Haw. Code R. § 4-66-52 - Restricted use pesticide dealer and dealer representative

(a) Persons who sell restricted use pesticides, pesticides requiring an annual use permit or special permit to apply restricted use pesticides by aerial application, shall obtain a dealer sales permit for that purpose from the department. The dealer sales permit shall expire on December 31 of each year and shall be renewed no less than thirty calendar days before January 1 of each year.

(b) Any manufacturer, registrant, or distributor of a restricted use pesticide who has no sales outlet within this State, and who sells or distributes the pesticides directly to the user, shall obtain a Hawaii pesticide dealer sales permit for its principal out-of-state location or outlet.

(c) Application for a restricted use pesticide dealer sales permit shall be made on forms prescribed by the head and shall include the name and address of the applicant, location of the sales outlet, and name or names of the restricted use pesticide dealer representative or representatives at each sales outlet.

(d) All restricted use pesticides dealer sales outlets shall have a pesticide dealer representative. The names of the pesticide dealer representatives shall be submitted together with the application for the dealer sales outlet permit. Each restricted use pesticide dealer representative shall obtain a permit.

(e) Persons seeking to obtain a pesticide dealer representative permit shall apply for examination on forms prescribed by the head. To qualify, an applicant shall pass a written examination at a time and place designated by the head. Examination shall test the applicant's knowledge of pesticide laws, rules, and regulations, pesticide hazards, proper usage, safe storage and distribution and disposal methods. The restricted use pesticide dealer shall notify the head within thirty calendar days of any personnel change in the restricted use pesticide dealer representative position.

(f) A permit issued to a restricted use pesticide dealer representative shall be valid for five years. Renewal shall be by examination. Applications for renewal of restricted use pesticide dealer representative permits shall be submitted no less than thirty days prior to the permit expiration date.

(g) Every restricted use pesticide dealer permitted to sell restricted use pesticides shall be responsible for the acts of all pesticide dealer representatives and individuals employed in the solicitation, sale, distribution and handling of pesticides.

(h) Restricted use pesticide dealer sales outlets shall only distribute, solicit, sell, offer for sale, hold for sale, receive order for sale, or transport restricted use pesticides to a certified pesticide applicator, or non-certified applicator under the supervision of a certified pesticide applicator, and only those restricted use pesticides that are relevant to the certification category of the certified applicator,

(i) Any violation of the Act or these rules, whether committed by the dealer, dealer representative, or by any other officer, agent, or employee of the dealer may result in suspension or revocation of the dealer's permit or the dealer representative's permit, or both, as well as any other penalty provided by law.

Notes

Haw. Code R. § 4-66-52

[Eff. 7/13/81; am and comp DEC 16 2006] (Auth: HRS §§ 149A-11, 149A-17, 149A-18, 149A-19, 149A-33) (Imp: HRS §§ 149A-11, 149A-17, 149A-18, 149A-19, 149A-33) Am and comp 8/23/2019