichloropropene, commonly known as Telone, is a restricted-use pesticide associated with significant public health and environmental concerns, including risks from pesticide drift that are difficult to fully mitigate under existing law.  Your Committee further finds that prohibiting the use or application of pesticides containing 1,3-dichloropropene, with a delayed effective date, is consistent with prior legislative action to restrict hazardous pesticides and appropriately balances public health protection with regulatory certainty.

     Your Committee has amended this measure by:

     (1)  Changing the starting date on the prohibition on the use or application of a pesticide containing 1,3-dichloropropene as an active ingredient to January 1, 2030;

     (2)  Inserting a savings clause; and

     (3)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1880, H.D. 2, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 1880, H.D. 3.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

STAND. COM. REP. NO.  685-26

Honolulu, Hawaii

                , 2026

RE:   H.B. No. 1880

      H.D. 2

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

     Your Committee on Consumer Protection & Commerce, to which was referred H.B. No. 1880, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO PESTICIDES,"

begs leave to report as follows:

     The purpose of this measure is to, beginning January 1, 2027, prohibit the use or application of a pesticide containing 1,3-dichloropropene as an active ingredient.

     Your Committee received testimony in support of this measure from the Green Party of Hawaiʻi; Hawaiʻi Alliance for Progressive Action; Hawaiʻi Public Health Institute; Hawaiʻi Farmers Union United; Hawaiʻi Food+ Policy; Kauai Climate Action Coalition; Kanalani Ohana Farm; and numerous individuals.  Your Committee received testimony in opposition to this measure from the Hawaiʻi Farm Bureau and Dole Food Company Hawaii.  Your Committee received comments on this measure from the Department of Agriculture and Biosecurity and Hawaii Crop Improvement Association.

     Your Committee finds that 1,3-dichloropropene is a soil fumigant used to control nematodes, fungal diseases, insects, and other soil-dwelling pests on crops, such as sweet potatoes, pineapples, and onions.  There are no residential uses for 1,3-dichloropropene.

     Your Committee further finds that all products with 1,3-dichloropropene are restricted use pesticides subject to strict sales and use regulations under the supervision of the Department of Agriculture and Biosecurity.  Although there are substantial regulations around the sale and use of 1,3-dichloropropene, your Committee additionally finds that 1,3-dichloropropene is classified as a likely carcinogen in the United States and banned in forty countries.  This measure protects the health of residents of the State by prohibiting the use or application of 1,3-discloropropene.

     Your Committee has amended this measure by changing the effective date to July 1, 3001, to encourage further discussion.

     As affirmed by the record of votes of the members of your Committee on Consumer Protection & Commerce that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1880, H.D. 1, as amended herein, and recommends that it be referred to your Committee on Judiciary & Hawaiian Affairs in the form attached hereto as H.B. No. 1880, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Consumer Protection & Commerce,

STAND. COM. REP. NO.  166-26

Honolulu, Hawaii

                , 2026

RE:   H.B. No. 1880

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

     Your Committees on Agriculture & Food Systems and Energy & Environmental Protection, to which was referred H.B. No. 1880 entitled:

"A BILL FOR AN ACT RELATING TO PESTICIDES,"

beg leave to report as follows:

     The purpose of this measure is to, beginning January 1, 2027, prohibit the use or application of a pesticide containing 1,3-dichloropropene as an active ingredient.

     Your Committees received testimony in support of this measure from the Hawaiʻi Alliance for Progressive Action; Hanai Hives LLC; Hawaiʻi Farmers Union United; Hawaiʻi Food+ Policy; Women Organizing for Change in Agriculture and Natural Resource Management; Green Party of Hawaiʻi; and numerous individuals.  Your Committees received testimony in opposition to this measure from the Department of Agriculture and Biosecurity; Hawaiʻi Farm Bureau; and one individual.  Your Committees received comments on this measure from CropLife America and one individual.

     Your Committees find that Telone, which contains 1,3-dichloropropene as an active ingredient, is a volatile soil fumigant and probable carcinogen that threatens the health of rural farming families and risks the permanent degradation of soil.  Your Committees further find that prohibiting the use or application of a pesticide containing 1,3-dichloropropene as an active ingredient safeguards public and environmental health and supports regenerative agricultural practices.

     Your Committees have amended this measure by changing the effective date to July 1, 3000, to encourage further discussion.

     As affirmed by the records of votes of the members of your Committees on Agriculture & Food Systems and Energy & Environmental Protection that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 1880, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 1880, H.D. 1, and be referred to your Committee on Consumer Protection & Commerce.

Respectfully submitted on behalf of the members of the Committees on Agriculture & Food Systems and Energy & Environmental Protection,