Restricted Use Pesticides (RUP) ReportsPosted on Apr 20, 2021 in Main
Beginning January 1, 2019, every user of restricted use pesticides (RUPs) was required to submit a record of their use of RUPs. Required items to be reported include the date of application, the product that was applied (including name, EPA Registration number, and active ingredients), the amount that was applied, the area treated, the Tax Map Key (TMK) and other information (see Hawaii Revised Statutes (HRS) 149A-26, Hawaii Administrative Rules(HAR) 4-66-62(f)). These reports do not include all of the same information that RUP users must keep in their principal place of business as are required by the HAR 4-66-62. These reports are due by January 30th of the following year. Certified applicators who do not use any RUPs must still submit a report of non-use to the department. From these submissions, the Department makes a summary report of the pesticides used in each county (see HRS 149A-27). Any application of structural products must be removed from the report posted online as required by HRS 149A-28. This summary information, however, may be requested by submitting a Uniform Information Practices Act request to the Department.
The summaries of each year are posted here. All relevant statues pertaining to these reports are listed below:
(Unredacted copies of the reports will be available upon request.
Please email all requests to [email protected]
[§149A-26] Post-application reporting of pesticide use.
(a) Beginning January 1, 2019, every user of restricted use pesticides shall be subject to the requirement to submit to the department, for departmental use, an annual report of all use of restricted use pesticides as provided in this section.
(b) No later than thirty days following the end of each calendar year, every entity that uses restricted use pesticides shall provide to the department a report of all restricted use pesticides used during the preceding calendar year.
(c) The department shall adopt rules pursuant to chapter 91 requiring that the annual reports include the following information:
(1) A listing, by federal and state registrations or permit numbers, commercial product names, and active ingredients, of all restricted use pesticides used;
(2) The total quantities used for each restricted use pesticide;
(3) A general description of the geographic location, including, at a minimum, the tax map key number, at which the restricted use pesticides were used; and
(4) The date on which the restricted use pesticide application occurred.
[§149A-27] Public reports; contents.
The department shall produce a summary, for public disclosure, by county, that includes:
(1) The total quantities used, by federal and state registrations or permit numbers, commercial product names, and active ingredients, for each restricted use pesticide used; and
(2) The amount of area in the county in which the restricted use application occurred.
§149A-31.2, HRS Provides Pesticide use; posting online.
(a) The department shall publish on its website the public information contained in all restricted use pesticide records, reports, or forms submitted to the department, except those records, reports, or forms required by the department for restricted use pesticides used for structural pest control; provided that the department shall not post information on its website protected by section 92F-13.
(b) The department may prepare any forms necessary to meet the requirements of this section. In addition to any other administrative requirements, the department may also require the persons or entities filing pesticide records, reports, or forms to furnish an additional form that shall be suitable for posting online in response to requests pursuant to chapter 92F or title 5 United States Code section 552; provided that the additional form shall not require the disclosure of information protected by section 92F-13.
(c) For the purposes of this section, “structural pest control” means the control of wood-destroying organisms or household pests, including but not limited to moths, cockroaches, ants, beetles, flies, mosquitoes, ticks, wasps, bees, fleas, mites, silverfish, millipedes, centipedes, sowbugs, crickets, termites, or wood borers, including through any one or combination of the following:
(1) The identification of infestations or infections; conducting of inspections; or use of pesticides, including insecticides, repellents, attractants, rodenticides, fungicides, fumigants, and all other substances, mechanical devices, or structural modifications under whatever name known for the purposes of preventing, controlling, and eradicating insects, vermin, rodents, and other pests in household structures, commercial buildings, other structures including household structures, commercial buildings, and other structures in all stages of construction, and outside areas;
(2) All phases of fumigation, including treatment of products by vacuum fumigation; or
(3) The fumigation of railroad cars, trucks, ships, and airplanes.
§149A-33, HRS Provides: Rules.
The department shall have the authority to carry out and effectuate the purpose of this chapter by rules, including but not limited to the following:
(1) To establish fees, procedures, conditions, and standards to certify persons for the use of restricted use pesticides under section 4 of FIFRA;
(2) To establish limitations and conditions for the application of pesticides by aircraft, power rigs, mist blowers, and other equipment;
(3) To establish, as necessary, specific standards and guidelines which specify those conditions which constitute unreasonable adverse effects on the environment;
(4) To establish, as necessary, record keeping requirements for pesticide use by applicators; and
(5) To establish, as necessary, procedures for the issuance of guidelines to specify those conditions that constitute use of a pesticide in a manner inconsistent with its label.
HAR §4-66-62 Certified pesticide applicator recordkeeping.
(a) Certified pesticide applicators shall keep records of all restricted use pesticide applications at the applicator’s principal place of business.
(b) These records must be kept for a period of two years and shall be made available for inspection and copying by the head during reasonable working hours.
(c) Recordkeeping information shall include:
(1) Brand or common name of pesticide product applied;
(2) EPA registration number;
(3) Type of formulation;
(4) Per cent active ingredient;
(5) Scientific or common name of target pest;
(6) Dilution rate;
(7) Total amount of pesticide used;
(8) Total area covered;
(9) Time and date of application;
(10) Address or location of treated site;
(11) Name of certified applicator and his or her certification number;
(12) Crop, commodity, stored product or other site;
(13) Restricted entry interval and whether posting and oral notification are required; and
(14) Any other information the head deems necessary.
(d) Commercial applicators that apply any pesticide in agricultural operations shall furnish a written record containing the following information to the agricultural employer before any pesticide is applied:
(1) The specific location and description of the treated area;
(2) Time and date of application;
(3) Product name, EPA registration number, and active ingredient(s);
(4) Restricted entry interval;
(5) Whether posting and oral notification are required; and
(6) Any other product-specific requirements on the product labeling concerning protection of workers or other persons during or after application.
(e) Commercial applicators shall retain a copy of the written record furnished to the agricultural employer in compliance with subsection These records must be kept for a period of two years and shall be made available for inspection and copying by the head during reasonable working hours.
(f) Beginning January 1, 2019, every certified restricted use pesticide applicator shall submit to the department, for departmental use, an annual report of all use of restricted use pesticides. The report shall be submitted to the department no later than thirty days following the end of each calendar year on a form prescribed by the head. The report shall include:
(1) Name of certified applicator and his or her certification number;
(2) EPA registration number of each restricted use pesticide used;
(3) Commercial product name of each restricted use pesticide used;
(4) Active ingredient(s) of each restricted use pesticide used;
(5) The total quantities for each restricted use pesticide used;
(6) The total area treated for each restricted use pesticide used;
(7) The date on which the restricted use pesticide application occurred; and
(8) A general description of the geographic location, including, at a minimum the tax map key number, at which the restricted use pesticides were used.
(g) The department shall produce a summary from the information collected under subsection (f), for public disclosure, by county that includes:
(1) The total quantities used, by EPA registration number, commercial product names, and active ingredients for each restricted use pesticide used; and
(2) The total amount of area in the county in which the restricted use application occurred.
(h) Certified pesticide applicators shall create or verify the existence of records documenting that each non-certified applicator who mixes, loads, transfers, or applies restricted use pesticides has the qualifications required under section 4-66-61(4).
(i) Failure to comply with the recordkeeping requirements may result in certification revocation and subject the certified pesticide applicator to additional penalties as provided by law.