Experimental Use of Pesticides in Hawaiʻi

October 2012

A STUDY GUIDE FOR PERSONS SEEKING CERTIFICATION BY THE STATE OF HAWAIʻI DEPARTMENT OF AGRICULTURE TO BUY, USE, OR SUPERVISE THE USE OF RESTRICTED USE PESTICIDES FOR THE COMMERCIAL 10 CATEGORY DEMONSTRATION, RESEARCH, AND INSTRUCTIONAL PEST CONTROL

This study guide was developed for the Pesticide Risk Reduction Education program of the College of Tropical Agriculture and Human Resources, University of Hawaiʻi at Mānoa. Please direct any question or comment about this guide to:
Charles Nagamine
Department of Plant and Environmental Protection Sciences
3190 Maile Way Room 307
Honolulu, Hawaii 96822.
Telephone (808) 956-6007
Email cynagami@hawaii.edu 

Other Study Material

This study guide is just one item of a complete set of study guides for the examination for the Commercial 10 Demonstration, Research, and Instructional Pest Control category. The complete set may be viewed by following the links for the commercial 10 category, beginning at this webpage:

https://cms.ctahr.hawaii.edu/epp/Education/Study-Guide-Packets

If another study guide is identified by its title in this publication, it may be accessed from that webpage.

Acknowledgement: Mahalo to Lance Kobashigawa, Hawaiʻi Department of Agriculture for significant comments and contributions to this study guide.

Disclaimer: Where trade names are used, no endorsement is intended nor is criticism implied of similar suitable products not named.

Experimental Use of Pesticides

An experimental use of a pesticide is using a specific pesticide product in a test to determine the scope and limits of the chemical’s usefulness as a pesticide and its effect on the environment. Pest management researchers may do such testing to develop data that could be submitted with a request to a pesticide regulatory agency to allow the product to be used according to a method that is not currently allowed by the product’s labeling. Because using the pesticide product in that unlabeled manner could be illegal, even if only in a test, the researcher should at least ask if it is necessary get an experimental use permit.

Questions about experimental use permits should be directed to the Hawaiʻi Department of Agriculture’s Pesticides Branch.

Permits for Experimental Uses

Two pesticide regulatory agencies issue experimental use permits for test sites in Hawaiʻi, and typically, the size of the test site determines which agency should get the request for a permit. The Hawaiʻi Department of Agriculture (HDOA) considers permits to test on 10 acres or less. The EPA considers requests for permits to test on larger sites.

There is an exception for researchers performing experiments in Hawaiʻi on a field less than one-fourth (¼) acre, or in a laboratory or greenhouse; that is, the HDOA does not require a permit for such sites if the testing program meets all three of the following conditions:

  • The purpose of the experiment is to determine the chemical’s value as a pesticide or its toxicity or other properties; and,
  • The experiment is being conducted by recognized research personnel; and, 
  • The pesticide user does not expect to receive any benefit in pest control from its use in the experiment.

If use of the pesticide in the experiment is likely to result in residue in or on food or feed, the HDOA may issue an experimental use permit provided one of the following conditions are met:

  • There exists either a tolerance or exemption from the requirements for a tolerance for the pesticide/ commodity combination; or,
  • The food or feed will either be destroyed or used only for laboratory or experimental animals for testing purposes; or,
  • The researcher who applied for the permit submits convincing evidence that use in the test will not result in residues exceeding the tolerance.

Researchers may apply for experimental use permits from the HDOA by completing the Department’s application form and submitting it with a copy of the experimental protocol.

Reporting and Monitoring

For a permitted experiment, the permit holder will be required to submit reports about the status of the experimental program on a schedule specified by the permit; though the holder must immediately report incidents of unreasonable adverse effects of use or from exposure to pesticides covered by the permit.

HDOA personnel may monitor the experimental programs and revoke a permit if they determine that its terms or conditions are being violated or are inadequate to avoid unreasonable adverse effects on humans or the environment.

Reference

Pesticide Rules of the Hawaiʻi Department of Agriculture (Hawaiʻi Administrative Rules, Title 4, Subtitle 6, Chapter 66, amended and compiled October 24, 2006): §§4-66-45, 4-66-46, 4-66-47, 4-66-48, 4-66-49, 4-66-50, 4-66-51.

PRINT VERSION of webpage.

QUESTIONS OR PROBLEMS WITH THIS WEBPAGE? This on-line version is made and maintained in our office at the University of Hawaii's Manoa campus located in Honolulu, Hawaii. To comment, make suggestions, ask questions, or report any problems with this website, please contact Charles Nagamine, EMAIL: cynagami@hawaii.edu, TELEPHONE: (808) 956-6007, MAIL: P.E.P.S. Dept., 3190 Maile Way Room 307, Honolulu, Hawaii 96822.