New Requirements Under Act 45Posted on Dec 28, 2018 in Main
Act 45 was passed by the 2018 Legislature and establishes new requirements regarding the use of pesticides in Hawaii. The following are new requirements that are effective on January 1, 2019.
RESTRICTED USE PESTICIDES REPORTING
Section 149A-26, Hawaii Revised Statutes, and Section 4-66-62, Hawaii Administrative Rules, require all Certified Applicators of Restricted Use Pesticides (RUP) to submit a report of the RUP that were applied each year. Reports are required to be submitted even if no RUP applications were applied that year. Use Form P-45, Part 1, Declaration, to declare your use or nonuse of RUPs and Form P-45 Part 2, RUP Report, to list all RUP products used, and submit the form(s) to HDOA’s Pesticides Branch by January 30th for RUP use for the previous year. Even if you did not apply any RUPs in a year, you must submit a report declaring no RUPs were applied.
The information on this form will be used to generate a report, for departmental use, that will provide the amount of RUP products used by County and includes the total quantities used, EPA Registration Number(s), commercial product names, and active ingredients for each RUP used. The report will also include the amount of area in the county in which the RUP application occurred.
Download the Form P-45 Part 1, Declaration to declare whether or not RUPs were applied. This Declaration must be submitted by all RUP Certified Applicators—those who have and those who have not applied any RUPs during the previous calendar year. This Declaration must be submitted with the Form P-45 Part 2, RUP summary. For those who have not applied any RUPs during the previous calendar year, this this form may be submitted without the Form P-45 Part 2, RUP report.
Finding the Tax Map Key Info
Tax Map Key information may be found on your personal tax records or by searching your county’s database at one of the following websites:
Step-By-Step Guide to filling out the P-45 Form
For help in filling out the P-45 Form, download the step-by-step guide at: https://hdoa.hawaii.gov/pi/files/2018/12/Filling-Out-Form-P-45.pdf
Unconventional RUP Treatments
For instructions on reporting unconventional RUP treatments, please refer to the following memorandum: https://hdoa.hawaii.gov/pi/files/2018/12/Memo-for-Reporting-of-Unconventional-RUP-Treatment-Final1-13-20.doc
If you have any questions about this, please contact the Pesticides Branch at (808) 973-9402 or email at [email protected]
BUFFER ZONES FOR RESTRICTED USE PESTICIDE APPLICATION
- Act 45 (2018) can be found here: https://www.capitol.hawaii.gov/session2018/bills/GM1145_.PDF
- Beginning January 1, 2019, no person shall apply Restricted Use Pesticides on or within 100 feet of a school property during normal school hours. This restriction does not apply to whole structure fumigation.
- The maps provided above are for illustrative purposes only; county wide maps displayed above do not have the 100 foot buffers associated with the tax map keys.
- For those interested in obtaining more detailed maps to help identify schools in their neighborhoods please submit a request to: [email protected]. Please include in your request the specific part of the islands for which you have an interest including, where possible, a physical address, tax map key, or other identifiable landmark.
Please be advised that the maps are being provided as a courtesy to aid applicators of Restricted Use Pesticides by providing general guidance in locating preschools, kindergarten, elementary, intermediate, middle, secondary, and high schools (“schools”) within the State. The Hawaii Department of Agriculture (“HDOA”) provides no warranties or representations of any kind, either express or implied, regarding the accuracy or completeness of the information provided. It is the RUP user’s sole responsibility to ensure that RUP application complies with all applicable Federal, State and local laws, including Section 149A-28, Hawaii Revised Statutes”
These maps provide general information on the location of public schools under the Hawaii Department of Education (DOE), and private schools registered with the Hawaii Department of Commerce and Consumer Affairs (DCCA). Users of this information are advised to seek verification of the information by other publicly available sources, and not to rely solely on the HDOA provided maps.
HDOA provides the maps on an “as is” basis. HDOA shall not be liable or held responsible for any unintentional omission, addition, or error in or loss of data, or for any loss of service; for any breakdown, interruption, or delay in service; or for any other failure or inability of HDOA to provide services or data directly or indirectly from any cause or circumstance. The information and services on this web site are continually under development. All documents and information contained within the documents are unofficial, and HDOA shall not be liable for any losses caused by the untimeliness of the information made available on this web site.
- School is defined as any public or private preschool, kindergarten, elementary, intermediate, middle, secondary or high school.
- Normal school hours are defined as Monday through Friday from 7:00 AM until 4:00 PM, excluding days when classes are not in session.
- It is the responsibility of the certified applicator to comply with the requirements of all applicable Federal, State and local laws, including Section 149A-28, Hawaii Revised Statutes.
For any questions regarding the buffer zones please contact HDOA Pesticides Branch personnel at the following email: [email protected]
CHLORYPYRIFOS USE PERMIT FORM AS REQUIRED BY ACT 45
Section 149A-31(7), Hawaii Revised Statutes, requires that all uses of chlorpyrifos and products which contain chlorpyrifos require possession of a permit, issued by the Hawaii Department of Agriculture Pesticides Branch, beginning January 1, 2019. On January 1, 2023 all uses and sale of chlorpyrifos in the State of Hawaii are banned and permitting of its use will cease at that time. Any chlorpyrifos permits that extend past December 31, 2022 will be terminated as of that date.
The application for a permit to use chlorpyrifos includes all products that will be used in an Agricultural setting (which include cattle ear tags) or for a Non-Agricultural Use. Those who desire to use products which include chlorpyrifos as 1 or more active ingredients are required to fill in Form C-45.
The permit application form, C-45, can be requested from the Pesticides Branch at the Hawaii following email address: [email protected] Upon return of a completed application form the HDOA Pesticides Branch will process the applications within 72 hours of receipt. Permits will be sent to the applicant at the email address that is associated with the application form. If the applicant desires a hard copy of the permit, then please indicate the request when submitting the completed application form.
If you have any questions about this, please contact the Pesticides Branch at (808) 973-9411 or email at [email protected]