State sets pesticide guidelines for farmers on Kauai

Courtesy: Steve Benjamin

The state is setting guidelines for farmers on Kauai after community concerns over pesticides.

Agriculture companies are being asked to disclose the types of pesticides they are using and create a buffer zone around schools and hospitals.

Earlier this month, 2,000 people rallied on the Garden Isle for such a move.

Gov. Neil Abercrombie says farmers will comply on a voluntary basis for now until permanent rules can be set in place during the next legislative session.

Related story: Thousands rally against GMO practices on Kauai 

Act 105: §149A- 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.

To the extent of any available information, the legislative reference bureau shall conduct a study on pesticides that includes: whether other states impose any type of reporting requirements on pesticides that do not fall within the definition of a restricted use pesticide; and if so, the details of the reporting requirement and any other relevant information, to the extent ascertainable.

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