(a) All manufacturers or their representatives intending to sell, lease, or provide through other means a nonchemical pest control device in the State shall submit efficacy and safety data prior to sale, lease, or transfer to the department of agriculture; provided such requirement for submission of efficacy and safety data may include the furnishing of specimen devices or samples. The department of agriculture or its designated representative shall conduct such examination and testing as may be necessary to ascertain the reliability, efficacy and safety data and actual or potential adverse effects upon human health and safety of such device. The costs of conducting such test shall be borne by the manufacturer or the manufacturer’s representative. The department of agriculture shall adopt and enforce rules pursuant to chapter 91 to carry out this section.

Ask a business law question, get an answer ASAP!
Thousands of highly rated, verified business lawyers.
Click here to chat with a lawyer about your rights.

Terms Used In Hawaii Revised Statutes 460J-24.5

  • Efficacy and safety data: means data from experiments conducted by qualified scientists to determine the efficacy and safety of a nonchemical pest control device. See Hawaii Revised Statutes 460J-1
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Nonchemical pest control device: means any device that purports to eliminate or control pests by attracting, repelling, or killing pests without the use of chemicals. See Hawaii Revised Statutes 460J-1
  • Pest control: means , with respect to wood-destroying pests, or other pests which may invade households or other structures, including railroad cars, ships, docks, trucks, airplanes, or the contents thereof, the engaging in, offering to engage in, advertising for, soliciting, or performing the following for hire:

    (1) Identifying pests or infestations;

    (2) Making an inspection for the purpose of identifying or attempting to identify infestations of household or other structures by pests;

    (3) Making inspection reports, recommendations, estimates, and bids, whether oral or written, with respect to infestations; or

    (4) Making contracts, or submitting bids for, or the use of avicides, insecticides, pesticides, rodenticides, fumigants, or allied chemicals or substances, or mechanical devices, for the purpose of eliminating, exterminating, controlling, or preventing infestations of pests or organisms. See Hawaii Revised Statutes 460J-1

  • Pest control operator: means any person who personally or through others offers to undertake or practice, or holds oneself out as being able to undertake or practice, or does undertake or practice pest control. See Hawaii Revised Statutes 460J-1
(b) Any person including a wholesaler, retailer, or pest control operator who sells, leases, or provides through other means a device which has not been approved as provided in subsection (a) shall be subject to penalty as provided in § 460J-27.