HomeMy WebLinkAboutCOM 0489.595 2018-2020 DAVID Y.IGE , s s; r PHYLLIS SHIMABUKURO-GEISER
Governor ¢, �. Chairperson, Board of Agriculture
JOSH GREEN ; ) 1�"y MORRIS M.ATTA
Lt.Governor %4,, Deputy to the Chairperson
State of Hawaii
DEPARTMENT OF AGRICULTURE
1428 South King Street
Honolulu, Hawaii 96814-2512
Phone: (808)973-9600 FAX: (808)973-9613
TESTIMONY OF PHYLLIS SHIMABUKURO-GEISER
CHAIRPERSON, BOARD OF AGRICULTURE r
BEFORE THE HAWAII COUNTY COUNCIL
NOVEMBER 20, 2019 '.
9:00 AM
WEST HAWAII CIVIC CENTER
BILL NO. 101 DRAFT 2
RELATING TO HERBICIDE USE
Chairperson Chung and members of the Hawaii County Council:
Thank you for the opportunity to provide comment on Bill No. 101 Draft 2. This
bill seeks to ban certain herbicides used on County lands used by the public.
Additionally, the bill proposes alternatives to the use of herbicides to provide weed
control in those County of Hawaii public spaces. The Department offers comments on
this bill.
The Department asks the County to take into consideration the regulatory
structure for such prohibition of herbicides that are licensed in the State of Hawaii for
the uses described in this bill. The Hawaii Department of Agriculture is provided funding
by the US Environmental Protection Agency to conduct enforcement activities for
pesticides that have been registered in the U.S. under the provisions of the Federal
Insecticide Fungicide Rodenticide Act (as amended). Additionally, the State of Hawaii
provides funding for the Department of Agriculture to conduct regulatory enforcement of
State of Hawaii pesticide law (HRS Chapter 149A). It is unclear how the County of
Hawaii intends to conduct enforcement of the proposed pesticide law. Currently, the
Hawaii Department of Agriculture has the authority to enforce only for Federal and State
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pesticide laws and rules, under 149A, HRS, and the Hawaii Administrative Rules,
Chapter 4-66.
HDOA would like to ask to review what is covered under Exemptions(d), which
includes a public health hazard. HDOA appreciates this consideration and would like to
address a more likely event; the need for protecting native species and use as a
quarantine emergency- either killing invasive weeds that threaten to choke out native
plants, or that may harbor invasive pests that are a threat to our ecosystem. If a ban is
to take place, a provision for this MUST be included, as the entire purpose of the Bill is
to protect Hawaii, and that includes its ecosystem. Herbicides are useful tools,
especially in quarantine situations, managing disease, invasive species management,
and reestablishing native ecosystems. HDOA asks that the Bill be clarified that this ban
applies to roadside and park maintenance, and not in the aforementioned situations or
large native habitat maintenance, which often requires the use of herbicides to remove
invasive plants in order to reestablish native plants. It should be considered that if there
are diseases within the native plant population, the preferred method to protect other
plants is to treat the plant for any vector, then actually kill the plant in place (e.g. Banana
Bunchy Top Virus), using an herbicide. This method is used to minimize the spread of
any disease to other plants.
HDOA also asks that the definitions be reviewed. "Prohibited Herbicide" includes
"Intended for use . . . as a spray adjuvant, such as a wetting agent or adhesive".
Adjuvants are substances that are mixed with pesticides to reduce drift, runoff, and
otherwise make them safer. They are used with other types of pesticides, not just
herbicides, and some pesticide labels require the use of an adjuvant. Not only does the
bill not explain why adjuvants are included in the scope of this bill but prohibiting them
may inadvertently create more hazardous situations by prohibiting other pesticides from
being mixed with them, as well as creating contradictory language on labels when
pesticide labels require their use.
Thank you for the opportunity to testify on this measure.