Department of Agriculture & Biosecurity

February 12, 2026

NOTICE OF PUBLIC HEARING
Hawaii Department of Agriculture and Biosecurity
Plant Industry Division, Pesticides Branch

Proposed Amendments to Title 4, Chapter 66 of the Hawaii Administrative Rules (HAR)

The purpose of the public hearing is to receive testimony regarding proposed amendments to Hawaii Administrative Rules (HAR) chapter 4-66. HAR §4-66 is being updated to conform to changes in the State’s Certification Plan that was approved by the United States Environmental Protection Agency in November 2022. Changes in the certification plan included requirements that mirror the Federal Regulations and requires replacing instances of “shall” to “must” to clarify what is required, not recommended. The State’s Certification Plan allows the Department to certify and recertify applicators to allow the purchase and use of restricted use pesticides. Additionally, HAR §4-66 is being updated to increase the maximum civil and criminal penalties in order to comply with Act 220, Session Laws of Hawai‘i 2023.

Hybrid Public Hearing Date and Time:

Date: Monday, April 27, 2026
Time: 1:00 PM – 3:00 PM Hawaii Standard Time
Location:
In Person at Department of Agriculture & Biosecurity Conference Room, 1428 S. King St., Honolulu, Hawai‘i 96814.

Via Virtual Meeting (ZOOM). Webinar ID 867 6489 0218

The link to join the webinar: https://us02web.zoom.us/j/86764890218

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Attendance at the virtual hearing is not necessary to submit testimony. Members of the public may submit written testimonies via the following:

• E-mail to [email protected]. Please ensure the subject line includes the word “testimony.” Testimonies will be accepted until 6:00pm on Monday, April 27, 2026; or
• Postal mail to Hawaii Dept. of Agriculture & Biosecurity, Pesticides Branch, 1428 South King Street, Honolulu, HI 96814. Testimonies with the postmark date on and before April 27, 2026 will be accepted; or
• Fax at (808) 973-9418. Testimonies will be accepted until 6:00pm on Monday, April 27, 2026.

The proposed rules are available for review in person at the following Department of Agriculture and Biosecurity offices during regular the business hours of 7:45 a.m. to 4:30 p.m., Monday to Friday, from April 1, 2026 to May 1, 2026.

• Oahu: 1428 S. King St., Honolulu, HI 96814           Phone: 808-973-9402
• Hawaii: 16 E. Lanikaula St., Hilo, HI 96720               Phone: 808-974-4149
• Maui: 635 Mua St., Kahului, HI 96732                    Phone: 808-873-3078
• Kauai: 4398A Pua Loke St., Lihue, HI 96766           Phone: 808-241-7140

Copies of the proposed rules may also be obtained at the above offices by paying a fee for photocopying or sent by mail upon payment of a fee for photocopying and postage. Copies may also be reviewed or downloaded at the Department of Agriculture and Biosecurity’s website at https://dab.hawaii.gov/blog/main/proposed-administrative-rules/.

Persons requiring special accommodations at the hearing may call Department of Agriculture and Biosecurity at (808) 973-9404 or a written request can be mailed to 1428 South King Street, Honolulu, HI 96814. Accommodation requests must be received at least ten working days prior to the hearing.

Description of Proposed Changes

(Material to be deleted is bracketed and struck through. New material is underscored.)

HAR Title 4, Chapter 66

1. 4-66 table of contents, page 66-4: “§4-66-66.1 Enforcement action and penalty assessment schedule; collection of penalties”
2. 4-66-4(a), page 66-11: “Appendix B, 40 CFR part 156 [(2017)] (2023), adopted __________, is appended at the end of this chapter.”
3. 4-66-39(a)(2), page 66-28: “A new product registered [shall] must be accompanied, at the time of use, by labeling meeting all applicable criteria of sections 4-66-4 to 4-66-31. New product labeling [shall] must also contain a statement identifying “For distribution and use only within the State of Hawaii” and the assigned special local need number.”
4. 4-66-39(a)(3), page 66-28: “For a registration of an additional use of a federally registered product, labeling from the federally registered product [shall] must be accompanied at the time of use by supplemental labeling that contains: …”
5. 4-66-39(b), page 66-29: “All products registered by the head [shall] must meet all appropriate federal packaging standards as well as all appropriate standards for coloration established and contained in section 4-66-42.1. …”
6. 4-66-53(a), page 66-41: “Dealers permitted to sell or distribute restricted use pesticides [shall] must keep a record of each sale, distribution, delivery, theft, spill, or any other activity affecting the amount of restricted use pesticides, pesticides requiring an annual permit pursuant to section 4-66-63.1, and special permit to apply restricted use pesticides by aerial application pursuant to section 4-66-64. These records [shall] must be kept at each sales outlet on forms or through other media approved by the head.”
7. 4-66-53(b), page 66-41: “Records [shall] must show the name and address of purchaser, a description of the activity affecting the amount of restricted use pesticide or pesticide requiring an annual permit or special permit, date of sale or other activity affecting the inventory amount, identity of the formulation or brand sold and quantity (including product name and EPA registration number and any applicable emergency exemption or special local need registration number), and for sales of restricted use pesticides, the applicator’s certification number, certification category and certification expiration date, intended use and the name or initials of the employee making the sale or record entry.”
8. 4-66-53(c), page 66-41: “A copy of the permitted sales outlet’s records as specified in this section shall be submitted to the head within fifteen calendar days after the end of each calendar month for which the record is being kept. A copy [shall] must be kept at the permitted sales outlet where the sales were made for a period of [one year] two years.
9. 4-66-56(b)(1), page 66-44, add new subparagraph (D): “(D) Seed treatment. For persons using or supervising the use of restricted use pesticides other than by fumigation on seeds in seed treatment facilities;”
10. 4-66-56(b)(11), page 66-47: “Category 11, chemigation pest control. For persons using or supervising the use of restricted use pesticides other than by fumigation applied through an irrigation system. Certification in this category requires concurrent certification in category 1(A), 2, 3, or 10.”
11. 4-66-56(c)(3), page 66-48: “Category 3, chemigation. For persons conducting agricultural pest control other than by fumigation, with pesticides applied through irrigation systems.  Certification in this category requires concurrent certification in category 1, general agricultural pest control.”
12. 4-66-57(a), page 66-48; “Applicants for certification [shall] must be at least eighteen years of age and shall possess a history of honesty, truthfulness, financial integrity and fair dealing. Such personal history shall be based on information obtained intra-departmentally, interdepartmentally, and/or through publicly available records;”
13. 4-66-57(c), pages 66-48 to -49: “(c) The department shall ensure that examinations meet the following standards:

(1)        Examinations [shall] must be presented and answered in writing;

(2)        Examinations [shall] must be proctored by an individual designated by the department;

(3)        At the time of examination, each person seeking certification [shall] must present a valid, government-issued photo identification or other similarly reliable form of identification as proof of identity and age;

(4)        Each person seeking certification [shall] must be given instruction on examination procedure before beginning the examination;

(5)        Examinations [shall] must be kept secure before, during, and after the examination period.  No portion of the examination or associated reference materials may be copied or retained by any person other than persons authorized by the department;

(6)        There [shall] must be no verbal or non-verbal communication with anyone other than the proctor during the examination period;

(7)        Only reference materials approved by the department may be used during the examination; and

(8)        In addition to the written examination the department may employ additional methods for determining applicator competency.”

14. 4-66-57(d), pages 66-49 to -52: “Applicants [shall] mustdemonstrate practical knowledge of the principles and practices of pest control. The knowledge [shall] must include the following areas:

(1)        Label and labeling comprehension.  Familiarity with pesticide labels and labeling; an understanding of label function, format and terminology; an understanding of instructions, warnings, symbols, and other common labeling requirements; an understanding that it is a violation of federal and State law to use any pesticide in a manner inconsistent with its labeling; an understanding that certification is required in the certification category appropriate to the type and site of the application; an understanding of labeling requirements for supervising non-certified applicators working under the direct supervision of a certified applicator; an understanding of labeling requirements that a certified applicator must be physically present at the site of the application; an understanding of the meaning of product classification as either general or restricted use and that a product may be unclassified; understanding and complying with product-specific notification requirements; and recognizing the difference between mandatory and advisory labeling language;” …

…(7)          Application methods.  Practical knowledge and understanding of selecting the appropriate application method; an understanding of methods used to apply various forms and formulations of pesticides; knowledge of which application method to use in a given situation and that use of a fumigant or aerial application, or other special category pesticide requires additional certification; …

…(9)          Responsibilities of supervisors of non-certified applicators.  Practical knowledge of applicable Federal and State supervisory requirements, including any requirements on the product label and labeling, regarding the use of restricted use pesticides by non-certified applicators.  …”

15. 4-66-58, page 66-52 to -59: “4-66-58 Specific standards for certification of applicators. In addition to satisfying the requirements of section 4-66-57, applicants for certification [shall] must demonstrate through written examinations practical knowledge of the principles and practices of pest control and proper and effective use of restricted use pesticides for each particular category or subcategory of certification applied for, as follows:

(a)        Commercial applicators

(1)        Category 1, agricultural pest control, which includes the following subcategories:

(A)       Crop pest control applicators [shall] must demonstrate practical knowledge of the crops, grasslands, and non-crop agricultural lands and the specific pests on those areas on which the applicator may be using restricted use pesticides.  Applicators in this category [shall] must demonstrate operational knowledge concerning soil and water problems, pre-harvest intervals, restricted entry intervals, phytotoxicity, potential for environmental contamination, non-target injury and other problems resulting from the use of restricted use pesticides in agricultural areas. The required knowledge includes the potential for phytotoxicity due to a wide variety of plants to be protected, for drift, for persistence beyond the intended period of pest control, and for non-target exposures;

(B)       Animal pest control applicators [shall] must demonstrate practical knowledge of such animals and the animals’ associated pests.  The required knowledge includes specific pesticide toxicity and residue potential, and the hazards associated with factors such as formulation, application techniques, age of animals, stress and extent of treatment; and

(C)       Soil and non-soil fumigant pest control applicators [shall] must demonstrate practical knowledge of the pest problems and pest control practices associated with performing fumigation applications, including label and labeling comprehension, worker protection measures, restricted entry periods, recordkeeping requirements, and safety measures to minimize adverse health effects.  Applicators [shall] must also demonstrate an understanding of how applicators and bystanders can be exposed to fumigants, signs and symptoms of exposure to fumigants, first aid procedures, emergency preparedness, the ability to calculate buffer zones, air concentrations of fumigant, and preparation of site-specific fumigant management plans and post-application summaries; soil and non-soil fumigant pest control applicators must demonstrate practical knowledge of the pest problems and pest control practices associated with performing soil fumigant applications and fumigation applications to sites other than soil as specified in 40 CFR section 171.103(d)(13) and (14) (2023).

(D)       Seed treatment applicators must demonstrate practical knowledge including recognizing types of seeds to be treated, the effects of carriers and surface active agents on pesticide binding and germination, the hazards associated with handling, sorting and mixing, and misuse of treated seed, the importance of proper application techniques to avoid harm to non-target organisms, and the proper disposal of unused treated seeds.

(2)       Category 2, forest pest control applicators [shall] must demonstrate practical knowledge of the types of forests, forest nurseries, seed production and pest involved.  The required knowledge [shall] must include the cyclic occurrence of certain pests, population dynamics as a basis for programming pesticide applications, the relevant organisms causing harm and the organisms’ vulnerability to the pesticides to be applied, how to determine when pesticide use is proper, selection of application method, proper use of application equipment to minimize non-target exposures, and appropriate responses to meteorological factors and adjacent land use.  The applicator [shall] must demonstrate an understanding of the potential for phytotoxicity due to a wide variety of plants to be protected, for drift, for persistence beyond the intended period of pest control, and for non-target exposures.  Because forest stands frequently include watersheds, aquatic situations, and harbor wildlife, the applicator [shall] must demonstrate knowledge of pest control methods that will minimize the possibility of secondary problems such as surface or ground water contamination and unintended effects on wildlife;

(3)       Category 3, ornamental and turf pest control applicators demonstrate practical knowledge of pesticide problems associated with the production and maintenance of ornamental trees, shrubs, flowers, groundcover, and turf, including knowledge of potential phytotoxicity due to the wide variety of plants to be protected, for drift, for persistence beyond the intended period of pest control, and for non-target exposures.  Because of the frequent proximity of human habitations to application activities, applicators in this category [shall] must also demonstrate practical knowledge of application methods that will minimize or prevent hazards to humans, pets, and other domestic animals;

(4)       Category 4, aerial pest control applicators [shall] must demonstrate practical knowledge of pest problems and pest control practices associated with performing aerial application of restricted use pesticides as specified in 40 CFR section 171.103(d)(15) (2023).  Applicators [shall] must also demonstrate the ability to read and understand labeling requirements specific to aerial applications, how to choose, operate and maintain aerial application equipment, knowledge of factors to consider before and during aerial application such as weather conditions, wind velocity, and how to minimize drift, demonstrate competency in performing an aerial pesticide application, and knowledge of restricted use pesticide recordkeeping requirements;

(5)       Category 5, aquatic pest control applicators [shall] must demonstrate practical knowledge of the characteristics of various aquatic use situations, and the potential for adverse effects on non-target plants, fish, birds, beneficial insects and other organisms in the immediate aquatic environment and downstream.  Applicators [shall] must also demonstrate the principles of limited area applications;

(6)        Category 6, right-of-way pest control applicators [shall] must demonstrate practical knowledge of the types of environments (terrestrial and aquatic) traversed by rights-of-way, recognition of target pests, and techniques to minimize non-target exposure, runoff, drift, and excessive foliage destruction.  Right-of-way pest control applicators [shall] must also demonstrate knowledge of the potential for phytotoxicity due to a wide variety of plants and pests to be controlled, and for persistence beyond the intended period of pest control.  Applicators doing right-of-way work [shall] must demonstrate knowledge of application equipment, containment of the pesticide within the right-of-way area, and drift control methods and procedures;

(7)       Category 7, industrial, institutional, and structural pest control applicators [shall] must demonstrate a practical knowledge of industrial, institutional, and structural pests, including recognizing those pests and signs of the pest’s presence, habitats, life cycles, biology, and behavior as it may be relevant to problem identification and control.  Applicators [shall] must demonstrate practical knowledge of types of formulations appropriate for control of industrial, institutional and structural pests, and methods of application that avoid contamination of food, minimize damage to and contamination of areas treated, minimize acute and chronic exposure of people and pets, and minimize environmental impacts of outdoor application.  Applicators in this category [shall] must also demonstrate knowledge of the pesticide labeling of the products typically used in the applicator’s operations, including hazards to the environment, emergency procedures, application methods, disposal, and pertinent laws, rules, and regulations; Applicators in subcategories using or supervising the use of fumigant restricted use pesticides must demonstrate practical knowledge of the pest problems and pest control practices associated with fumigation applications to sites other than soil as specified in 40 CFR section 171.103(d)(14) (2023);

(8)       Category 8, public health pest control applicators [shall] must demonstrate practical knowledge of pests that are important vectors of disease, including recognizing the pests and signs of the pests’ presence, habitats, life cycles, biology and behavior as it may be relevant to problem identification and control.  The required knowledge also includes how to minimize damage to and contamination of areas treated, acute and chronic exposure of people and pets, and non-target exposures.  Applicators [shall] must demonstrate competency in nonchemical control methods such as sanitation, waste disposal, and drainage.  Applicators [shall] must also demonstrate knowledge of hazards to the environment, emergency procedures, application methods, disposal, and pertinent laws, rules, and regulations;

(9)       Category 9, regulatory pest control applicators [shall] must demonstrate practical knowledge of regulated pests, applicable laws relating to quarantine and other regulation of regulated pests, and the potential impact on the environment of restricted use pesticides used in suppression and eradication programs.  Applicators [shall] must demonstrate knowledge of factors influencing introduction, spread, and population dynamics of regulated pests;

(10) Category 10, demonstration, research, and instructional pest control applicators [shall] must demonstrate practical knowledge of the potential problems, pests, and population levels reasonable expected to occur in a demonstration situation and the effects of restricted use pesticides on target and non-target organisms.  Applicators [shall] must also demonstrate competency in each pest control category applicable to the applicator’s demonstration. For purposes of demonstrating proper use of a particular pesticide product, out-of-state technical representatives visiting or working in the State for thirty days or less per year need not be certified in this category if certified in an equivalent category by a jurisdiction authorized by the EPA to issue certifications. The out-of-state technical representative shall present his or her certification credentials to the head for an equivalency determination prior to applying any restricted use pesticides in the State; and

(11)      Category 11, chemigation pest control applicators [shall] must demonstrate practical knowledge of labeling requirements specific to chemigation, how to choose, operate and maintain application equipment, the use of metering devices, strategies and equipment for backflow prevention, and procedures for irrigation system assessment for the distribution consistency of water, or chemicals, or both.

(b)       Private applicators

(1)       Category 1, general agricultural pest control applicators [shall] must demonstrate practical knowledge of agricultural commodities grown in the State and the specific pests relevant to these commodities.  Applicators in this category [shall] must demonstrate practical knowledge of how to avoid contamination of ground and surface waters, demonstrate an understanding of preharvest intervals, restricted entry intervals, and entry restricted periods and areas.  The applicator [shall] must also demonstrate a practical understanding of phytotoxicity, specific pesticide toxicity, and residue potential when pesticides are applied to animal or animal product agricultural commodities, and the relative hazards associated with using pesticides on animals or places in which animals are confined based on formulation, application technique, age of animal, stress, and extent of treatment.  General agricultural pest control applicators [shall] must demonstrate a complete understanding of the Worker Protection Standard, part 170 of title 40, Code of Federal Regulations [(2018)] 2023;

(2)       Category 2, agricultural pest control fumigant applicators [shall] must demonstrate practical knowledge of pest problems and pest control practices associated with soil and non-soil fumigant applications.  Applicators in this category [shall] must demonstrate knowledge of label and labeling comprehension, safety measures to minimize adverse health effects, characteristics of soil and non-soil fumigants, selecting appropriate application methods and timing, factors that influence fumigant activity, worker protection measures, personal protective equipment and how to use it properly, restricted entry periods, posting requirements, recordkeeping requirements, an understanding of how applicators and bystanders can be exposed to fumigants.  Applicators [shall] must also demonstrate knowledge of signs and symptoms of exposure to fumigants, first aid procedures, emergency preparedness, the ability to calculate buffer zones, air concentrations of fumigant, and preparation of site-specific fumigant management plans and post-application summaries[;]. Agricultural pest control fumigant applicators must demonstrate practical knowledge of the pest problems and pest control practices associated with performing soil fumigant applications and fumigation applications to sites other than soil as specified in 40 CFR section 171.105(d) and (e) (2023); and

(3)       Category 3, agricultural chemigation pest control applicators [shall] must demonstrate practical knowledge of labeling requirements specific to chemigation, how to choose, operate and maintain application equipment, the use of metering devices, strategies and equipment for backflow prevention, and procedures for irrigation system assessment for distribution consistency of water, or chemicals, or both.  Applicators in this category [shall] must also demonstrate a complete understanding of the Worker Protection Standard, title 40, part 170, Code of Federal Regulations (2018).

(c)        Any certified commercial pesticide applicator or certified private pesticide applicator who fails to cooperate with an inspection conducted by the department pursuant to section 149A-36, Hawaii Revised Statutes, may be denied issuance or renewal of certification, or may have certification suspended or revoked.

(d)       Any certified commercial pesticide applicator or certified private pesticide applicator who misuses a pesticide, is criminally convicted under section 14(b) of FIFRA, or receives a final order imposing a civil penalty under section 14(a) of FIFRA may be denied issuance or renewal of certification, or may have certification suspended or revoked.”

16. 4-66-60(a)(1), page 66-60: “For initial certification of commercial applicators and renewal of commercial applicator certificates, the applicant [shall] mustbe at least eighteen years of age. Application shall be made on forms prescribed by the head.  Forms are available at the department or on-line at https://dab.hawaii.gov.  The completed form shall be submitted to the department, with the appropriate fee.  Once the form is received by the department, and the appropriate fee has been paid, the applicant will be scheduled for examination.  To gain entrance to the testing facility, an applicant [shall] must present a valid, government-issued photo identification or other similarly reliable form of identification as proof of identity and age. …”
17. 4-66-60(a)(4)(A), page 66-62: “…(C)   Soil and Non-soil Fumigant Pest Control. 30*

(D)       Seed Treatment…………………………  20 …”

18. 4-66-60(b)(1), pages 66-62 to -63: “For initial certification of private applicators and renewal of private applicator certificates, the applicant [shall] mustbe at least eighteen years of age. Application shall be on forms prescribed by the head.  Forms are available at the department or on-line at https://dab.hawaii.gov.  The completed form shall be submitted to the department, with the appropriate fee.  Once the form is received by the department, and the appropriate fee has been paid, the applicant will be scheduled for examination.  To gain entrance to the testing facility, an applicant [shall] must present a valid, government-issued photo identification or other similarly reliable form of identification as proof of identity and age. …”
19. 44-66-60(b)(4), page 66-64: “Certification of private applicator under special circumstances. An applicant for private applicator certification who is unable to pass a written examination may request that the department provide certain testing accommodations.  The head shall review requests for testing accommodation on a case-by-case basis.  The applicant may be offered the opportunity for testing under special circumstances if the head finds the accommodation request is reasonable and will not result in public safety being compromised.  All testing accommodations shall cover the general standards specified in section 4-66-57 and the specific standards specified in section 4-66-58(b).…”
20. 4-66-61(b)(2), pages 66-67 to -68: “The certified applicator [shall] mustgive the non-certified applicator use-specific written instructions in a manner the non-certified applicator can understand. The use-specific instructions [shall] must include labeling directions, precautions, and requirements applicable to the site, method of application, and pesticide used. The use-specific instructions must also include how the characteristics of the use site (e.g., surface and ground water, endangered species, local population and the conditions of application (e.g., equipment, method of application, formulation) might increase or decrease the risk of adverse effects. The certified applicator must ensure that the non-certified applicator has been instructed within the last twelve months in the safe operation of any equipment the non-certified applicator will use for mixing, loading, transferring, or applying pesticides. The certified applicator [shall] must ensure that before each day of use equipment used for mixing, loading, transferring, or applying pesticides is in proper operating condition as intended by the manufacturer and can reasonably be used without risk of reasonably foreseeable adverse effects to by the non-certified applicator, other persons, or the environment. The certified applicator [shall] must ensure that the non-certified applicator has access to the applicable product labeling at all times during use, and if the labeling requires that personal protective equipment be worn, the certified applicator [shall] must ensure that the non-certified applicator has the appropriate clean personal protective equipment available and the equipment is used correctly for its intended purpose.  The certified applicator [shall] must ensure that the means to immediately communicate with the certified applicator is available to each non-certified applicator.  The certified applicator must be physically present at the site of the use being supervised when required by the product labeling.”
21. 4-66-61(4), page 66-68: “The non-certified applicator [shall] must[meet the minimum age requirement to use or apply restricted use pesticides under the supervision of a certified applicator] be at least eighteen years of age. The non-certified applicator [shall] must also meet any other non-certified applicator [qualification] requirements specified in title 40, [part 171,.201] Code of Federal Regulations [ (2018)] section 171.201 (2023).”
22. 4-66-62(a), page 66-69: “Certified pesticide applicators [shall] mustkeep records of all restricted use pesticide applications at the applicator’s principal place of business.”
23. 4-66-62(b), page 66-69: “These records must be kept for a period of two years and [shall] mustbe made available for inspection and copying by the head during reasonable working hours.”
24. 4-66-62(c), page 66-69: “Recordkeeping information [shall] mustinclude:

(1)       Brand or common name of pesticide product applied;

(2)       EPA registration number;

(3)       Type of formulation;

(4)       Per cent active ingredient;

(5)       Scientific or common name of target pest;

(6)        Dilution rate;

(7)       Total amount of pesticide used;

(8)       Total area covered;

(9)       Time and date of application;

(10)      Address or location of treated site;

(11)     Name of certified applicator and his or her certification number;

(12)     Crop, commodity, stored product or other site;

(13)      Restricted entry interval and whether posting and oral notification are required; [and]

(14)      Records required under 40 Code of Federal Regulations section 171.201(e) (2023); and

(15)      Any other information the head deems necessary.”

25. 4-66-62(e), page 66-70: “Commercial applicators [shall] mustretain a copy of the written record furnished to the agricultural employer in compliance with subsection (d). These records must be kept for a period of two years and [shall] must be made available for inspection and copying by the head during reasonable working hours.”
26. 4-66-62(h), page 66-71: “(h) Certified pesticide applicators [shall] mustcreate or verify the existence of records documenting that each non-certified applicator who mixes, loads, transfers, or applies restricted use pesticides has the qualifications required under section 4-66-61(4). The records must include the information required under 40 Code of Federal Regulations section 171.201(e) (2023).”
27. 4-66-62(i), page 66-71: “[Failure] Falsification of any records required to be maintained by certified pesticide applicators or any other failureto comply with the recordkeeping requirements may result in certification revocation and subject the certified pesticide applicator to additional penalties as provided by law.”
28. 4-66-66.1, heading, page 66-77: “Enforcement action and penalty assessment schedule; collection of penalties.”
29. 4-66-66.1(a), page 66-77: “In proposing enforcement actions, the department may use the “Appendix A,enforcement action and penalty assessment schedule” dated ______________, which is appended at the end of this chapter and made a part of this section by reference.”
30. 4-66-66.1, page 66-77, add a new subsection (d): “(d) In case of inability to collect the administrative penalty or failure to pay all or any portion of the administrative penalty, the head may refer the matter to the department of the attorney general, who shall recover the amount by action in the appropriate court.”
31. 4-66 Appendix A: See attached revised enforcement action and penalty assessment schedule.
32. 4-66 Appendix B: See attached revised appendix for CFR provisions incorporated into HAR chapter 4-66.
33. 4-66 Appendix C: See attached new appendix for CFR provisions referenced in HAR chapter 4-66.

HAR 4-66 Appendix A

1. Appendix A, page 1: Section 4-66-66.1 of the Hawaii Administrative Rules Adopted: ________________, [2019]
2. Appendix A (b)(1), page 1: “that person may be assessed an administrative penalty of not more than [$5,000.00] $10,000.00 per offense.”
3. Appendix A section (b)(1), page 2:

“1st Occurrence:

Monetary penalty:               Up to [$5,000.00] $10,000.00;

Certificate suspension:        Up to 6 months;

2nd Occurrence:

Monetary penalty:               Up to [$5,000.00] $10,000.00;

Certificate suspension:        Up to 12 months;

3rd or more Occurrences:

Monetary penalty                                        [$5,000.00] $10,000.00;”

4. Appendix A (b)(2), page 2: “may be assessed an administrative penalty of not more than [$1,000.00] $5,000.00 per offense.

Generally, the penalty to be assessed upon finding of violation by persons set forth in paragraph (b)(2) above, may include, but is not limited to:

1st Subsequent Occurrence:

Monetary penalty:               Up to [$1,000.00] $5,000.00;

Certificate suspension:        Up to 6 months;

2nd Subsequent Occurrence:

Monetary penalty:               Up to [$1,000.00] $5,000.00;

Certificate suspension:        Up to 12 months;

3rd or more Subsequent Occurrences:

Monetary penalty:                           [$1,000.00] $5,000.00;”

5. Appendix A (b)(3), page 3: “may be assessed an administrative penalty of not more than [$5,000.00] $10,000.00 per offense.

Generally, the penalty to be assessed upon finding of violation by persons set forth in paragraph (b)(3) above, may include, but is not limited to:

1st Subsequent Occurrence:

Monetary penalty:               Up to   [$5,000.00] $10,000.00;

Certificate suspension:        Up to   12 months;

2nd Subsequent Occurrence:

Monetary penalty:               Up to   [$5,000.00] $10,000.00;

Certificate suspension:        Up to   24 months;

3rd or more Subsequent Occurrences:

Monetary penalty:                           [$5,000.00] $10,000.00;

6. Appendix A (c)(1), page 4: “shall be fined not more than [$25,000.00] $35,000.00, or imprisoned for not more than one year, or both.”
7. Appendix A(c)(2), page 5: “shall be fined not more than [$1,000.00] $5,000.00,”

Proposed Rule Changes – HAR 4-66 

https://dab.hawaii.gov/wp-content/uploads/2021/03/HAR-Title-4-Chp-66-RAMSEYER-PUBLIC-HEARING.pdf

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January 29, 2026

NOTICE OF PUBLIC HEARING

 Hawai‘i  Department of Agriculture and
Biosecurity Agricultural Loan Division

Chapter 4-8
Chapter 4-61

Hawai‘i Administrative Rules

Chapter 4-8 title is amended to address challenges and barriers that agricultural producers face in accessing capital necessary to cover the rising land and water costs, labor shortages and infrastructure needs for farmers, ranchers, and to expand their current operations. The Act 069 (2025) provides for the department to modify the state agricultural loan program to ensure equitable access to capital for farmers of all scales, with a focus on enabling sustainable, community-based and diversified production by  small and mid-sized farms is essential to further Hawaiʻi’s food security, economic resilience and self-sufficiency.

Chapter 4-61 is created to provide rules governing the implementation of the Food Hub Grant Program authorized by Act 313 of 2022. The purpose of the food hub grant program is to provide funds to support the establishment of food hubs. Food hubs provide wider access to institutional and retail markets for small producers and increase consumer access to fresh healthy food.

Description of Proposed Changes:

• 4-8-1 “Definitions”:

“Food hub” definition is added

“Import replacement loans” definition is added

“Line of credit” definition is added

• 4-8-8 “Letters of decline” requirement is updated to one (1) credit denial from private

lenders, members of farm credit systems, and the Farm Service Agency. No denials for certain new farmers

• 4-8-12 “Interest rates” are updated to a flat rate of four (4) per cent for most qualified Classes and three (3) per cent for new farmers and others specified loan classes. Interest and conditions for emergency loans will be determined by the Department of Agriculture board.
• 4-8-13 “Collateral” procedures are updated to change farmers home administration to

Farm Service Agency.

• 4-8-20 “Line of credit loans” rules, procedure and definitions have been added. Line

of credit loans will provide agricultural producers with liquidity to cover working capital and operational needs with credit that can be secured by sufficient crops, livestock, facility assets and/or credit.

• 4-8-21 “Subchapter 3” is deleted since the North Kohala Loan and Grant program is

no longer active.

• 4-61-1 to 4-61-10 Establish rules governing the food hub grant program including eligibility, application and grant review process, and maximum grant amount of $100,000.

Hybrid Public Hearing Date and Time:

• In-person March 9, 2026, from 6:00 PM to 8:00 PM. Department of Agriculture & Biosecurity Conference Room,1428 S. King St., Honolulu, Hawai‘i 96814.
• Via Zoom, Meeting ID: 873 9379 2913. Access to the zoom link for the hearing: https://us02web.zoom.us/j/8739379291

Copies of the proposed rules may be reviewed by accessing the department’s website at: https://dab.hawaii.gov/blog/main/proposed-administrative-rules/ or in person at any Department of Agriculture & Biosecurity Office.

All interested parties are urged to attend the hearing and to submit comments orally or in writing. Those persons desiring to submit written testimony may do so prior to the public hearing via postal mail to the Agricultural Loan Division at 1428 S. King  Street, Honolulu, HI 96814, via FAX at (808) 973-9455 or via e-mail [email protected].  Please include the word “testimony” and the subject matter when submitting testimony by e-mail.  If possible, submit 5 written copies of the testimony to staff prior to the meeting. Those persons desiring to present oral testimony at the public hearing are asked to register with staff prior to the convening of the hearing. Written testimony will be accepted up to 11:59 PM, March 6, 2026.  Attendance at the public hearing is not necessary to submit testimony.

Special accommodations, such as sign language interpretation, large printing, taped materials, and accessible parking, can be provided if requested at least ten (10) business days prior to the scheduled hearing. This request may be made in writing to the Agricultural Loan Division at 1428 S. King Street, Honolulu, HI 96814 or by calling (808) 973-9460.

Sharon Hurd
Chairperson, Board of Agriculture and Biosecurity

Proposed Rule Changes – HAR 4-8
Proposed Rule Changes – HAR 4-61

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