§149A-31.2 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. [L 2013, c 105, §2]

Law Journals and Reviews

Poisons in Our Communities: Environmental Justice's Role in Regulating Hawai`i's Biotechnology Industry. 40 UH L. Rev. 155 (2018).