Hawaii Administrative Rules
Title 4 - DEPARTMENT OF AGRICULTURE
Subtitle 6 - DEPARTMENT OF AGRICULTURE
Chapter 66 - PESTICIDES
Section 4-66-48 - Experimental use permits; provisions for issuance
Universal Citation: HI Admin Rules 4-66-48
Current through February, 2024
(a) A permit is required for a pesticide intended for experimental use that is not exempt under section 4-66-47. If a pesticide is to be tested for a use, which is likely to result in a residue on or in food or feed, a permit for experimental use may be issued provided:
(1)
A tolerance or exemption from the requirements of a tolerance has been
established under section 408 of the Federal Food, Drug, and Cosmetic Act,
codified at title
21 United
States Code section 346a (2017); or a
regulation established under section 409 of the Federal Food, Drug, and
Cosmetic Act, codified at title
21 United States Code section
348 (2017); or
(2) The food or feed product derived from the
experimental use permit shall be destroyed or used as feed only for laboratory
or experimental animals for testing purposes; or
(3) Convincing evidence is submitted by the
applicant that the proposed use shall not result in residues in or on food or
feed that would be in excess of that authorized under section 408 of the
Federal Food, Drug, and Cosmetic Act, codified at title
21 United
States Code section 346a (2017), or a
regulation established under section 409 of the Federal Food, Drug, and
Cosmetic Act, section 348 of title 21, United States Code (2017), which would
be hazardous to humans, other animals, or the environment.
(b) A permit shall be issued only if it is clearly shown in the permit application that the applicant's instructions for use reasonably assure the protection of humans and the environment.
(c) All applications for an experimental use permit shall be filed by a qualified person on a form prescribed by the head. Each application shall contain the following:
(1) Name and address of the shipper, the
consignee, and place or places from which the shipment shall be made;
(2) Proposed date of shipment, or proposed
shipping period that shall not exceed one year from the permit application
date, and quantity to be shipped;
(3) A statement of the composition of
material to be covered by the permit, which shall apply to a single material or
similar formulations of the material;
(4) The name, address and telephone number
and qualification of the person responsible for conducting the test;
(5) Available data or reference to available
data on the analytical method and toxicity of the pesticide;
(6) The purpose or objective of the proposed
tests; a description of the proposed testing program including test parameters;
a designation of the pest organism or organisms involved; the amount of
pesticide product proposed for use; the crops, fauna, flora, sites, modes,
dosage rate, and situation of applications on or in which the pesticide is to
be used; the number of acres, number of structure sites, or number of animals
to be treated or included in the area of experimental use; the proposed dates,
or period, or periods during which the testing program is to be conducted and
the manner in which supervision of the program shall be accomplished; and the
method of destruction or disposal of treated food or feed;
(7) A statement that the pesticide is
intended for experimental use only;
(8) Proposed labeling that shall bear:
(A) The prominent statement "For Distribution
and Experimental Use Only Within Hawaii" in the container label and any
accompanying circular or other labeling;
(B) A warning or caution statement that may
be necessary and if complied with is adequate for the protection of those who
may handle or be exposed to the experimental formulations;
(C) The name and address of the applicant for
the permit;
(D) The name or
designation of the formulation; and
(E) If the pesticide is to be sold to
experimental use program participants, a statement of the names and percentages
of the principal active ingredients in the product; provided that, if the
shipper submits a copy of a valid experimental use permit issued under the
provisions of FIFRA, and the accepted labeling related thereto, at the head's
discretion, the head may exempt the shipper from the requirement of submitting
a part of the application, the data, and information specified in this
subsection; and
(9) A
statement as to the disposal of any unused portions of the experimental
pesticide.
Disclaimer: These regulations may not be the most recent version. Hawaii may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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