Haw. Code R. § 4-66-2
As used in this chapter:
"Act" means the Hawaii Pesticides Law, chapter 149A, Hawaii Revised Statutes.
"Adjuvant" means any substance added to a spray tank to improve and enhance the performance of the pesticide being applied.
"Agricultural commodity" means any plant, or plant product, or animal or animal product, produced by, but not limited to, farmers, ranchers, vineyardists, plant propagators, aquaculturists, floriculturists, orchardists, foresters, or other comparable persons for sale.
"Board" means board of agriculture.
"Certification" means the authorization granted by the state or federal government to a person to use, handle, or supervise the use of restricted use pesticides.
"Certification standard" means a requirement for certification.
"Changed use pattern" means a significant change from a use pattern approved in connection with the registration of a pesticide product. Examples of significant changes include, but are not limited to, changes from nonfood to food use, outdoor to indoor use, ground to aerial application, terrestrial to aquatic use, and nondomestic to domestic use.
"Chemigation" means applying pesticides through irrigation systems.
"Commercial applicator" or "commercial pesticide applicator" means a certified applicator, whether or not a private applicator with respect to some uses, who uses or supervises the use of any pesticide that is classified for restricted use for any purpose or on any property other than as provided by the definition of "Private pesticide applicator" in section 149A-2, Hawaii Revised Statutes.
"Competent" means the state of being able and qualified to perform a particular function in pesticide application, the degree of competence being directly related to the nature of the activity and the associated responsibility.
"Department" means the State of Hawaii, Department of Agriculture.
"Domestic application" means application of a pesticide directly to humans or pets, or application of a pesticide in, on, or around all structures, vehicles, or areas associated with the household or home life, patient care areas of health related institutions, or areas where children spend time, including but not limited to:
(1) Gardens, non-commercial greenhouses, yards, patios, houses, pleasure marine craft, mobile homes, campers and recreational vehicles, noncommercial campsites, home swimming pools and kennels;
(2) Articles, objects, devices or surfaces handled or contacted by humans or pets in all structures, vehicles or areas listed above;
(3) Patient care areas of nursing homes, mental institutions, hospitals, and convalescent homes; and
(4) Educational, lounging and recreational areas of preschools, nurseries and day camps.
"Drift" or "pesticide spray drift" means the movement of pesticide dust or droplets through the air at the time of application or soon after, to any site other than the area intended.
"Enclosed space production" or "greenhouse production" means production of an agricultural plant indoors or in a structure or space that is covered in whole or in part by any nonporous covering and that is large enough to permit a person to enter.
"Environment" includes water, air, land, and all plants and humans and other animals living therein, and the interrelationships that exist among these.
"EPA" means the United States Environmental Protection Agency.
"FIFRA" means the Federal Insecticide, Fungicide, and Rodenticide Act, title 7 United States Code (USC) sections 136 et seq., as amended.
"Finished bait" means an end use bait product that requires no preparation or mixing.
"Front panel" means that portion of the label of a pesticide product that is ordinarily visible to the purchaser under the usual conditions of display for sale.
"Fungicide" means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any fungus, bacterium, or virus. Fungicides include:
(1) Products intended for use as seed or plant treatments to destroy or prevent fungus diseases;
(2) Products intended for use in disinfecting, sanitizing, or sterilizing premises or other inanimate objects to prevent or destroy organisms that cause diseases of humans or other animals;
(3) Products for use in reducing bacterial counts in water or air; and
(4) Products intended for use as wood preservatives that prevent rot or decay in wood by preventing or destroying organisms which cause decay or rot; Products not considered fungicides include:
(1) Products intended for use in preventing or destroying any fungus or virus on or in living man or other animals and those on or in processed food, beverages or pharmaceuticals (the term processed foods includes processed animal feed and the term pharmaceuticals is intended to include cosmetics); and
(2) Paints that are treated to protect the paint itself and bear no claim for preventing or destroying fungi after application to any surface.
"Hazard" means a situation where there exists a possibility that a given pesticide will cause injury or have unreasonable adverse effects on the environment.
"Head" means the administrative head of the division of plant industry, Hawaii department of agriculture, or any officer or employee to whom authority has been duly delegated.
"Herbicide" means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any weed including any algae or other aquatic weed, or any plant parts growing where not wanted.
"Insecticide" means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any insect. The term shall not include pharmaceutical products approved by the United States Food and Drug Administration for use, under prescription by a licensed physician on humans or by a licensed veterinarian on animals.
"LC50" means a concentration of substance, expressed as parts per million parts of medium, which is lethal to fifty per cent of the test population of animals under test conditions acceptable for registration under FIFRA.
"LD50" means a single dermal or oral dose of a substance, expressed as milligrams per kilogram (mg/kg) of body weight, which is lethal to fifty per cent of the test population of animals under test conditions acceptable for registration under FIFRA.
"License" means the process of being allowed to register a pesticide product pursuant to provisions of chapter 149A, Hawaii Revised Statutes.
"Licensed sales outlet" or "Dealer" means a specified site authorized by annual permit to sell or distribute restricted use pesticides pursuant to section 149A-17, Hawaii Revised Statutes, where restricted use pesticides are kept for sale or distribution and where records of such sale, distribution, or disposition of restricted use pesticides are kept and that meet the requirements established in section 4-66-52.
"Licensed pesticide dealer representative" or "pesticide dealer representative" means a person authorized to sell restricted use pesticides in a permitted sales outlet and who has successfully passed an examination required by the head and obtained a permit pursuant to section 4-66-52.
"Licensee" means a person who has been licensed to register a product pursuant to the provisions of section 149A-13, Hawaii Revised Statutes.
"Mode of action" means the manner that a pesticide impacts key biochemical processes responsible for its effect.
"Nematicide" or "Nematocide" means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating nematodes inhabiting soil, water, plants, or plant parts.
"Non-target organisms" means those flora and fauna (including humans) that are not intended to be controlled, injured, killed, or detrimentally affected in any way by a pesticide.
"Permittee" means any applicant to whom a permit has been granted.
"Person" means any individual, firm, corporation, association, or partnership or any organized group of persons whether incorporated or not.
"Personal protective equipment" (PPE) means devices and apparel that are worn to protect the body from contact with pesticides or pesticide residues, including, but not limited to, coveralls, chemical-resistant suits, chemical-resistant gloves, chemical-resistant footwear, respiratory protection devices, chemical resistant aprons, chemical-resistant headgear, and protective eyewear, as further defined in title 40, Code of Federal Regulations section 170.507 (2018).
"Pesticide" means:
(1) Any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest; and
(2) Any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant.
A product that is not intended to prevent, destroy, repel, or mitigate a pest, or to defoliate, desiccate or regulate the growth of plants, is not considered to be a pesticide. The following types of products or articles are not considered to be pesticides unless a pesticidal claim is made on the label or in connection with the sale and distribution:
(a) Deodorizers, bleaches, and cleaning agents;
(b) Products not containing toxicants, intended only to attract pests for survey or detection purposes, and labeled accordingly; and
(c) Products that are intended to exclude pests only by providing a physical barrier against pest access, and that contain no toxicants, such as certain pruning paints to trees.
"Private pesticide applicator" or "private applicator" means a certified pesticide applicator who uses or supervises the use of any pesticide that is classified for restricted use for purposes of producing any agricultural commodity on property owned or rented by the applicator or the applicator's employer or if applied without compensation other than trading of personal services between producers of agricultural commodities on the property of another person.
"Reasonable" means that which is appropriate, fair and sensible for a particular situation as understood by a person of average caution under the same or similar circumstances.
"Reentry" means the action of entering an area or site where a pesticide has been applied.
"Rodenticide" means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating animals belonging to the Order Rodentia of the Class Mammalia such as rats, mice, gophers, rabbits, hares, and closely related species.
"Runoff" means rainfall or snowmelt events that flow over land or impervious surfaces, such as paved streets, parking lots, and building roof tops, that directly enters into lakes, rivers, wetlands, coastal waters, or other surface waters, and does not soak into the ground.
"Surface water" means water upon the surface of the earth in bounds created naturally or artificially including, but not limited to, lakes, rivers, ponds, streams, other watercourses, reservoirs, and coastal waters subject to the jurisdiction of the State of Hawaii. Water from natural springs is surface water when it exits from the spring onto the earth's surface.
"Under the direct supervision of a certified applicator" means that, unless otherwise prescribed by a pesticide's labeling, a pesticide shall be considered to be applied under the direct supervision of a certified applicator if it is applied by a competent person acting under the instructions and control of a certified applicator who is immediately able to communicate with the non-certified applicator, even though the certified applicator is not physically present at the time and place the pesticide is applied, and as further defined in section 171.201 of title 40, Code of Federal Regulations (2018).
"Unreasonable adverse effects on the environment" means any unreasonable risk to humans or the environment, taking into account the economic, social, and environmental costs and benefits of the use of the pesticide.
"Use" or "to use a pesticide" means any of the following:
(1) Pre-application activities involving mixing and loading the pesticide.
(2) Applying the pesticide, including, but not limited to, supervising the use of a pesticide by a non-certified applicator.
(3) Other pesticide-related activities, including, but not limited to, transporting or storing pesticide containers that have been opened, cleaning equipment, and disposing of excess pesticides, spray mix, equipment wash waters, pesticide containers, and other pesticide-containing materials.
"Use pattern" means the manner in which a pesticide is applied and includes the following parameters of pesticide application:
(1) Target pest;
(2) Crop or animals treated;
(3) Application site; and
(4) Application technique, rate and frequency.
Haw. Code R. § 4-66-2