Section 4-66-32 - Restricted use pesticides(a) A pesticide or pesticide use classified for restricted use under FIFRA shall be classified as a State restricted use pesticide.(b) Any pesticides or pesticide uses that meet or exceed any of the following criteria shall be a candidate for State restricted use classification: (1) Pesticides in toxicity categories I and II as defined in section 4-66-18 ( 40 CFR sections 156.62, 156.64, 156.66, and 156.68 (2017));(2) Pesticides or pesticide uses that are determined by the head, in consultation with the director of the department of health, to be a health hazard for one or more reasons including, but not limited to, toxicity, body storage, oncogenicity, mutagenicity, and teratogenicity or other reproductive effects;(3) Pesticides or pesticide uses that can reasonably be anticipated to result in contamination of groundwater or significant reductions in non-target organisms, or fatality to members of endangered species; and(4) Pesticides or pesticide uses authorized under section 18, the Emergency Exemption provision, of FIFRA.(c) Any pesticide, pesticide formulation, pesticide product, or pesticide use that meets or exceeds the criteria set forth in section 4-66-32 (b) shall be subjected to an internal review process by the department prior to being presented to the board for adoption as a State restricted use pesticide.(d) The head, in consultation with the advisory committee, shall determine which pesticides, pesticide formulations, pesticide products, or pesticide uses meet or exceed the criteria set forth in section 4-66-32(b) and shall submit those items for review by the department.(e) Once the review process under section 4-66-32 (c), or if applicable, an evaluation under section 4-66-32.1(c), has been completed, the head shall submit a list of those pesticides, pesticide formulations, pesticide products, and pesticide uses deemed appropriate for classification as State restricted use for adoption by the board.(f) The head may classify a pesticide or pesticide use meeting or exceeding the criteria set forth in section 4-66-32 (b) for nonrestricted use if during the department's review process it is determined that measures such as packaging, type of formulation, or method of application eliminate or reduce hazards associated with the pesticide or its use.(g) The board, upon adoption of those pesticides, pesticide formulations, pesticide products, or pesticide uses recommended for classification as a State restricted use pesticide, shall maintain a list of all State restricted use pesticides at the department Office of the Chairperson. The list of State restricted use pesticides shall also be posted on the department's website.[Eff. 7/13/81; am and comp DEC 1 6 2006] (Auth: HRS §§ 149A-19, 149A-33, 7 USC 136 v, (a)-(b), 7 USC 136 w-1, (a)-(b)) (Imp: HRS §§ 149A-19, 149A-33)