Hawaii becomes first state to ban widely used pesticide

June 26th, 2018 by Dakota Software Staff

Hawaii recently made news as the first state to ban the use of pesticides containing chlorpyrifos, an ingredient used for decades to kill a variety of pests. The Associated Press highlighted research that indicates chlorpyrifos can harm the brains of children as they develop and noted its common use throughout the agricultural industry, mentioning its place among the most commonly seen pesticide ingredients.

For businesses outside the Aloha State, the action taken by Hawaii's legislature and governor is notable because it came in part as a response to the Environmental Protection Agency. The federal environmental watchdog had reversed position on a rule that would have barred the use of the chemical on fruits and vegetables after Scott Pruitt, the current chief administrator of the agency, took office. The law signed by David Ige, Governor of Hawaii, could be an early example of state-specific actions taken when leaders and activists on that level believe federal authorities aren't doing enough to protect residents. That has the potential to create an increasingly complicated regulatory climate.

Hawaii will ban all uses of a common pesticide by 2023.

The specifics of Hawaii's chlorpyrifos law

Ige signed the law into effect on June 13, Ag Pro reported. One of the major elements of the law, which covers the eight major islands and the many smaller landmasses that make up the state, is a total ban on chlorpyrifos use by 2023. This approach may be seen as business friendly, since it gives companies operating within Hawaii's borders about four years to research other pesticide options and develop a long-term strategy that suits the state's climate.

However, businesses and individuals that want to continue using pesticides containing chlorpyrifos past Jan. 1, 2019, need to obtain a special permit from Hawaii's department of agriculture. Additionally, anyone utilizing restricted-use pesticides must report their applications to the state agriculture department. Additionally, the Jan. 1, 2019, deadline marks the start of a buffer zone requirement that prohibits chlorpyrifos application within 100 feet of any school on the island during their normal operating hours.

Local activists played a significant role in the effort to turn the bill into a law, and were thanked by Mike Gabbard, state senator, for their efforts, Ag Pro said. Gabbard also made a point that is especially relevant to businesses on the mainland, pointing out his belief that this is only the first of other, similar state-level laws that will eventually come into play.

Considerations for businesses

The EPA's overall change in operations since Pruitt took charge of the organization has little to no effect on the power states hold for regulating certain activities within their borders. With similarly organized groups of activists and receptive legislatures, it won't be especially difficult for other states to at least see the waters tested with similar laws. Companies may have to contend with a more complicated and fractured regulatory landscape in the future. That means additional attention must be paid by employees to where and when certain chemicals and processes are used. A failure to do so could mean running afoul of relevant state laws when federal ones are absent.