Question: The man who lives across the street from us sprayed some malathion in his yard. The smell was blown into our house, and I became ill. I had muscle spasms in my legs and back. I also had the dry heaves. When I spoke to him, he seemed not to care and walked away from me. Is it illegal for him to do this? What course can I take to make sure it doesn't happen again?

Answer: Call the state Department of Agriculture's Pesticides Branch at 973-9401 and ask to speak to a pesticides specialist.

The Pesticides Branch regulates the manufacture, sale and use of pesticides in the state.

Someone will either investigate the incident and/or help to educate your neighbor on the proper way to apply the pesticide, said department spokeswoman Janelle Saneishi.

It is not illegal for homeowners to use malathion, but they're supposed to follow the label instructions.

“;If the neighbor is found to have used malathion against the label directions, they will receive a warning letter on the first offense,”; Saneishi said.

For subsequent offenses, the fine can be as high as $1,000 per violation.

However, “;In most instances it is a matter of educating the person on the proper application of pesticides,”; Saneishi said.

In any case, residents should always read and follow the label instructions on all pesticides, she said.

Saneishi said residents should also make sure that they dispose of unused pesticides properly.

If there are any questions, call the Pesticides Branch at 973-9401 on Oahu, the state Department of Health's Hazardous Waste Program at 586-4226 or the city's Household Hazardous Waste Program at 768-3201 for guidance.

Q: Can't police direct runners off the bike lane along Kalakaua Avenue, makai of Kapiolani Park? Most of the runners there are running dangerously with the traffic at their backs. Runners have sidewalks and a wide median, while cyclists have only the narrow lane. And runners in the bike lane force cyclists into the line of traffic. It is also my understanding that Section 291C-76 of the Hawaii Revised Statutes says it is unlawful for pedestrians to be in a bike lane if there is also a sidewalk.

A: Section 291C-76(a) says, “;Where sidewalks are provided it shall be unlawful for any pedestrian to walk along and upon an adjacent roadway, bicycle lane, or bicycle path.”;

Runners should use the sidewalks, said Capt. Jeff Richards, of the Honolulu Police Department.

“;Traffic throughout Waikiki is heavy, and officers are constantly balancing the safety of runners, bicyclists, drivers and thousands of pedestrians,”; he said. “;While some runners may feel safer on the bike path, they are posing a danger to themselves and the bicyclists who are lawfully there.”;

Meanwhile, Section 291C-76(b) of the Hawaii Revised Statutes says, “;Where sidewalks are not provided, any pedestrian walking along and upon a highway shall, when practicable, walk only on the left side of the roadway or its shoulder, facing traffic which may approach from the opposite direction.”;