RELATING TO NEONICOTINOIDS.

SB2333

THE SENATE

S.B. NO.

2333

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

relating
to neonicotinoids
.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

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SECTION 1.
�
Section 149A-2, Hawaii Revised Statutes, is
amended by adding two new definitions to be appropriately inserted and to read
as follows:

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"
"Neonicotinoid
pesticide" means a pesticide containing acetamiprid, clothianidin,
dinotefuran, imidacloprid, thiamethoxam, or any other chemical designated by
the department as belonging to the neonicotinoid class of chemicals.

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"Rapid response" means
immediate action taken by state or authorized personnel to prevent, contain, or
eradicate invasive or destructive species that pose a significant threat to
agriculture, natural resources, or public health.
"

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SECTION
2
.
�
Section
149A-31, Hawaii Revised Statutes, is amended to read as follows:

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"
�149A-31
�
Prohibited acts.
�
No person shall:

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(1)
�
Use any pesticide
in a manner inconsistent with its label, except that it shall not be unlawful
to:

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(A)
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Apply a pesticide
at any dosage, concentration, or frequency less than that specified on the
label or labeling; provided that the efficacy of the pesticide is maintained;
provided further that when a pesticide is applied by a commercial applicator,
the deviation from the label recommendations shall be with the consent of the
purchaser of the pesticide application services;

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(B)
�
Apply a pesticide
against any target pest not specified in the labeling if the application is to
a crop, animal, or site specified on the label or labeling; provided that the
label or labeling does not specifically prohibit the use on pests other than those
listed on the label or labeling;

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(C)
�
Employ any method
of application not prohibited by the labeling;

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(D)
�
Mix a pesticide or
pesticides with a fertilizer when the mixture is not prohibited by the label or
labeling; or

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(E)
�
Use in a manner
determined by rule not to be an unlawful act;

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(2)
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Use, store,
transport, or discard any pesticide or pesticide container in any manner that
would have unreasonable adverse effects on the environment;

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(3)
�
Use or apply
restricted use pesticides unless the person is a certified pesticide applicator
or under the direct supervision of a certified pesticide applicator with a
valid certificate issued pursuant to rules adopted under section 149A-33(1);
provided that it shall be prohibited to use or apply a restricted use pesticide
for structural pest control uses for a fee or trading of services, unless the
user or applicator is a pest control operator or is employed by a pest control
operator licensed under chapter 460J;

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(4)
�
Use or apply
pesticides in any manner that has been suspended, canceled, or restricted
pursuant to section 149A-32.5;

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(5)
�
Falsify any record
or report required to be made or maintained by rules adopted pursuant to this
chapter;

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(6)
�
Fill with water,
through a hose, pipe, or other similar transmission system, any tank,
implement, apparatus, or equipment used to disperse pesticides, unless the
tank, implement, apparatus, equipment, hose, pipe, or other similar
transmission system is equipped with an air gap or a reduced-pressure principle
backflow device meeting the requirements under section 340E-2 and the rules
adopted thereunder; [
or
]

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(7)
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Beginning January
1, 2019, use or apply any pesticide containing chlorpyrifos as an active
ingredient; provided that:

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(A)
�
The department
shall grant to any person, upon request, a temporary permit authorizing the
person, until December 31, 2022, to use or apply a pesticide containing
chlorpyrifos as an active ingredient; and

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(B)
�
Any person who
violates this paragraph shall be subject to a penalty pursuant to section 149A-41[
.
]
;
or

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(8)
�
Beginning January 1,
2027,
sell, possess, or use a pesticide containing one or more
neonicotinoid pesticides, with the exception of use and possession by certified
pesticide applicators, sale by pest control operators licensed under chapter
460J, and use by the department or other authorized state agency when engaged
in rapid response efforts to control invasive or destructive species; provided that
the department shall:

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(A)
�
Evaluate,
at a minimum, the potential impacts of the neonicotinoid pesticide use authorized
by this paragraph on pollinating insects, native migratory and resident birds, aquatic
organisms, and human health, taking into account relevant routes of exposure, including
ingestion of neonicotinoid-pesticide coated seeds and any depletion of
beneficial insects resulting from their use, as follows:

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(i)
�
On
or before January 1, 2028, the department shall issue a draft human health risk
assessment of imidacloprid;

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(ii)
�
On
or before July 1, 2028, the department shall initiate a reevaluation of
neonicotinoid pesticides related to pollinating insects, aquatic organisms, and
human health, taking into account relevant routes of exposure;

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(iii)
�
On
or before January 1, 2028, the department shall issue a final human health risk
assessment for imidacloprid;

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(iv)
�
On
or before January 1, 2028, the department shall issue draft human health risk
assessments for acetamiprid, clothianidin, dinotefuran, thiamethoxam, or any
other chemical designated by the department as belonging to the neonicotinoid
class of chemicals other than imidacloprid;

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(v)
�
On
or before July 1, 2028, the department shall issue an evaluation of the impact
of neonicotinoid pesticides on aquatic organisms;

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(vi)
�
On
or before January 1, 2029, the department shall issue final human health risk
assessments for acetamiprid, clothianidin, dinotefuran, thiamethoxam, or any
other chemical designated by the department as belonging to the neonicotinoid
class of chemicals other than imidacloprid; and

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(vii)
�
On
or before July 1, 2030, the department shall issue a determination with respect
to the reevaluation of neonicotinoid pesticides on their impacts to pollinating
insects, aquatic organisms, and human health;

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(B)
�
On
or before July 1, 2032, adopt any necessary control measures for the use of
neonicotinoid pesticides that are determined by the department to be necessary,
based on the evaluations pursuant to subparagraph (A);

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(C)
�
If
the department is unable to meet any deadline required pursuant to subparagraph
(A) or (B), submit a report to the appropriate standing committees of the
legislature setting forth the reasons the deadline or deadlines have not been
met;

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(D)
�
In
performing the evaluations pursuant to subparagraph (A), consider the
cumulative impacts of exposure to multiple neonicotinoid pesticides, unless the
department can demonstrate with substantial evidence that one or more
neonicotinoid pesticides do not share a common mechanism of toxicity and do not
present risk of cumulative harm.
�
In such
case, the synergistic impacts of exposure to two or more neonicotinoid
pesticides not sharing a method of action shall be considered in lieu of the
cumulative impacts.

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For the purposes
of this subparagraph:

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"Cumulative
impacts of exposure" means the collective impact of exposure to two or
more neonicotinoid pesticides.

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"Synergistic
impacts of exposure" means the collective impact of exposure to two or
more neonicotinoid pesticides that do not share a common mechanism of toxicity;
and

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(E)
�
Not
be required to conduct a reevaluation of any use of neonicotinoid pesticides
for the protection of agricultural commodities as defined in section 145-21,
excluding the use of neonicotinoid pesticides as seed coatings for commodity
and specialty crops.
"

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SECTION 3.
�
Statutory material to be repealed is
bracketed and stricken.
�
New statutory
material is underscored.

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SECTION 4.
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This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

Neonicotinoid
Pesticides; Prohibition; Department of Agriculture and Biosecurity; Evaluations

Description:

Beginning
1/1/2027, prohibits the sale, possession, or use of a pesticide containing one
or more neonicotinoid pesticides, under certain conditions.
�
Requires the Department of Agriculture and
Biosecurity to evaluate the potential impacts of and adopt any necessary
control measures for neonicotinoid pesticide use on pollinating insects,
native
migratory and resident birds
, aquatic
organisms, and human health.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.